Brian Masse on Questions Passed as Orders for Returns

With regard to the double taxation of Canadian commuters working from home a few days per week for US-based companies and the impact on the Canada Revenue Agency (CRA) foreign tax credit of the Federal Insurance Contributions Act (FICA) taxes deducted in the US and the US 401(k) contributions via the CRA form RC268; (a) must employment be 100 percent exercised in the US per year in order to claim 100 percent of the FICA tax deductions as a foreign tax credit in Canada; (b) if the employment is partially exercised in the US while FICA taxes are deducted based on full employment income by US-based employer regardless of where employment is exercised, would only the percentage of FICA tax deductions equivalent to the percentage of days of employment is exercised in the US be eligible to claim as a foreign tax credit rather that the full actual FICA tax deduction amount; (c) if the answer in (b) is affirmative, why is it not possible for commuters to deduct (on a Canadian tax return via the foreign tax credit) the full FICA tax amount paid in the US based on full employment income even when working from home in Canada; (d) for the 401(k) US pension plan, if employment is only being partially exercised in the US while 401(k) contributions are being made 100 percent throughout the year regardless of where the employment is exercised, would only a percentage of the 401(k) contributions that matches the percentage of days that employment is being exercised in the US be eligible to claim on CRA form RC268; (e) if the answer in (d) is affirmative, is the combination of the lack of a tax deduction credit for the 401(k) portion not eligible to claim on RC268 and the income tax payable during retirement upon 401(k) funds withdrawal considered as double taxation, and, if not, why not; (f) is there a minimum percentage of time that employment must be "exercised" in the US so that Canadian commuters can claim 100 percent of their full year 401(k) contributions on form RC268; (g) if the requirement in (f) is 100 percent or if the answer in (a) is affirmative, could the Department of Finance Canada and the CRA clarify or work to have the convention modified to establish and allow a minimum requirement (a percentage of days of exercising employment in the US vs. total work days) with regard to being allowed to claim 100 percent of FICA taxes and 100 percent of 401(k) contributions; (h) why is the third qualifying bullet on form RC268 not allowed a deduction on the full-year 401(k) contributions (regardless of where employment is exercised); (i) would partially working from home in Canada disqualify Canadian commuters from claiming (i) 100 percent of their 401(k) contributions on Form RC268, (ii) a certain percentage of the full-year 401(k) contributions with respect to the percentage of employment exercised in Canada; (j) how does the Government of Canada, along with the CRA, abide by Article XXIV-ii (Elimination of Double Taxation), if (i) FICA taxes are not fully deductible in Canada through a foreign tax credit, (ii) the 401(k) contributions are disqualified or partially disqualified from being claimed on Form RC268 due to the form's third qualifying bullet?