Submitted by narmstrong on Wed, 06/28/2017 - 18:42
restriction of s. 88(1.1) to Canadian corporations is not discrimination prohibited by Art. XXV(1) or (5) of the Canada – U.S. Treaty
A U.S.-resident limited liability company (“Parentco LLC”), which does not carry on business in Canada, wholly owns U.S.-resident LLCs (the...
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Principal Issues: Whether the Canadian corporation requirement found in subsection 88(1.1) of the Act amounts to discrimination based on nationality or on a permanent establishment status contrary to Article XXV of the Canada-U.S. Income Tax Convention.
Position: No.
Reasons: For the reasons provided by the Tax Court of Canada and affirmed by the Federal Court of Appeal in Saipem UK Limited v. The Queen, 2011 TCC 25, affirmed in 2011 FCA 243.
Principal Issues: Whether retirement pension payments received under a Swiss canton’s pension plan in respect of nursing services provided to the general public are exempt under Article 18(2)(a) of the Canada-Switzerland tax treaty?
Position: No.
Reasons: Health care services provided to the general public do not generally represent services rendered to a State.
even where a vehicle available 24 hours a day to a fire chief is clearly marked as a firefighter car, the employer must still estimate whether there is a personal-use benefit
Submitted by narmstrong on Sun, 07/02/2017 - 23:04
even where a vehicle available 24 hours a day to a fire chief is clearly marked as a firefighter car, the employer must still estimate whether there is a personal-use benefit
Fire chiefs are on call 24 hours a day throughout the year with a clearly identified vehicle, equipped with all emergency equipment to enable them...
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emergency vehicle's markings must clearly mark it as police or fire vehicle
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Principales Questions: Est-ce qu’un avantage relatif aux automobiles ou autres véhicules devrait être inclus dans le revenu des employés (en service 24h/jour et 365 jours/année) dans un cas où leur employeur leur fournit un véhicule clairement identifié et muni de tous les équipements d’urgence afin de leur permettre de se rendre sur une scène d’intervention rapidement ? / Whether automobile or other vehicle benefit should be included in employees’ income (in service 24 hours-a-day and 365 days per year) in a situation where their employer provides them a vehicle that is clearly marked as an emergency vehicle that carries all necessary emergency equipment in order to enable them to quickly get to the scene of an emergency?
Position Adoptée: En général, oui. / In general, yes.
Raisons: Si le véhicule fourni aux employés n’est pas une automobile, un avantage calculé en fonction de l’utilisation personnelle faite du véhicule est à inclure au revenu en vertu de l’alinéa 6(1)a) de la Loi. Toutefois, si le véhicule fourni aux employés est une automobile, le calcul de l’avantage est prévu aux alinéas 6(1)e) et k) de la Loi. / Where the vehicle provided to the employee is not an automobile, the amount of the benefit is to be calculated based on the employee’s personal use of the vehicle and included in income under paragraph 6(1)(a) of the Act, and otherwise under paragraphs 6(1)(e) and (k) of the Act.
constructive resettlement of trust on sale of beneficial interests therein extinguished its losses
204
Principal Issues: Whether the subject trust was resettled under the common law on XXXXXXXXXX, such that the carried forward losses claimed were not deductible.
Position: In our view, yes.
Reasons: The sale by the holder of the majority beneficial interest in the commercial trust as at that date changed the whole substratum of the trust.
company providing free trips to incorporated sales reps is required to T4A the individuals if they received the trip qua employee (but not shareholder) of their corporation
Submitted by narmstrong on Sun, 07/02/2017 - 15:24
company providing free trips to incorporated sales reps is required to T4A the individuals if they received the trip qua employee (but not shareholder) of their corporation
2012-0472211I7 concerned a Canadian company which provided free annual trips to southern resorts to high-performing brokers and sales agents of...
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