the domestication of an exempted Bermuda limited partnership under the DRULPA does not entail dispositions
401
Principal Issues: Whether a limited partnership (“the Partnership”) will continue to be treated as a partnership for purposes of the Act after the continuation. Whether the continuation will result in the partners to have a disposition of their Units. Whether the continuation will result in a disposition of properties by the Partnership.
Position: Yes. No. No.
Reasons: After the continuation, the characteristics of the Partnership more closely resemble partnerships formed in Canada than any other form of business entity or arrangement. The continuation will not result in a disposition given that the Partnership will continue being the same partnership following the continuation from both a Bermuda and Delaware law perspective, and there will be no significant change in the rights and obligations of the partners.
no application of s. 214(3)(a) to Canco's conferral of a benefit on a non-resident sister by bearing the Part XIII tax on a royalty paid to it
250
Principal Issues: Whether a debt is created for the purposes of subsection 15(2) in circumstances where Part XIII tax is assessed in respect of a payment made by a Canadian-resident corporation to a non-resident person, and paid by the Canadian-resident corporation on behalf of the non-resident person under subsection 215(6).
Position: No.
Reasons: Consistent with prior published position.
participation in Canadian board meetings by telephone from outside Canada is not the exercise of the office in Canada
109
Principal Issues: Is a non-resident director who, while physically outside of Canada, participates, by phone, in a board meeting held in Canada, considered to be performing duties of offices and employments in Canada?
Position: To the extent that the duties of offices and employments are performed outside of Canada, they should not be taxable income earned in Canada.
Reasons: Duties of offices and employments which are performed outside of Canada by a non-resident are not subject to tax under subparagraph 115(1)(a)(i).
