Raj Juneja, Pierre Bourgeois, "International Tax Issues That Get in the Way of Doing Business", 2019 Conference Report (Canadian Tax Foundation), 36:1 – 42

Summary Under
Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(1)

FAD rules apply even where no debt dumping or surplus stripping involved

  • The foreign affiliate dumping (FAD) rules were intended to target two...

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Summary Under
Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(16)

Exception unavailable where CRIC has no Cdn business

  • It is unclear why it is necessary to meet all of the requirements of the s. 212.3(16)...

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Summary Under
Tax Topics - Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b)

Not engaged merely by support agreement or arrangement agreement

  • The entering into of a support agreement or an arrangement agreement prior to...

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Summary Under
Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(10) - Paragraph 212.3(10)(f)

S. 212.3(10)(f) can encourage bump and run transactions

The structure resulting where a Canadian public corporation, that has no operations in...

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Summary Under
Tax Topics - Income Tax Act - Section 18 - Subsection 18(5) - Specified Right

Uncertainty regarding specified right exclusion in multiparty group secured facility

  • Under a multiparty credit agreement, all parties (Foreign...

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Summary Under
Tax Topics - Income Tax Regulations - Regulation 105 - Subsection 105(1)

Withholding even where subcontracting by NR to Cdn subs

  • A non-resident commonly contracts to provide services to a Canadian resident, and...

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Summary Under
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(a) - Subparagraph 95(2)(a)(ii) - Clause 95(2)(a)(ii)(D)

CRA current use test

  • In 2002-0013899, concerning a taxpayer which carried on transactions to ensure that the conditions under s. 95(2)(a)(ii)(D)...

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Summary Under
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (b)

Circularity element in determining excluded property status where material upstream loans

  • Where an acquisition target is a holding company that...

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Summary Under
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(2.01)

Need to avoid assumption of liabilities on the drop-down transaction in a “pack and sale” transaction

  • Reg. 5907(2.01) to some extent...

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