| 2018-04-18 |
24 January 2018 External T.I. 2016-0645911E5 F - Avantage imposable - Stationnement |
Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) |
free parking benefit scaled to comparable-spot charge/ business-use exception excludes overtime use |
| 2018-04-11 |
6 October 2017 APFF Roundtable Q. 6, 2017-0709041C6 F - Services PE |
Treaties - Income Tax Conventions - Article 5 |
there can be a services PE in Canada during the tail end of a project which ends in the first few months of a calendar year |
| 6 October 2017 APFF Roundtable Q. 7, 2017-0709051C6 F - Dédommagement-annulation d'une offre d'achat |
Income Tax Act - Section 54 - Capital Property |
damages for breach of a purchaser's covenant were proceeds of a capital property |
| Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A |
if damages relate to a particular asset of a business that was not disposed of, they will reduce the asset’s cost |
| 6 October 2017 APFF Roundtable Q. 8, 2017-0719491C6 F - Production of NR4 forms |
Income Tax Regulations - Regulation 202 - Regulation 202(1) |
CRA requires NR4 reporting of withholding-exempt amounts |
| 6 October 2017 APFF Roundtable Q. 9, 2017-0709071C6 F - Corporate Attribution Rules |
Income Tax Act - Section 74.4 - Subsection 74.4(2) |
a second freeze transaction by a family trust could be viewed as an indirect transfer by the original freezor |
| Income Tax Act - Section 74.5 - Subsection 74.5(5) |
unborn children and spouse not designated persons re freezer trust |
| 6 October 2017 APFF Roundtable Q. 10, 2017-0709081C6 F - Election to treat excess as separate dividend |
Income Tax Act - Section 184 - Subsection 184(3) |
elected-upon amount is retroactively deemed as income even if it is still unpaid |
| Income Tax Act - Section 185 - Subsection 185(3) |
normal reassessment period starts running from date of Pt III assessment |
| 6 October 2017 APFF Roundtable Q. 11, 2017-0709091C6 F - Transitional rules - Class 14.1 |
Income Tax Act - Section 13 - Subsection 13(38) - Paragraph 13(38)(d) - Subparagraph 13(38)(d)(iii) |
s. 13(38)(d)(iii) transitional election is irrelevant to ECP dispositions by a calendar-year partnership |
| 6 October 2017 APFF Roundtable Q. 12, 2017-0709111C6 F - Dépenses relatives à un congrès |
Income Tax Act - Section 20 - Subsection 20(10) |
non-capital convention expenses incurred as business expense may be deducted without refererence to s. 20(10) - but “historically” convention expenses viewed as capital expenditures |
| Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Know-How and Training |
convention expenses "historically" viewed as capital expenditures |
| 6 October 2017 APFF Roundtable Q. 13, 2017-0709061C6 F - Calcul des frais pour droit d'usage |
Income Tax Act - Section 6 - Subsection 6(2) |
s. 6(2) standby charge based on leasing cost to the employer rather than the automobile’s cost to an affiliated purchaser |
| 6 October 2017 APFF Roundtable Q. 14, 2017-0720321C6 F - GAAR & 21-year rule planning |
Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a) |
Act does not contemplate any deferral beyond 21 years while property is directly in a discretionary trust or through a Canco |
| 6 October 2017 APFF Roundtable Q. 15, 2017-0709141C6 F - Designation pursuant to paragraph 111(4)(e) |
Income Tax Act - Section 111 - Subsection 111(4) - Paragraph 111(4)(e) |
appreciated goodwill is now eligible for the s. 111(4)(e) step-up |
| 6 October 2017 APFF Roundtable Q. 16, 2017-0709161C6 F - Résidence principale sur une terre agricole |
Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Interest in a Family Farm or Fishing Partnership - Paragraph (a) - Subparagraph (a)(i) |
a legally non-severable farm that is used both in farming and as a residence is one property for purposes of the s. 110.6 principal-use tests |
| Income Tax Act - Section 248 - Subsection 248(1) - Property |
non-severable farm is a single indivisible property |
| 6 October 2017 APFF Roundtable Q. 17, 2017-0709171C6 F - Arm's length determination |
Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(i) |
"holder-by-holder" method applied to treat contingent s. 251(5)(b) rights as being exercised re all the other shareholders |
| 6 October 2017 APFF Roundtable Q. 18, 2017-0721691C6 F - APFF 2017 - Question 18 |
Income Tax Act - Section 152 - Subsection 152(1) |
DTS update |
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