Jeffrey T. Love, Kenneth R. Hauser, "How Various Aggregation Rules Apply to Trusts", 2018 Conference Report (Canadian Tax Foundation), 28: 1-79

Summary Under
Tax Topics - Income Tax Act - Section 248 - Subsection 248(25) - Paragraph 248(25)(a)

Scope of s. 248(25)(a) (p. 28:9)

A person or partnership may be beneficially interested in a particular trust without being directly beneficially...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 248 - Subsection 248(25) - Paragraph 248(25)(b) - Subparagraph 248(25)(b)(ii)

Potentially redundant effect of s. 248(25)(b)(ii) (pp. 28:9-10)

Paragraph 248(25)(b) substantively extends the concept of being beneficially...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 248 - Subsection 248(25)

Proprep contrary to presumption of consistent expression (pp. 28:11-12, 13)

Pursuant to the presumption of consistent expression, the expanded...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(1) - Paragraph 251.1(1)(g) - Subparagraph 251.1(1)(g)(ii)

Example of 2 trusts sharing a majority-interest beneficiary who are not affiliated (p. 28:18)

… Canco, a corporation, is a majority interest...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(3) - Majority-interest beneficiary

Inclusion in “majority-interest beneficiary” of affiliated persons who are not beneficiaries (p. 28:20)

[T]he definition does not appear to...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(4) - Paragraph 251.1(4)(d) - Subparagraph 251.1(4)(d)(i)

Two alternative interpretations of s. 251.1(4)(d)(i) (pp. 28:22-23)

[I]f under the terms of the trust the income that a beneficiary may receive...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(3) - Majority-interest group of beneficiaries

Determination of whether beneficiaries constitute a “group” (pp. 28:33-34)

We suggest that the above case-law principles should be applied to...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(c) - Subparagraph 251(2)(c)(i)

Example of issue of whether s. 104(1) embodies a trust in its trustee for related person purposes (pp. 28:40-41)

The interpretive issue is whether...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

Whether s. 251(5)(b)(i) deems a beneficiary to own shares held by the trust (pp. 28:48-49)

An interpretive issue in the trust context is whether...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 256 - Subsection 256(1.2) - Paragraph 256(1.2)(f)

Uncertainties re scope of ss. 256(1.2)(f)(ii), (iii) and (iv) (pp. 28:62-63)

Subparagraph 256(1.2)(f)(iii) applies when a beneficiary's share of...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Summary Under
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(b)

CRA application of s. 251(1)(b) (p. 28:52)

The CRA considered the application of paragraph 251(1)(b) to a situation in which a person was a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.