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Resource Capital Fund III LP v. Commissioner of Taxation, [2013] FCA 363 (Fed. ... In reaching this conclusion, he found that: the plant and equipment, to the extent it was fixtures, was fixtures to the land (which was not owned by SBM and, therefore, was not TARP of SBM) and not to its mining rights (which were TARP): para. 112 the mining information of SBM (which was not TARP) had a substantial value in light of the substantial exploration cost that would be required to reproduce this information, as well as the substantial present value of the mining production that would be foregone during the three to five year exploration and evaluation process (para. 105, 132) the question of what a hypothetical purchaser would pay for the mining information, being anything in the range of nil (being what it could be sold for by itself) to the full replacement cost (including foregone production as noted above), was indeterminate – however, "the fair valuation is one which shares equally between the holder, and the potential user, of the relevant asset the benefit to the user of immediate acquisition of the asset" (para. 157, see also 106, 129), so that the mining information was valued at the mid-point between the two extremes similarly, the plant and equipment should be valued "by dividing the notional ‘bargaining zone' equally" (para. 159, see also 107) between its replacement cost and its minimal scrap value it was not necessary to address whether any value should be assigned to goodwill as the SBM non-TARP assets were more valuable even without doing so it was inappropriate to add an asset value representing the excess of the market capitalization of SBM (which was a listed company) over its discounted cash flow valuation (para. 111, 121) ...

BLP Group plc v Commissioners of Customs & Excise, [1995] EUECJ C-4/94 (ECJ (5th Chamber))-- summary under Supply Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Supply mere borrowing of money is not a supply BLP was a management holding company which provided services to a group of trading companies producing goods for use in the furniture and DIY industries. ... In finding that taking out a loan did not involve a VATable transaction by the borrower at all, even if it pays interest (it was the mere recipient of a service provided by the lender) the Court stated (at para. 47): The taking up of a loan and the selling of an interest in a company are not … operations of the same type for the purposes of the VAT system — nor are they, moreover, for an undertaking's operational purposes, since the income from the sale of shares is part of the undertaking's own resources, whereas the loan is part of its borrowed resources — because that system focuses on transactions and makes a clear distinction between taxable and exempt transactions. ...

Baytex Energy Ltd v Canada (Attorney General), 2015 DTC 5057 [at 5807], 2015 ABQB 278 (CanLII)-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission rectification allowed retroactive to 1 January 2007 despite inconsistency with 2008 amendments The applicant (“BEL”) owned and operated oil and gas properties. To address concerns about provincial royalties eroding federal revenues, Parliament implemented a scheme in 1974-2006 under which taxpayers were entitled to a “resource allowance,” but were required in turn to add any Crown royalties to their income. ... CRA determined that the trust had additional income of $528 million for the 2007 – 2010 period. ...

Acornwood LLP & Ors v. Revenue and Customs Commissioners, [2016] BTC 517, [2016] UKUT 0361 (Tax and Chancery Chamber)-- summary under Income-Producing Purpose Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Income-Producing Purpose regard had to the actual use of the taxpayer's expenditure by the expenditure’s recipient where so directed by taxpayer In the appeal before him by five limited liability partnerships (the “LLPs”) respecting the disallowance of expenditures as trading losses, Nugee J indicated (at para. 6) that he was content to proceed on the basis of a simple example provided by the LLPs’ counsel using the figure of 100 to represent sums contributed to an LLP by individual members. The members contributed 20 from their own resources and borrowed 80 from a bank. ...

After finding (at para. 30) that “there is no doubt that the activity in which the Applicant wishes to engage – public advocacy of policy change – is within the guarantee of freedom of expression,” and noting (at para. 31) the Attorney General’s argument that “the Applicant has a right to free speech, not to subsidized speech” through the ability to issue charitable receipts, Morgan J further stated (at paras 39, 42 and 43): [V]irtually everything that the Applicant does is “political”, although those political activities are conceptually ancillary to –i.e. a mechanism to achieve – its charitable activities and purpose. … Simply put, there is no way to pursue the Applicant’s charitable purpose – using methodology that is recognized as necessary by Parliament itself – while restricting its politically expressive activity to 10% of its resources as required by CRA under s. 149.1(6.2). … Moreover, the evidence is that the Applicant cannot function – or will have difficulty in functioning – in the absence of registered charitable status. ...

He went on to indicate that although the cached resources constituted software that was for use on or with an electronic device in B.C., they did not constitute a “software program,” as their only purpose was to optimize the efficiency of the web interface between the user’s browser and the Console, and the user could not interact with the cached resources in a meaningful way. ... Regarding Hootsuite’s access to the EC2 and X3 cloud-computing (”infrastructure as a service”) of AWS), Thomas indicated (at para. 90) that “EC2 creates a virtual machine to provide computing resources to Hootsuite … [that] is opaque to the user- it cannot be manipulated or directly accessed by Hootsuite” and (at para. 98) that “S3 is a hardware storage product in which users install an application program to store and backup data on the virtual machine.” ...

He then concluded (at paras. 71-72): The expenditure on obtaining resource consents… was directly related to specific projects that would be on capital account if they came to fruition. The projects could not proceed without resource consents. Obtaining the consents thus represented tangible progress towards their completion. … [H]owever...expenditure associated with early stage feasibility assessments may be deductible. Such assessments can be seen as a normal incident of business. … Expenditure which is not directed towards a specific project or which is so preliminary as not to be directed towards the advancement of such a project is likely to be seen as being on revenue account. ...

Lady Rose first stated her agreement with the conclusion of the Court of Appeal (per Falk LJ) that the right to work the field was held by Sulpeto UK and not by Sulpeto, stating in this regard (at paras. 82, 88): There is a legal difference between someone having a right to work natural resources and someone having a right to require another person to work those natural resources. Sulpetro has the latter but not the former. … The idea that … a company, has a separate legal personality from its shareholders has been protected and reaffirmed from Salomon v A Salomon & Co Ltd [1897] AC 22 onwards. ... That means that the recipient of the consideration must own an interest in the land in which the natural resources are found. ...

The Attorney General sought to revive Whitecap Energy pursuant to s. 208 of the Business Corporations Act (Alberta) in order that it could be assessed by CRA which, in turn, would permit an assessment of Whitecap Resources under ITA s. 160. Principally at issue was whether the Attorney General had standing as an “interested party,” which was relevantly defined in ABCA s. 206.1 to “mean … (a) … a creditor of a dissolved corporation … or (d) a person designated as an interested person by an order of the Court.” ... The liability does not become a debt until the taxes are assessed and a Notice of Assessment is issued (sections 158, 227, and 248(2) …. and cf Brogan Family Trust …). ...

ARQ, 2016 QCCQ 1504-- summary under Subparagraph (vi) Summary Under Tax Topics- Income Tax Act- Section 66.1- Subsection 66.1(6)- Canadian exploration expense- Paragraph (f)- Subparagraph (vi) mine on care and maintenance was a closed mine for CEE purposes A mining company (“McWatters”) operated its Kiena gold mine, whose primary facilities were situated at Lac de Montigny near Val-d’Or, until October 2002, when it put the mine on care and maintenance (having exhausted the reserves, although there were still measured and indicated resources), and put it up for sale. ... ARQ assessed on the basis that Wesdome’s related expenditure did not qualify as Canadian exploration expense under s. 395(c) of the Taxation Act (essentially identical to ITA, s. 66.1(6) – Canadian exploration expense – (f)(vi)), as being “any expense that may reasonably be related to a mine in the mineral resource that has come into production in reasonable commercial quantities or to an actual or potential extension of such a mine.” ... And at paras. 82-86: The uncontradicted evidence demonstrates that in October 2002, when McWatters ceased operations at the Kiena mine, the identified extractable resources were not of a sufficient quantity and quality to economically justify maintaining operations. ...