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. … In a 2005 technical interpretation, [CRA] took the position that a service provider whose principal business included the maintenance of account records did not satisfy the test because "[the service provider's] services do not include time spent on the custody of securities, the collection and remittance of income, and the right to buy and sell on [its] own judgment on behalf of some clients without reference to those clients. [F.n. 382 … 2005-0124131E5.] ...

Jenny Yu, "Departure Tax for Small Trusts", Canadian Tax Focus, Vol. 7, No. 1, February 2017, p. 8-- summary under Subsection 220(4.51) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(4.51) No relief from security requirement for small trusts/emigration under s. 94(5) (p. 8) When an individual ceases to be a resident of Canada and has a deemed disposition of certain property…[s]ecurity is automatically considered to be posted for essentially the first $16,500 ($50,000 × 33%) of federal tax (subsection 220(4.51)). However, as the CRA has confirmed (2015-0608051E5 …), this deemed-security rule does not apply to trusts that cease to have a Canadian residence and have a corresponding departure tax.... ...

. … In EarthFirst Canada Inc. (Re), [f.n. 103 2009 ABQB 316]… the court confirmed… in Merit Energy. … On the basis of these authorities and the amended CCAA, it appears that any FTS holders' claims that arise pursuant to an indemnity provided by a PBC in an FTS subscription agreement will be treated as equity for CCAA purposes. ...

[fn 54: … 2002-0128955]… In our view, [this] interpretation is incorrect when the transferor already owns shares of the corporation at the time of the transfer because subsection 84(7) would deem the dividend to be payable and, through such prior share ownership, the transferor would clearly be a shareholder of the corporation. … [2006-0183851E5] found that such a deemed dividend may properly be the subject of an election under subsection 83(2), provided that the recipient of the deemed dividend under section 84.1 owns shares of any class of shares of the capital stock of the payer corporation immediately before the dividend is deemed to be paid or payable. ...

. … [C]onsider a corporation resident in Canada (Canco) that has a 5 percent interest in a general partnership. ... As a result, the FAPI of Forco must be included in the income of the partnership, and 5 percent of such FAPI must be allocated to Canco. … ...

Kandev, "Foreign Affiliate Issues in Troubled Times", International Tax (Wolters Kluwer CCH), No. 112, June 2020, p. 1-- summary under Paragraph 5907(2)(f) Summary Under Tax Topics- Income Tax Regulations- Regulation 5907- Subsection 5907(2)- Paragraph 5907(2)(f) Questionable CRA position that forgiveness does not increase surplus (p. 4) 2002-0165195 … provides that the "exempt earnings" or "taxable earnings" would not pick up forgiveness of a commercial debt obligation that did not relate to FAPI and that 5907(2)(/) would not be available, thus resulting in such income not being included in the exempt or taxable surplus of the FA debtor. … [T]his position is questionable given Regulation 5907(2)(f) and the definition of "earnings" in Regulation 5907 and may give rise to double taxation. ...

", Canadian Tax Journal (2021) 69:2, 595- 627-- summary under Subsection 90(3) Summary Under Tax Topics- Income Tax Act- Section 90- Subsection 90(3) Tertium quid distributions under foreign corporate law (p. 602) Not all foreign affiliate distributions fit neatly into the categories of a dividend or a return of paid-up capital – it is often the case that a distribution is characterized as a return of “paid-in capital” (PIC), e.g., contributed surplus, share premium, or additional PIC. Two-step approach to determining whether QROC election available (p. 603) Since the s. 90(2) election is available only to a resident corporation, the QROC election was also introduced to permit a non-corporate taxpayer, such as an individual or a partnership, to achieve a similar result respecting a distribution that is considered to be a reduction of PUC under the two-step characterization approach (see 2011-0427001C6) – although Canadian corporations can also make the QROC election. ...

EY, "Proposed EIFEL rules", Tax Alert 2022 No. 13, 9 March 2022-- summary under Paragraph (a) Summary Under Tax Topics- Income Tax Act- Section 18.2- Subsection 18.2(1)- Adjusted Taxable Income- B- Paragraph (a) Interest that is expressly permitted to be capitalized to resource pools is not added back (p. 4) Variable B adds back a number of amounts so as to reverse [their] impact on the taxpayer’s ATI …. ... Problems may also arise with respect to the manner in which the add-backs address components of other-year losses deducted in the current year — in particular, in that they may not properly address losses attributable to CCA. ...

Examples … are IFR [and] foreign income covered by tax credits claimed under subsection 126(1) and (2) …. ...

Similarly, he states (at p. 450) that "the discussion draft gives the appearance — perhaps unintended — of acquiescing in the notion that when one related entity exercises control and another performs the actual intangibles-creating activities, the presumptively most reliable transfer pricing method under the arm's-length principles is for the party exercising control to retain the residual right to income from the resulting IP," and makes the following suggestion (also at p. 450): If the arm's-length principle is to be applied properly, the relative contributions of those managing and those implementing intangibles-creating activities need to be determined so that an arm's-length division of income between the two can be determined. The best indicator of that arm's-length division of income normally will be the relative values that the multinational group itself places on the managers and on the implementers — that is, the relative values of their compensation. ...