Search - 三河市 市委书记 现任

Then, section 247(2.1)(b) would adjust the interest … for all relevant purposes Facts of Example 2 in Finance Notes (p. 703) Example 2 considers the interaction between sections 247 and 17 ITA with a scenario in which a corporation resident in Canada has a C $100 loan receivable from a non-arm’s-length non-resident corporation that is not a controlled foreign affiliate of the Canadian corporation. ... Anomalous application of s. 247(2.1) where arm’s length purchase price by Canco exceeds the property’s FMV (p.704) Consider a Canadian corporation that acquires property from a foreign parent at the cost of C $100 when its FMV within the meaning of section 69(1) ITA is C $95, and its arm’s-length price within the meaning of section 247 is only C $90. … And what are results if the FMV is C $100 but the arm’s-length price is C $105? ... When the third step in section 247(2.1) is applied, the C $105 price is subject to section 69(1), which would seem to reduce the price for tax purposes to C $100 — which is not the true arm’s-length price. ...

PL 111-152 § 1402, 03/30/2010.] …The tax is calculated as 3.8% of a U.S. person's net investment income [Note 4: IRC § 1411(a)(1)] to the extent the person's modified adjusted gross income is above the following thresholds [not reproduced].... ... [Note 38: ITA subsection 126(7) "non-business income tax" – paragraph (d).] ... [Note 49: Meyer, 2004 DTC 2393 (T.C.C. – Informal Procedure)] Furthermore, where a U.S. citizen is taxable but an NRA would not be on the same type of income, Canada is not required to provide an FTC. ...

. … S. 247 does not contemplate the OECD “accurate delineation” approach (pp. 21:13-14) [T]he 2017 guidelines permit the recharacterization of transactions on the basis of economic substance using the concept of accurate delineation. ... (p. 21:20) [T]he accurate-delineation approach under the 2017 guidelines … can be used, among other things, to characterize or recharacterize a transaction into an entirely different transaction with different tax consequences in a normal (as opposed to an exceptional) circumstance. These concerns are particularly acute in regard to controlled transactions between Canada and … the United States …. ...

On the liquidation of CFA 2, CFA 2's shares in CFA 3 are deemed to be disposed of for proceeds equal to $200 (paragraph 88(3)(1)). without a subsection 88(3.3) election, Canco 1 would realize a gain of $100 – proceeds of $200 less ACB of $100 (paragraph 88(3)(d)). ... This would fall afoul of paragraph 88(3.4)(b) and cause Canco 1 to realize a gain of $99 (proceeds of $200 – ACB of $101) rather than the desired deferral. ...

This problem is exacerbated by subsection 90(2), which deems all distributions – whether they are legally dividends or returns of PUC – to be dividends for the purposes of the Act. ...

Durst, "OECD's Fight Against Income Shifting- and for Its Global Role", Viewpoints, Tax Notes International, 3 December 2012, p. 933-- summary under Article 9 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 9 In a further discussion of the OECD Discussion Draft on Transfer Pricing for Intangibles, he notes (at p. 935) that "transfer pricing rules — like the U.S. cost-sharing regulations — that permit the shifting of income-generating opportunities to affiliates based on the mere transfer of cash allow for the evisceration of a country's tax base through income shifting" (which he earlier referred to as amounting in the case of the US to perhaps $1.7 trillion) and refers to the fallacy that "transfers of intangibles between affiliates do not facilitate tax avoidance as long as the purchaser pays fair market value. ...

[fn 115: … 9703535…] Accordingly, no deduction will be available under paragraph 113(l)(b) in respect of distributions paid out of the LLC's taxable surplus. ... [fn 116: … 9703535…9821495… 2013-0480321C6 [above]…] …[A] timing issue remains in this latter context if the LLC is a controlled foreign affiliate and is not able to distribute all of its income each year, as the applicable share of the LLC's FAPI will be required to be included in the member's income in the taxation year in which it is received, without an offsetting deduction for FAT. ...

Specifically, the Federal Court of Appeal in Transalta … cited with approval the reasonableness standard set out in Gabco … […68 DTC 5210.] ...

It is not clear whether this new view applies to a taxpayer that elected to have regulation 5901(2)(b) – and thus subsection 90(2) – apply retroactively for a distribution after December 20, 2002. ...

LLLP and LLP characteristics basically reflect those of an LP, except that the general LLLP or LLP partner also has limited liability exposure: the liability of a general partner and of a limited partner involved in the business's control is limited to the amount of the partner's capital investment in the partnership – unless the liability resulted from the partner's malfeasance. A Florida LP can become an LLLP simply be filing a short form and paying a small fee. … An LLLP and LLP offer liability protection similar to that of a traditional limited partnership that uses a shell corporation to hold a nominal general partnership interest. ...