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Duff, "Tax Treaty Abuse and the Principal Purpose Test – Part 2", Canadian Tax Journal, (2018) 66:4, 947-1011-- summary under Article 7(4) Summary Under Tax Topics- Treaties- Multilateral Instrument- Article 7- Article 7(4) Limited adoption and poor drafting of remedial benefits rule [T]he MLI contains a remedial benefits rule … [fn 277 Article 7(4) ….] Of the 84 jurisdictions that had signed the MLI as of September 18, 2018, however, only 28 (not including Canada) indicated that they would adopt this provision. … Although this provision allows for the possibility of remedial benefits, it is poorly drafted since it limits these benefits to those that would have been granted to the same person ("that person") in the absence of the transaction or arrangement. ...

Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114-- summary under Paragraph 95(2)(y) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(2)- Paragraph 95(2)(y) S. 95(2)(y) does not preclude FA also being FA of partnership (p. 20:61) The CRA has confirmed that the attribution of share ownership from the partnership to its members for FA and QIFA purposes does not prevent the partnership sub from also being an FA and QIFA [FA with a qualifying interest] of the partnership, where the partnership is the relevant taxpayer. [fn 182: … 2011-0415911E5 ….] ...

This rule [applies] … whether such income is passive in nature or constitutes business income. … If a non-resident corporation earning passive rental income were to make an election under subsection 216(1), the rental income would become subject to federal income tax under part I as though the non-resident corporation were a resident of Canada. ... Since the aforementioned federal abatement under subsection 124(1) of the Act is not available, the result is that the non-resident corporation is subject to a 36.6 percent tax rate. … [W]here a non-resident disposes of real estate situated in Quebec, which constitutes “taxable Quebec property” (TQP) (as defined in section 1094 of the QTA) as well as “taxable Canadian property” … the absence of an equivalent provision to section 12(2) of the QTA in the Income Tax Regulations results in a certain degree of double taxation …. ... Where the operating company is a Canadian-resident corporation and a wholly owned subsidiary of the non-resident investor, the terms and conditions of the head lease will need to respect the arm’s-length principle …. ...

The Queen – A Bridge Too FAAAR", International Tax Planning, Volume XIX, No. 1, 2013, p. 1284-- summary under Paragraph 95(6)(b) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(6)- Paragraph 95(6)(b) Essentially an indirect loan (p.1284) [I]n essence, the decision involves the potential application of paragraph 95(6)(b) to a taxpayer's acquisition of the shares of a non-resident corporation as part of what is commonly referred to as an "indirect loan" financing arrangement…. ... This would mean that, as Bonner J. put it in Canadian Pacific, the word "primarily" is intended to preserve the right of the taxpayer to structure a business driven transaction in a tax-effective manner, not to test whether it was structured in a tax-efficient manner primarily in order to obtain a tax benefit – which of course would generally be the case. ... Paragraph 95(6)(b) does not provided for any distinction – and none should be read in – between a Finco owning taxpayer that is part of a Canadian multinational group rather than a foreign multinational group. ...

Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114-- summary under Section 96 Summary Under Tax Topics- Income Tax Act- Section 96 Substantive attributes of a partnership (p. 20:6) [T]he court’s reasoning in Memec supports an approach to entity classification for tax purposes that determines the essential attributes of an arrangement by reference to the substantive rights and obligations of the parties, and not merely by the existence, or lack thereof, of separate legal personality. … The members of a partnership, owing to its contractual nature, (1) have a proprietary interest in property held in partnership (although they have no direct ownership interest in such property), (2) are agents for each other (with the ability to legally bind each other), and (3) generally have unlimited liability for the liabilities of the partnership, unless registration is made to provide for limited liability. ... Dreyfus … (1929), 14 TC 560 (CA).] ...

Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114-- summary under Subsection 104(1) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(1) Quaere whether beneficiary is beneficial owner (pp. 20:7-8) Some commentators argue that a beneficiary of a trust is the beneficial owner of trust property, while others consider a beneficiary to have only a personal right to compel the trustee to administer a trust pursuant to the terms of the trust agreement. [fn 30: … (2003) Canadian Tax Journal 311-54 … 401-53] [T]here will be a bare trust where the trustee—in all dealings relating to the trust property—has no discretion and is subject to the control of another person. ...

.-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission ...

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Michel Ranger, Rhonda Rudick, "Federal and Provincial Tax Considerations Relating to Non-Resident Investment in Canadian Real Estate", 2019 Conference Report (Canadian Tax Foundation), 32:1 – 39-- summary under Regulation 805 Summary Under Tax Topics- Income Tax Regulations- Regulation 805 Factual distinction between business and property income for corporation (p. 32:4) In the case of a corporation whose sole activity is the ownership of such property, there is a presumption that a corporation is formed for the purpose of carrying on business; accordingly, where the corporation has only one activity or investment—regardless of its nature—the corporation may be held to be carrying on a business in respect of such single activity or investment. ... The Queen, 85 DTC 5287 (FCTD) …. See also Matlas SA v. The Queen, 94 DTC 1586 (TCC) and Canadian Marconi v. ... [Footnote 18 See IT-420R3 … at paragraph 12 and IT-434R … at paragraphs 2-7.] ...

Hersh Joshi, Jack Silverson, "Understanding and Doing Business with Tax-Exempt Entities", 2018 Conference Report (Canadian Tax Foundation), 29:1 – 35-- summary under Paragraph 8502(i) Summary Under Tax Topics- Income Tax Regulations- Regulation 8502- Paragraph 8502(i) Potential for deemed loan JV provisions to constitute borrowing ((p. 29-4) Many joint venture agreements contain a clause providing that if one of the parties (“the defaulting party”) to the agreement defaults on certain financial obligations, the other party (“the non-defaulting party”) may satisfy such a financial obligation on the defaulting party’s behalf. … If the pension plan is subject to one of these deemed loans, then—notwithstanding the fact that the pension plan has not actually been advanced any funds—the deemed loan could still be viewed as a borrowing for the purposes of regulation 8502(i). … Hotel or ALF income not from property (p. 29-5) [I]t must be ensured that any borrowing by a joint venture that includes a pension plan is used to acquire real property that produces rental income, not real property that produces income from the provision of services or income from a business, such as a hotel or an assisted-living centre. ...