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Decision summary

Kennedy & Ors v. Kennedy & Ors, [2015] BTC 2, [2014] EWHC 4129 -- summary under Rectification & Rescission

Kennedy & Ors v. Kennedy & Ors, [2015] BTC 2, [2014] EWHC 4129-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission partial rescission of a trust appointment where factual mistake as to trust losses The trustees of a family trust exercised an appointment in favour of beneficiaries including the settlor of the trust (Mr Kennedy). ...
Article Summary

David M. Sherman, "GST Tidbits – Backdating of Voluntary Registrations by 30 Days", GST & HST Times, Release No. 280C – March 2013 -- summary under Subsection 240(1)

Sherman, "GST Tidbits Backdating of Voluntary Registrations by 30 Days", GST & HST Times, Release No. 280C March 2013-- summary under Subsection 240(1) Summary Under Tax Topics- Excise Tax Act- Section 240- Subsection 240(1) At CRA's annual GST/HST meeting with the Canadian Bar Association Commodity Tax section on February 23, 2012, CRA stated in Question 48: For a voluntary GST/HST registration the CRA will accept an effective date of registration that is within 30 days of the date when the registration was made, regardless of the method of registration (online, telephone, or paper). ...
Article Summary

Allan Lanthier, "Tax relief for family business transfers: A legislative fiasco – Part I / Tax relief for family business transfers: A legislative fiasco – Part II", Canadian Accountant, 8 July 2021 (Part I) and 9 July 2021 (Part II) -- summary under Paragraph 84.1(2)(e)

Allan Lanthier, "Tax relief for family business transfers: A legislative fiasco Part I / Tax relief for family business transfers: A legislative fiasco Part II", Canadian Accountant, 8 July 2021 (Part I) and 9 July 2021 (Part II)-- summary under Paragraph 84.1(2)(e) Summary Under Tax Topics- Income Tax Act- Section 84.1- Subsection 84.1(2)- Paragraph 84.1(2)(e) Overview Bill C-208 generally provides that an individual selling qualified small business shares or shares of a family farm or fishing corporation to a corporation controlled by the individual’s children or grandchildren who are at least 18 years of age will benefit from capital gains treatment rather than a s. 84.1 deemed dividend provided that such purchaser does not dispose of those shares for at least 60 months. ... Example of strip Emily transfers her shares of a small business corporation (Petco) with nominal tax basis and paid-up capital to a Newco- in which her daughter owns nominal value special voting shares giving her voting control, and Emily owns the balance of the equity in consideration for a promissory note, which is repaid over the next five years with intercorporate dividends received by Newco from Petco. ... Furthermore, the math in the formula is wrong even if it were effective, it would only eliminate the deduction at taxable capital levels of $510 million, not $15 million. ...
TCC (summary)

Mac & Mac Hydrodemolition v. The Queen, 2017 TCC 256 (Informal Procedure) -- summary under Scientific Research & Experimental Development

In denying the taxpayer’s SR&ED claims, Graham J stated (at paras 7, 8, 9 and 10): Mac & Mac’s claims do not meet the last test [in Northwest Hydraulic.] ... Mac & Mac kept a set of handwritten notes. There is simply no way that someone, even someone very experienced in the industry, could hope to replicate or confirm Mac & Mac’s results from these notes. A spreadsheet provided more detail than the notes. However, it was prepared after the fact for the purpose of supporting the SR&ED claim and still did not contain the level of detail I would have expected. As noted in Highweb & Page Group Inc. v. ...
Administrative Policy summary

GST/HST Audit and Examination Manual, 9 – Taxpayer Rights and Taxpayer Relief – 9.1.6.3 “ The right to privacy and confidentiality -- summary under Subsection 295(5)

GST/HST Audit and Examination Manual, 9 Taxpayer Rights and Taxpayer Relief 9.1.6.3 The right to privacy and confidentiality-- summary under Subsection 295(5) Summary Under Tax Topics- Excise Tax Act- Section 295- Subsection 295(5) Informal request in lieu of ATIP request When an access to information and privacy (ATIP) request is received, the Access to Information and Privacy Directorate of the Public Affairs Branch forwards the request to the appropriate party(ies) to obtain the relevant information. ... Permitted scope of informal request Some examples of information that can be released to a registrant or authorized representative under an informal request include: the T20 Report external and internal correspondence, including memoranda, appropriately severed where necessary related correspondence with Headquarters such as technical interpretation requests or opinions and referrals to specialized sections about a specific person working papers, excluding third-party information, leads, disclosure of audit techniques, and information from informants related reports from external and internal valuators, appraisers and electronic commerce audit specialists, severed versions of operations manuals available to the public Examine the documents before releasing them to ensure no confidential information about a third party is released. Prohibited disclosures Examples of information that cannot be released are: information obtained in confidence during an audit or examination that may prejudice the results of the audit or examination, such as Criminal Investigation reports, Royal Canadian Mounted Police reports, or documents obtained as part of an investigation audit techniques and specific audit guidelines information about investigations in process when a decision is pending documents of a related file under investigation confidential information about another registrant Department of Justice correspondence and information under solicitor-client privilege, including legal opinions from the Legal Services Branch (for more information, go to Disclosing legal opinions and Use of legal opinions inside the Agency) specific advice and recommendations developed by or for a government institution or minister of the Crown that may restrict the CRA's ability to administer the ETA if they are disclosed accounts of consultations and deliberations involving officials or employees of a government institution or a minister of the Crown that may reasonably be expected to cause injury or restrict the CRA's ability to administer the ETA if disclosed information released to a third party, other than specifically permitted by paragraph 295(5)(d) of the ETA or where consent is given by the registrant copyright material computer printouts from CRA computer systems. ...
Technical Interpretation - Internal summary

7 May 1995 Internal T.I. 9510220 - PART I.3, O/S CHEQUES & OVERDRAFTS -- summary under Payment & Receipt

7 May 1995 Internal T.I. 9510220- PART I.3, O/S CHEQUES & OVERDRAFTS-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt conditional payment principle accepted Bank overdrafts are considered to have arisen to the extent that they have been utilized or drawn upon. ...
Technical Interpretation - External summary

23 January 2023 External T.I. 2020-0865161E5 F - SSUC/CEWS – Sous-alinéa 125.7(4)e)(i) et personne -- summary under Payment & Receipt

23 January 2023 External T.I. 2020-0865161E5 F- SSUC/CEWS Sous-alinéa 125.7(4)e)(i) et personne-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt a cash-basis taxpayer can receive an amount when it is received through a third party When is an amount regarded as received by an eligible entity which has made an election under s. 125.7(4)(e)(i) to use the cash method in determining its qualifying revenues for CEWS purposes, where the amount is received by a third party before being paid to the eligible entity? CRA indicated that in this regard it would apply the principle in IT-433R, subpara. 3(a) that the meaning of the term "received" is broad enough to consider a taxpayer to have received an amount where it “was received by a person authorized to receive it on behalf of the taxpayer” and further stated that “a person entitled to receive an amount on behalf of a taxpayer for CEWS purposes may include a person who is entitled to receive the amount for a taxpayer by inter alia an agreement or by statute.” ...
Public Transaction Summary

Kingsett & OPB/Primaris -- summary under Unsolicited Bids

Kingsett & OPB/Primaris-- summary under Unsolicited Bids Summary Under Tax Topics- Public Transactions- Mergers & Acquisitions- REIT/Income Fund/LP Acquisitions- Unsolicited Bids KingSett/OPB joint bid for Primaris (superceded by Primaris merger with H&R) Offeror The Offeror is an Ontario LP whose LP units are owned equally by an affiliate of KingSett Capital, and OPB Trust, an associate of OPB. ...
Article Summary

Rob Kreklewetz & Stuart Clark, "Incoterms® 2020 Changes Incoming!", Millar Kreklewetz Tax & Trade Bog, 21 November 2019 -- summary under Paragraph 142(1)(a)

Rob Kreklewetz & Stuart Clark, "Incoterms® 2020 Changes Incoming! ... DAT becomes DPU Incoterms® 2020 now redefines DAT (Delivered at Terminal) as DPU (Delivered at Place Unloaded) to reflect the fact that delivery could be at any place rather than just at a terminal. Security Requirements Incoterms® 2020 also expands the terms related to obtaining security clearances for the shipment of goods. ...

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