Search - 制暴无限杀机 下载

. … Moreover, the Tribunals looked to the substantive matters rather than theoretical factors, such as causative link and governing law, and so applied a practical approach. ...

(f) of the ECP definition for “the cost of … a right to acquire [a share]” did not apply given that “the word ‘cost’ contemplates an acquisition of an asset or other property” (para. 103), whereas “when a stock option is surrendered to the issuing corporation, the rights represented by that option [instead] are extinguished” (para. 122). ...

(f) of the ECP definition for “the cost of … a right to acquire [a share]” did not apply given that “the word ‘cost’ contemplates an acquisition of an asset or other property” (para. 103), whereas “when a stock option is surrendered to the issuing corporation, the rights represented by that option [instead] are extinguished” (para. 122). ...

Agence du revenu du Québec, 2018 QCCQ 5692, aff'd 2020 QCCA 1496-- summary under Subsection 245(4) Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(4) no abuse where individuals used PUC thrust upon them by an arm’s length investor (through PUC averaging) to subsequently strip surplus When the taxpayers’ corporation (“Opco”), a small business corporation, was in financial difficulty, a Quebec regional development fund agreed to inject equity capital in Opco on terms dictated by the fund – which entailed the fund investing in the common shares of Opco, so that the paid-up capital of the taxpayers’ shares was stepped-up from a nominal amount to $1.45 million (as a result of the aggregate class PUC being averaged on a per share basis). ...

In rejecting a Crown submission that the taxpayer was precluded from submitting that it was a s. 2(c) bank or used the equivalent of more than five full time employees, C Miller J stated (at para. 184) that the purpose of the s. 165(1.11) rule is that “the Minister knows the nature of the dispute and the quantum of tax at issue” (para. 184), that the Crown was requiring him to “look into the minutia of what is meant by a reasonable description of an issue” (para. 187), that the Crown “knew full well that there would be considerable evidence as to what GBL did … which encompasses activities that might constitute the provision of financial services (part of the Bank Act, subsection (2(c)) definition” (para. 190) and that “whether there was the equivalent of five full-time employees is subsumed into the employee issue generally” (para. 190). ...

Such an interpretation would clearly undermine the intent of the Parliament …. ...

., 2018 FCA 166-- summary under Subsection 103(1) Summary Under Tax Topics- Income Tax Act- 101-110- Section 103- Subsection 103(1) s. 103(1) likely applies to the allocation of most of the partnership profits at year end to a lossco that never had significant economic interest or risk in the partnership business Income account treatment of the profits realized by a condo-project limited partnership was avoided by the corporate partners (the Partnercos) of the partnership paying safe income dividends (out of the realized but unallocated condo profits) to their respective Holdco shareholders through the payment of stock dividends of preferred shares followed by a redemption of those preferred shares – in turn, followed by a sale by the Holdcos of the Partnercos to a public company with substantial resource pools (Nuinsco). ...

In finding that the Report was not protected by solicitor-client privilege, Southcott J stated (at paras 54-55): … I find that its dominant purpose when commissioned and generated was to inform the decision whether to proceed with the transaction and at what price. ...

The children … were declared as dependents of Mr. Rousseau for all the taxation years under litigation. ...

After finding that the value-shift transactions entailed an avoidance transaction given that their professed estate-freezing purpose could have been accomplished more conventionally (utilizing a s. 85(1) or 86(1) rollover), Noël CJ went on to find that they were an abuse of the basic capital gains provisions (ss. 38(b), 39(1)(b) and 40(1)(b)), stating (at para. 56, TaxInterpretations translation): [I]t is possible for the object and spirit of provisions in issue to have a larger rationale that that which emerges on a reading based on the words (See … Triad Gestco, paragraph 51). ...