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Jim Samuel, Byron Beswick, "Selected Issues in Transactions Involving Debt", 2019 Conference Report (Canadian Tax Foundation), 18:1 – 27-- summary under Subsection 39(2) Summary Under Tax Topics- Income Tax Act- Section 39- Subsection 39(2) Whether specific tracing or blended aggregate approach should be applied in determining s. 39(2) gain or loss on FX debt partial repayments (p. 18:19) Aside from indicating the exchange rate(s) to be used, subsection 261(2) does not specify which particular advance or draw on an indebtedness is considered to be repaid for the purposes of determining the amount of any foreign exchange gain or loss that arises under subsection 39(2). Depending on whether one uses a specific linking or tracing approach, or whether one uses the pragmatic and probably more common approach of determining the unpaid balance in Canadian currency on the basis of a buildup of the applicable relevant spot rates for historical transactions, the partial repayment of a foreign-currency-denominated indebtedness could potentially yield a significantly different foreign exchange result to the debtor. … It does not appear that the CRA has publicly commented on whether a specific tracing or blended aggregate approach is acceptable for the purposes of determining a gain or loss under subsection 39(2). ...

Raj Juneja, Pierre Bourgeois, "International Tax Issues That Get in the Way of Doing Business", 2019 Conference Report (Canadian Tax Foundation), 36:1 – 42-- summary under Subsection 212.3(1) Summary Under Tax Topics- Income Tax Act- Section 212.3- Subsection 212.3(1) FAD rules apply even where no debt dumping or surplus stripping involved The foreign affiliate dumping (FAD) rules were intended to target two types of transactions: debt dumping (for example, Canadian Opco borrows to acquire preferred shares of a non-resident Opco subsidiary of its non-resident parent and receives (s. 113(1)(a)) exempt dividends on those shares) (pp. 36:2-3) surplus stripping (for example, Canadian Opco, with distributable cash but whose shares have low paid-up capital (PUC), purchases (or subscribes for) such preferred shares) (pp. 36: 3-4) The principal issue with the FAD rules is that one general rule was drafted to target these two different abuses, and without any purpose test or attempt to narrow the types of investments that are caught, so that they apply where the CRIC makes an investment in an FA regardless of whether any debt dumping or surplus stripping occurs (p. 36:5). For example, they apply where the Canadian subsidiary uses cash on hand to invest in common shares of a wholly owned non-resident Opco for use in its foreign active business – even though there is no debt dumping or surplus stripping involved (p. 36:5). ...

Raj Juneja, Pierre Bourgeois, "International Tax Issues That Get in the Way of Doing Business", 2019 Conference Report (Canadian Tax Foundation), 36:1 – 42-- summary under Subsection 105(1) Summary Under Tax Topics- Income Tax Regulations- Regulation 105- Subsection 105(1) Withholding even where subcontracting by NR to Cdn subs A non-resident commonly contracts to provide services to a Canadian resident, and subcontracts the performance of any services that are required to be provided from within Canada to Canadian subsidiaries. ... (p. 36: 11) Allocation difficulties where bundled contracts A commercial contract may provide for a bundle of goods and services – for example, a Canadian business that is operating on-premises enterprise-resource-planning software and pays a flat monthly licence fee under a contract that includes a warranty, where a service provider may be required to deploy personnel to the Canadian business to provide support services. ...

Xiao, "The 88(1)(d) Bump – An Update", 2013 Conference Report (Canadian Tax Foundation), pp.13:1-60-- summary under Subparagraph 88(1)(c)(vi) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1)- Paragraph 88(1)(c)- Subparagraph 88(1)(c)(vi) Sequencing of steps (p. 13:35) The steps set out in the plan generally include the repayment of historic Target debt, the cash-out or rollover of Target options and warrants, and the exercise of dissent rights….all of the foregoing actions are typically structured to occur prior to transfer of Target shares to Bidco (and the resulting acquisition of control). ... Similarly, the third party purchaser in a spin-out arrangement will also be a non-specified person. … On-sale of spun assets to further (prohibited) buyer (p.13:41-42) Consider the example where Amalco sells one of Target's divisions (Spinco) to a third party (Spinco Buyer). ... However, if Spinco Buyer sells the acquired division (or Spinco Buyer itself is sold, subject to the 10 percent attributed property safe harbour) to a fourth party as part of the series, that sale (which is two degrees removed from the actual acquisition of Target) could taint the bump if the fourth party (or its shareholders, depending on the circumstances) is a prohibited person. … This will be the case even if the transferred division was not part of the bumped property! ...

Nitikman, "More on Services PEs – What is a Connected Project?", Canadian Tax Journal, (2014) 62:2, 317-82.-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 Art. 5(3)(b) of UN model treaty (pp. 319-20) [T]he United Nations…in 1980 published a model income tax treaty that contained a provision—article 5(3)(b)—that was designed to create a PE (a "services PE")…. ... (September 11, 2008), at 123.] … [T]he report of the US Senate's foreign relations committee confirms that article V(9) was inserted to overrule (or perhaps more accurately, to render irrelevant) the decision in the Dudney case…. ... The second explanation appears to be correct. … [T]he joint committee explanation states: …[P] aragraph 9 does not apply to construction services that do not meet the requirements of paragraph 3 for permanent establishment…. ...

Esmail Bharwani, "Voluntary Disclosures", CGA Magazine, March – April, 2014, p. 48.-- summary under Subsection 220(3.1) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(3.1) Confidentiality No solicitor-client privilege exists between a client and a non-lawyer professional, so a non-lawyer remains exposed to CRA's demand to disclose any and all information shared by the client…. ... In addition, if the final disclosure letter is any different (which often happens, as many clients provide new information, or the accountant may discover previously undisclosed material) this will negate any benefit of the non-name option. … Ninety-day Time Limit The taxpayer must submit all tax returns and information to CRA within 90 days of the date intention to file was made known. ...

Jim Kahane, Uros Karadzic, Simon Létourneau-Laroche, "A Fresh Look at Retirement Compensation Arrangement: A Flexible Vehicle for Retirement Planning", Canadian Tax Journal (2013) 61:2, 479 – 502.-- summary under Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 Retirement compensation arrangement as pension (p. 493) [U]nder the model convention, payments from an RCA are likely to be considered a pension rather than income from employment. ... As a result, the tax rate on the payment of the retirement benefit would be limited to 25 percent, … This situation is, of course, possible only to the extent that the non-resident employee is a beneficiary of an RCA that is maintained primarily for the benefit of Canadian residents in respect of services rendered in Canada. ...

Cross-border Deferred Share Unit Plans – Trips and Traps", Taxation of Executive Compensation and Retirement, Federated Press, Volume 24 Number 01 July/August 2012, p. 1559.-- summary under Paragraph 6801(d) Summary Under Tax Topics- Income Tax Regulations- Regulation 6801- Paragraph 6801(d) Wider distribution events under Code 409A (p. 1560) One of the key requirements of Regulation 6801(d) is that payment in respect of the DSUs not be made until after the time of the employee's "death or retirement from, or loss of, the office or employment" (each, a "Payment Event") and that all such payments be received by the employee before the end of the calendar year following the year in which a Payment Event has occurred. ... " … ...

Xiao, "The 88(1)(d) Bump – An Update", 2013 Conference Report (Canadian Tax Foundation), pp.13:1-60-- summary under Subsection 212.3(9) Summary Under Tax Topics- Income Tax Act- Section 212.3- Subsection 212.3(9) Difficulty in distributing out of a s. 212.3(10)(f) target as a loan repayment rather than PUC distribution (pp. 13:44-45) Assume that the final home of FA1 is under Foreign Sub. Rather than have Amalco distribute the shares of FA1 to Foreign Parent as a post-bump return of capital, it may be more efficient to have Amalco distribute the FA1 shares directly to Foreign Sub. … A direct distribution can often be easily achieved by having Foreign Sub make a pre-closing loan to Bidco, with a principal amount equal to the fair market value of FA1. ...

Xiao, "The 88(1)(d) Bump – An Update", 2013 Conference Report (Canadian Tax Foundation), pp.13:1-60-- summary under Clause 88(1)(c.2)(iii)(A.2) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1)- Paragraph 88(1)(c.2)- Subparagraph 88(1)(c.2)(iii)- Clause 88(1)(c.2)(iii)(A.2) Remedying under s. 88(1)(d)(c.2)(iii)(A.2) of pre-winding-up agreement for sale of bumped shares [P]rior to the [s. 88(1)(d)(c.2)(iii)(A.2)] amendment, subsidiaries of Target were considered to be specified shareholders of Target whenever Target had a controlling shareholder. ... Prior to the entering into the purchase agreement, Pco will not be a specified shareholder of Subco. … The issue in this situation is that Pco's right to acquire the shares of Sellco results in Pco becoming a specified shareholder of Subco, even though Pco does not have any direct or indirect interest in the shares of Subco, Holdco or Bidco….As Pco and Holdco would be related to the same corporation (Sellco), they would be deemed by subsection 251(3) to be related to each other. ...