Search - 制暴无限杀机 下载

25 September 2003 Internal T.I. 2003-0032837 F- Market Maker: Reserve Account for Losses-- summary under Paragraph 153(1)(a) Summary Under Tax Topics- Income Tax Act- Section 153- Subsection 153(1)- Paragraph 153(1)(a) payment of deferred commission amounts held as contingency loss reserve from old employer to new employer was a payment of “remuneration” subject to withholding A firm (ABC), that employed market makers on a commission basis, maintained a separate account for each employee into which a portion of the commissions earned by the employee was retained and held in an account (named, a contingency loss reserve account) until a certain limit was reached and was to be used to cover any losses resulting from the employee's transactions, and with the employee having access to the account on leaving the employment – except that where the employee moved employment to another member firm of the same clearinghouse ABC may, at the request of and for the benefit of the employee, transfer the funds accumulated in its reserve account to another similar account administered by the new employer. ... Furthermore … this payment is made to the employee by ABC, even if the employee does not receive it directly. … The employee chooses to direct the payment to the new employer's reserve account for the employee’s benefit, rather than personally collecting the funds. ...

CCo was liquidated into BCo in a designated liquidation and dissolution (“DLAD”) occurring on a rollover basis under s. 95(2)(e), so that BCo acquired all of CCo’s Class B shares of FCo. 2017-0735771I7 concluded that the liquidation of CCo into BCo did not result in the Suspended Loss becoming available, as such liquidation was a “merger” under s. 40(3.5)(c)(i) – so that BCo was deemed to own the shares of CCo as long as BCo and ACo were affiliated and the presumption that the Suspended Loss was deemed to be nil applied over that period. ... CRA responded: … BCo is deemed to own the shares of CCo while it is affiliated with ACo (i.e., the transferor). Upon the completion of the liquidation of BCo, it would no longer be affiliated with ACo. … Pursuant to subparagraph 40(3.4)(b)(i), the Suspended Loss will be deemed to be a capital loss of ACo immediately after the completion of the liquidation of BCo. ...

In 2017-0735771I7, Headquarters considered that such loss was suspended on the basis that, for purposes of s. 40(3.5)(c)(i), Bco was a corporation “formed” on the “merger” of CCo with BCo – with the result that BCo was deemed to continue to own the shares of CCo with which it was affiliated, notwithstanding that CCo had, in fact, ceased to exist. ... Headquarters, in this Interpretation, clarified that such winding-up of BCo could be a “designated liquidation and dissolution” described in s. 95(2)(e) – in which event, s. 95(2)(e)(v)(A)(III) would deem DCo to be a continuation of BCo for s. 40(3.5)(c) purposes respecting shares that were deemed under that paragraph to be owned by BCo before the DLAD (i.e., respecting its deemed continued ownership of the CCo shares) – so that the loss on the CCo shares continued to be suspended. ...

. … Whether a particular debt obligation, such as a line of credit, a demand loan or a forgivable loan, is secured by a mortgage or hypothec on the qualifying property is a question of fact and law …. [A]lthough interest paid on a debt obligation (such as a line of credit, a demand loan or a forgivable loan) secured by a mortgage or hypothec on a qualifying property may be considered qualifying rent expense, if it has no amortization period, the principal amount of the debt obligation would not be included in the LTPA Limit described in clause (b)(i)(A) …. ...

.) – or pays an allowance based on a kilometric rate for use of their private vehicles, as well as a meal allowance upon presentation of receipts. Before concluding that the reimbursements were not includible pursuant to s. 6(1)(a), CRA stated: [T]ravel between an employee's residence and a place of work other than a regular place of work is generally considered to be in the performance of the duties of the office or employment. … Generally speaking, a regular place of work is any place to or from which an employee regularly reports or performs the duties of the employee’s employment. … [Here] the place of work designated in the employment contract is not a regular place of work for the new employees. ...

The Directorate indicated that such a request could be granted since it would have no impact on the tax payable for the particular year, but “emphasize[d] … that there is nothing in the Act that compels the Minister to automatically accept such requests.” However, the Directorate noted that if the amendment request was accepted, the accrued interest would be eliminated, stating: Pursuant to subsection 161(1), interest is computed when there is an excess of tax payable over the tax paid on account of tax payable by a taxpayer. … [Here] the acceptance of the taxpayer’s request to recharacterize part of the income it previously reported in its tax return would result in the Minister acknowledging that the income was of capital nature from the moment it was earned rather than business income. … [H]ad the taxpayer filed its initial tax return on that basis, the tax payable would be nil and a notification of no tax payable would be issued. ...

12 October 2010 Internal T.I. 2010-0355761I7 F- PCMC- Dépense courante ou en capital-- summary under Subparagraph (b)(i) Summary Under Tax Topics- Income Tax Regulations- Regulation 1106- Subsection 1106(1)- Excluded Production- Paragraph (b)- Subparagraph (b)(i) dealing with a currents topic does not render a program a news program Regarding the meaning of "news programming," CRA stated: [A] production dealing with a current events topic is not necessarily a news program and … a production dealing with a current events topic could, in certain circumstances, qualify for the CFVP tax credit …. ...

8 January 2008 Internal T.I. 2007-0254881I7 F- Amortissement d'une aire de camping-- summary under Class 6 Summary Under Tax Topics- Income Tax Regulations- Schedules- Schedule II- Class 6 swimming pool is a water storage tank Regarding the classification of a swimming pools in a campground, the Directorate stated: As for swimming pools that may be found at campgrounds, we are of the view that they are depreciable property included in Class 6(e) …. ... M.N.R. 56 DTC 537 (I.T.B.A.)- … conclude[d] that a swimming pool in a hotel complex was a water storage tank for the purposes of Class 6(e). ...

9 August 2002 Internal T.I. 2002-0145817 F- TAUX DE DEDUCTION- PTPE- ANNEE 2000-- summary under Paragraph 38(c) Summary Under Tax Topics- Income Tax Act- Section 38- Paragraph 38(c) BIL realized under s. 50 at end of year (2000) so that ½ an ABIL An allowable business investment loss was recognized by an individual in an amount equal to ½ the business investment loss (BIL) realized by the individual in 2000 given that such loss arose from a deemed disposition pursuant to s. 50(1) which, therefore, was deemed to have occurred on December 31, 2000. ...

3 April 2019 Internal T.I. 2018-0787561I7- Partnership and the Meaning of "Related"-- summary under Paragraph 251.2(2)(a) Summary Under Tax Topics- Income Tax Act- Section 251.2- Subsection 251.2(2)- Paragraph 251.2(2)(a) partnership agreement illuminates which partners control a corporation held by the partnership In the course of a routine response, CRA noted its position that “when a partnership owns shares in a corporation … [t]he partnership agreement and the equity interest of the members must be examined to determine which member(s) of the partnership can exercise voting rights in respect of the shares of the corporation. In the case of a limited partnership … it is usually the general partner that can exercise these rights.” 2000-0038055 F and 2013-0484031E5 are similar. ...