Search - 包建铎违纪违法案件以案促改以案促治专题组织生活会 个人对照检查

14 January 2010 Internal T.I. 2009-0323991I7 F- Débenture échangeable et opération à terme-- summary under Paragraph 20(1)(f) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(f) only ½ deduction under s. 20(1)(f)(ii) for premium paid on cash-settling an exchangeable debenture under pre-2010 policy, and no s. 20(1)(f) deduction for cash settlement of forward A predecessor of the taxpayer had issued an exchangeable debenture exchangeable into share of a corporation (“Corporation 2”) of which the taxpayer was one of the shareholders. ...

To the extent that these entities are related … subsection 96(2.2)(c) would not be applicable for the purpose of reducing Canco's at-risk amount to the extent that the various borrowings have a legitimate business purpose and are not related to the acquisition of Canco's interest in USLP. ...

After noting that, in light of s. 249.1(3), this entailed a request for an amendment retroactive to the end of the previous fiscal year ending February 27, 2007, the Directorate stated: In general, a request for a change of fiscal year will be approved if it can be shown that the request is motivated solely by valid business reasons ….. ...

. … Since the PAFU is primarily intended to meet the needs of people affected by an emergency situation, we believe that the financial assistance that will be paid by the MESS in the form of a lump sum to cover living expenses and/or specific costs will be paid after a review of needs by the MESS, without the MESS conducting a means or income test for people affected by an emergency situation. ...

Consequently, there is no provision in provincial legislation affecting Part IA corporations … for the power of the majority shareholder to control the election of the board of directors to be limited or altered by means of a USA. ...

After stating that although “a director is generally considered to hold office, this is not the case for a director who works for a company solely on a voluntary basis,” which references the situation where “individuals who work on a volunteer basis receive no remuneration or at most minimal remuneration for services rendered on a volunteer basis” – with remuneration considered minimal where the remuneration paid to the individual is “significantly less than that which would have been paid to an employee or self-employed person rendering similar services,” so that “it is unlikely that minimal remuneration is sufficient to secure the volunteer's services.” ...

After noting that s. 248(36), unlike s. 248(35), refers only to the cost or adjusted cost base of property – and not to the adjusted cost basis of a life insurance policy- CRA stated that the adjusted cost basis: of an interest in a life insurance policy, as defined in subsection 148(9), is generally a reasonable proxy for the "cost" of an interest in a life insurance policy for purposes of subsection 248(36). ...

4 February 2009 External T.I. 2008-0292771E5 F- Régime de congé à traitement différé-- summary under Paragraph 6801(a) Summary Under Tax Topics- Income Tax Regulations- Regulation 6801- Paragraph 6801(a) plan failed to provide: withdrawal must be in employer’s discretion; maximum deferral period of 6 years; a deferral period must precede leave; return to work required In the course of providing a detailed discussion (similar to that in 2016-0643191E5 F) of the DSLP rules in relation to a copy of a plan that had been submitted to it, the Directorate made various comments on perceived deficiencies in the terms, including that: the “plan should … be amended to provide that early withdrawal from the plan may only take place in specific circumstances set out in the plan and subject to the employer's discretion” the plan should be amended to clarity that the “deferral period does not exceed six years and all amounts held under the DSLP are paid to the employee by the end of the first taxation year commencing after the deferral period” the “plan provides that an executive on leave without pay, disability or parental leave may participate in the plan, but the leave cannot begin until the date of return to work. ...

If the Childcos were otherwise deemed by s. 256(2) to be associated with each other, but Parentco made three elections under s. 256(2)(b)(ii) not to be associated with each Childco, would the Childcos be associated corporations for s. 125 purposes – and, if so, would the taxable capital of Parentco and the other Childcos be taken into account in calculating the reduction in the business limit of a particular Childco under s. 125(5.1)? ...

In the scenario you presented, the non-resident corporate partner may, when calculating its Allowance … “look through” Partnership A to take into consideration Partnership B’s properties. ...