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The CRA had taken the position that this paragraph could apply to a beneficiary of a trust unless, under the terms of the trust agreement, the beneficiary could never obtain ownership of the shares or control the voting rights attached to the shares [fn. 116: … 2007-0246721E5]. … Lyrtech RD Inc. … concluded, in obiter dicta, that a beneficiary's interest in a discretionary trust does not lie within the scope of paragraph 251(5)(b). ...

Jack Silverson, Matias Milet, Christopher Anderson, Andrew Spiro, "Canada’s Reportable Transaction Rules: A Measured Approach to Adviser Reporting", Tax Notes International, Vol. 111, No. 29, July 15, 2023-- summary under Subparagraph 237.3(2)(c)(ii) Summary Under Tax Topics- Income Tax Act- Section 237.3- Subsection 237.3(2)- Paragraph 237.2(3)(c)- Subparagraph 237.3(2)(c)(ii) expanded reportable transaction rules should not impose reporting obligations on lawyers who negotiate contractual protection for a conventional fee Under the revised reportable transaction rules, is a lawyer who assisted in negotiating contractual terms providing for contractual protection as contemplated by the contractual protection hallmark in s. 237.3(1) – reportable transaction – (c) and who charged a fee for such legal work obligated to report on the basis that the hours-based fee “is a fee … in respect of any … transaction … that is in respect of contractual protection,” as set out in s. s. 237.3(2)(c)(ii)? ... It would be inappropriate to give the phrase “in respect of” its widest possible meaning (which Nowegijick described as “words of the widest possible scope”) and, instead (having regard to this phrase having been interpreted more narrowly in other cases to accord with the context and purposes of the applicable provisions – see, e.g., Sarvanis, 2002 SCC 28, and Weyerhaeuser), a narrower interpretation of s. 237.3(2)(c)(ii), according with the context and purpose of the reportable transaction rules, is required. ...

Alexander Demner, Nicholas McIsaac, "Freezes and Refreezes: Opportunities and Risks in the Era of Self-Isolation", COVID-19 and Canadian Tax for the Owner-Manager/Canadian Tax Focus (Canadian Tax Foundation), July 2020, p. 5-- summary under Subsection 74.4(3) Summary Under Tax Topics- Income Tax Act- Section 74.4- Subsection 74.4(3) Technical feasibility of refreeze (p. 6) [T]he CRA has confirmed that no benefit is conferred on a corporation's common shareholders where the post-freeze decline in value was not caused by intentionally stripping the corporation's assets (… 2010-0362321C6 …). Potential application of s. 74.4(2) on initial freeze (p.6) The corporate attribution rule … may apply if an individual transfers property to a corporation and one of the main purposes of the transfer is to reduce the individual's income and benefit a "designated person" … in respect of the individual. … Continued application of s. 74.4(2) following refreeze (and redemption of refreeze prefs) (p.7) [A]n individual freezor subject to the corporate attribution rule—knowingly or otherwise—who undertakes a refreeze transaction may continue to be subject to a deemed interest benefit calculated by reference to the value of the assets transferred to the corporation on the initial freeze. ...

. … [A] bank has two subsidiaries: a fund manager, and a trust company. ... However, we also believe that these cases are not relevant to the question whether subsection 104(1) embodies a trust in its trustee for the purpose of determining relatedness. … The CRA is of the view that subsection 104(1) applies, and therefore a trust is related to each person related to the trustee of the trust [fn 103: … S1-F5-C1 … 1.49]. ... If the trustee is a corporation, merely deeming the trust to be an individual does not go far enough …. ...

Avoidance of pro rata recognition of FAPI where s. 95(12) election (p. 1226) The … section 95(10) ITA … rule simply wipes out the avoidance of attribution and — using the rules in sections 91(1) and 95(1) ITA and section 5904 of the ITR — attributes FAPI in proportion to the overall dividend entitlement in the deemed CFA. ... Then, the rules attribute the FAPI of that deemed separate corporation to the relevant shareholders if — applying the rules in section 93.2 ITA — that separate corporation is a CFA of the electing party…. ... If Canco elects the proposed section 95(11) and 95(12) ITA regime – which treats Cell A as a separate corporation entirely owned by Canco – Canco’s participating percentage is 100 percent and its section 91(1) ITA attribution will be 100 percent of $2,000. ...

Her TFSA now has an FMV of $16,500 ($10,000 + $5,000 contribution + $6,500- $5,000) and her RRSP now has an FMV of $148,500 ($150,000 – $6,500 + $5,000). ...

Brian Kearl, Carl Deeprose, "Leaving Canada's New High Tax Rate Regime: Considerations, Tips and Traps", 2016 Conference Report (Canadian Tax Foundation),32:1-24-- summary under Paragraph 128.1(1)(d) Summary Under Tax Topics- Income Tax Act- Section 128.1- Subsection 128.1(1)- Paragraph 128.1(1)(d) General effect of the s. 128.1(1)(d)(iii) limitation (p. 32:13) [T]he emigrating individual may elect to expand the application of the deemed disposition provisions … to … Canadian real estate, Canadian resource property, Canadian timber resource property and certain property used to carry on a business in Canada.... This... is generally used to realize latent losses that may offset departure tax gains. … Effectively, any losses realized on the deemed disposition of this property may be claimed and offset only against departure tax gains. ...

Kandev, "Foreign Affiliate Issues in Troubled Times", International Tax (Wolters Kluwer CCH), No. 112, June 2020, p. 1-- summary under Subsection 248(27) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(27) Potential application of s. 248(27) to debt put to two uses (p. 3) [R]espect[ing] debt partly used for the purposes of earning FAPI and partly used for the purposes of earning active business income … [2002-0165195] … took the position that the whole amount of such debt would constitute a "commercial debt obligation" …. ...

Morphy, "The Modern Approach to Statutory Interpretation, Applied to the Section 15 Anomaly in Foreign Affiliate Financing", Canadian Tax Journal, (2013) 61:2, 367-85:-- summary under Subsection 15(2.3) Summary Under Tax Topics- Income Tax Act- Section 15- Subsection 15(2.3) Example 1 – loan to direct foreign sub (pp. 369-370) In example 1, a Canadian parent ("Canco") makes an interest-free loan ("the loan") to a wholly owned foreign subsidiary ("Forco"), which uses the loan for the purpose of earning income from an active business. ... Example 2 – loan to foreign holding company for Opco (pp. 370-371) Should the result change for the arrangement depicted in example 2, where Forco holds all of the shares of another active or inactive foreign subsidiary ("Subco") but still carries on an active business in respect of which the loan proceeds are used? ...

Second, the application of subsection 100(1) is one-sided – it provides no depreciable step-up to the partnership in the hands of the purchaser. ... There is no necessary corollary between this amount and the underlying income gains; … The Amendments … do nothing to address the inconsistent application of the provision noted above. Turning to the series of transactions language in the amended version, they stated (at p. 2128): … A taxpayer that disposes of a partnership interest to an entity other than a Prohibited Acquirer – a taxable Canadian corporation, for example – may be concerned that subsection 100(1) will ultimately apply to it if the corporation sells the interest to a Prohibited Acquirer within a relatively short time frame. ...