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

Peter Lee, Paul Stepak, "PE Investments in Canadian Companies", draft 2017 CTF Annual Conference paper-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt Efficacy of payments by direction (p. 24) [W]ires are often made directly from the source of the funds (e.g. the PE [private equity] fund capital account, or the lenders' clearing account) to the ultimate destination for the funds (e.g. ...

Michel Ranger, Rhonda Rudick, "Federal and Provincial Tax Considerations Relating to Non-Resident Investment in Canadian Real Estate", 2019 Conference Report (Canadian Tax Foundation), 32:1 – 39-- summary under Regulation 805 Summary Under Tax Topics- Income Tax Regulations- Regulation 805 Factual distinction between business and property income for corporation (p. 32:4) In the case of a corporation whose sole activity is the ownership of such property, there is a presumption that a corporation is formed for the purpose of carrying on business; accordingly, where the corporation has only one activity or investment—regardless of its nature—the corporation may be held to be carrying on a business in respect of such single activity or investment. ... The Queen, 85 DTC 5287 (FCTD) …. See also Matlas SA v. The Queen, 94 DTC 1586 (TCC) and Canadian Marconi v. ... [Footnote 18 See IT-420R3 … at paragraph 12 and IT-434R … at paragraphs 2-7.] ...

The Queen – A Bridge Too FAAAR", International Tax Planning, Volume XIX, No. 1, 2013, p. 1284-- summary under Paragraph 95(6)(b) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(6)- Paragraph 95(6)(b) Essentially an indirect loan (p.1284) [I]n essence, the decision involves the potential application of paragraph 95(6)(b) to a taxpayer's acquisition of the shares of a non-resident corporation as part of what is commonly referred to as an "indirect loan" financing arrangement…. ... This would mean that, as Bonner J. put it in Canadian Pacific, the word "primarily" is intended to preserve the right of the taxpayer to structure a business driven transaction in a tax-effective manner, not to test whether it was structured in a tax-efficient manner primarily in order to obtain a tax benefit – which of course would generally be the case. ... Paragraph 95(6)(b) does not provided for any distinction – and none should be read in – between a Finco owning taxpayer that is part of a Canadian multinational group rather than a foreign multinational group. ...

Accordingly, in situations where a non-licensed insurer is involved in providing or procuring insurance, the GST/HST implications may be different depending on whether the intermediary is acting as an agent of the insured or whether the intermediary is acting as principal in acquiring the insurance and resupplying the benefits of the insurance coverage to the insured…. … Vanex Truck Service … held that GST/HST was collectible on fleet insurance that was acquired from an insurer and provided by a trucking company to its independent truck drivers; whereas… Libra Transport …held that GST/HST was not collectible as…the trucking company was acting as agent for its subcontractors in obtaining insurance. ... [I]n… 142436 … CRA confirmed that various employees may be jointly employed by three related corporations so as to result in no GST/HST being collectible on the reimbursement of salaries. ... In this arrangement, however, the service provider would generally be considered to be providing a taxable management service to the government entity that it is providing the services on behalf of [as] for example [in]… Thompson Trailbreakers Snowmobile Club.. and… Meadow Lake Swimming Pool …. ...

.-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt Discharge by paying creditor's debt (§21-042, p. 1426) If the creditor requests the debtor to pay the debt to a third party, such a payment is equivalent to payment direct to the creditor, and is a good discharge of the debt. ...

Sprague, "Observations on Treaty Interpretation – Spanish Supreme Court Addresses Commissionaires", Tax Management International Journal, 2016, p 55-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 Finding in Dell (p. 558) [I] have reported on controversial cases considering the question of whether sales effected through a civil law commissionaire should be regarded as creating a deemed permanent establishment (PE) of its principal…The Supreme Court Of Spain has now rendered its decision in one of those cases, concluding that sales effected through Dell España SA as commissionaire appointed under article 246 of the Spanish civil code created a PE of its principal, Dell Products Ltd., an Irish company. ... The Court then noted the following, which appears to be an expression of treaty interpretation that gives license to a court (and tax authorities) to depart from the literal language of a treaty: Furthermore, given the function and purpose of these Treaties — regulating international taxation issues — one must not lose sight of the new reality and global commercial scenario, which necessarily mean that applicable regulations should be interpreted in light of this new reality, where it is essential to take into account the substance of new forms of business activity. ... In reaching this decision, the Court expressly adopted a statement by the lower court that the business activities recited above as performed by the commissionaire should be regarded for treaty interpretation purposes as the business of the non-resident carried on in Spain at the premises of the Spanish affiliate Finding of dependent agent PE (p. 557) The Court [also] concluded that a DAPE existed…Apparently relying on the OECD Art. 5 Commentary at ¶ 33, the Court stated that there needs to be only a "functional link" between the customer and the principal, so that an agent may be "sufficiently empowered to bind the principal" even if there is no actual legal authority to do so. ...

Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114-- summary under Subsection 93(1.3) Summary Under Tax Topics- Income Tax Act- Section 93- Subsection 93(1.3) Unavailability of s. 93 regime where partnership interest disposed of (p. 20:49) [S]ubsection 93(1.3) applies only where the shares disposed of are EP. ... In such a case, the benefits offered by the section 93 election dividend election are not available, and an actual dividend must be paid in order for a CRIC to benefit from any underlying FA surplus (which may have foreign withholding tax consequences …). On the other hand, the loss denial rules in section 93 … do apply where a partnership interest is sold. ...

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 Paragraph 60(t) Summary Under Tax Topics- Income Tax Act- Section 60- Paragraph 60(t) Practical effect of limitation (p. 487) In cases where an employee's contribution does not meet these conditions [for deduction under s. 8(1)(m.2)] – for example, because the employee is not legally required to contribute to the RCA – the employee may be entitled to a deduction at a later time when there is an income inclusion from the RCA, such as when the employee retires or dies. ... [fn 36: … Explanatory Notes… December 1997….] The deduction is limited to the amount of the benefit included in income for a given year. ... [fn 37: …2005-013240107….] … ...

Porter, "Mandatory Disclosure: A Reasonable Balance Between Timely Information and Administrative Burden", Perspectives on Tax Law & Policy, Vol. 4, No. 3, September 2023, p. 4-- summary under Contractual Protection Summary Under Tax Topics- Income Tax Act- Section 237.3- Subsection 237.3(1)- Contractual Protection “Opt Out or Contend with Uncertainty” (p. 5) [P]arties can easily avoid the RT [mandatory reportable transaction] regime by modifying their practices. If a transaction exhibits no hallmark (contingent fees, confidentiality, or CP [contractual protection]), the RT regime is not engaged. … It seems unlikely to us that parties will inadvertently fall into the RT regime. … Thus, only those who choose to undertake (or be implicated in) avoidance transactions linked to a potential hallmark must contend with any remaining uncertainty. … “The Essence of a Hallmark” (p. 5) Hallmarks are intended to identify potentially abusive transactions on the basis that such transactions often exhibit a hallmark. … [H]allmarks do not just exist in the ether; rather, they reveal themselves in circumstances where their presence may influence or cause a party to engage in the targeted riskier behaviour by entering into the potentially aggressive transaction. ...

Gold, Chris Sheridan, "Statutory Ratification", Canadian Tax Journal, (2016) 64:1, 293-325-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission Distinction between Juliar and contract rescission cases (pp. 305-306) Performance Industries and Shafron are non-tax, contract cases. ...