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

After finding that the trust was taxable on the interest income, CRA stated respecting the trust’s reporting requirements: The general requirement for a trust to file a return is provided for in paragraph 150(1)(c) … and [Reg.] 204 …. However, subsection 150(1.1) … provides that the trust is required to file an income tax return pursuant to paragraph 150(1)(c) if tax is payable by the trust …. Furthermore, subsection 204(1) … provides that every person having control of or receiving income, gains or profits in a fiduciary capacity must file a return. ...

CRA stated: As confirmed … in Howson … subsection 75(2) does not apply to loans to trusts. However … this position applies only if the loan is independent of the terms of the trust. … The issue is … whether, legally, it is a loan rather than a contribution to the capital of the trust and whether the loan is independent of the terms of the trust. ...

. … In the absence of a complete description … we cannot determine whether a conjugal relationship … exits …. ...

CRA first noted: … Consolidated Holding … and … Fawcett …held that there is no distinction to be made between a person acting in his or her personal capacity or as a trustee. ... Thus, where a trust established for one purpose controls one corporation and a second trust established for another purpose controls a second corporation, and the same trustees vote the shares of both corporations held by each trust, we are of the view that the two corporations are generally controlled by the same group of persons. … Applying these principles, CRA concluded: [B]ecause of their role as trustees of each of the trusts, X and Z would form a group of persons that could control each of the corporations involved. ...

CCRA noted that “[s]everal court cases, including … Benjamin … 54 DTC 357 … have determined that travel expenses incurred by a taxpayer to attend to rental properties are personal expenses of the taxpayer and therefore not deductible pursuant to paragraph 18(1)(h).” ...

CRA stated: "[A]ny amount paid by the taxpayer before the end of the year for …installing a land drainage system” … includes the cost of drainage pipes, whether plastic or other material, and the cost of installing these pipes. ... Nevertheless, when a taxpayer leases farmland that the taxpayer owns to someone else … "income … from a farming business" … means that an amount is deductible under that provision only by a taxpayer who carries on a farming business and not by a taxpayer who earns rental income. ...

. … On the other hand, if the pastor of your church holds an office or employment, he or she will be required to include in computing income … the value of [the] … lodging … [but] may be eligible for the clergy residence deduction by virtue of paragraph 8(1)(c) if he or she satisfies both of the following conditions: [s. 9(1)(c) conditions summarized]. ...

Our view is supported by the … Explanatory Notes …. Therefore … since it has been assumed that Mrs. ...

17 April 2001 External T.I. 2001-0074915 F- Fonds commun de placement- Disposition-- summary under Disposition Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Disposition change in taxable account through which MFT units are held does not entail their disposition Regarding whether there is a disposition when a taxpayer transfers mutual fund units held in a taxable account with one financial institution to taxable account at another financial institution, so that there is a change in the administrator, CCRA stated: To the extent that a change in the administrator of an account in which mutual fund units are held does not entitle the owner of such units to proceeds of disposition of property and does not result in a change in the beneficial ownership of such units … such a change generally does not constitute a … “disposition” …. ...

. … The election … is therefore not permitted …. Words and Phrases accountant ...