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

17 July 2007 External T.I. 2007-0220121E5 F- Lac artificiel- catégorie d'amortissement-- summary under Paragraph (e) Summary Under Tax Topics- Income Tax Regulations- Schedules- Schedule II- Class 6- Paragraph (e) artificial lake qualifies as a “water storage tank’ Before finding that the costs of creating an artificial lake to be used for a fishing resort should be included in Class 6, CRA noted: … Oriole Park Fairways … 56 DTC 537 … relied on the ordinary meaning of the words "water storage tank"- which includes “a pool or lake, or an artificial reservoir”- to conclude that ponds on a golf course should be capitalized in Class 6 Words and Phrases water storage tank ...

The percentage of relevant Canadian property for TCPCo is 100% (equal to $2 M / $2 M x 100). … [T]he percentage of relevant Canadian property for AusCo is 0% (equal to $0 / $10 M x 100). ... The proportionate value approach as described in 2015-0624511I7 can be summarized as follows: the percentage of relevant Canadian property of a particular subsidiary entity should be multiplied by the FMV of the shares of that entity; and the product resulting from above is the prorated FMV of the shares of the particular subsidiary entity which represents the FMV of a relevant Canadian property asset indirectly held by the parent. … [T]his would result in BVCo having a percentage of relevant Canadian property of 67% = $1 M / $1.5 M. Since more than 50% of the FMV of BVCo’s shares is derived from real or immovable property situated in Canada, the shares of BVCo are TCP …. ...

Regarding a bank loan received by Dco whose proceeds are used by it to make an interest-free loan to the LPs, CRA stated: [T]he comments in … S3-F6-C1, [paras. 1.54, 1.55] could apply in the partnership context …. ... Regarding the bank loan instead being made to Aco which uses the proceeds to directly or indirectly make an interest-free loan to the LPs (e.g., making such loan to Dco which, in turn, makes interest-free loans to the LPs, or to Bco, with back-to-back interest free loans made all the way down the stack), CRA stated: [I]n light of … Canadian Helicopters, the fact that the taxpayer's income is derived from dividends from stacked corporations should not be a factor that … prevents a taxpayer from relying on the direct use of borrowed funds exception to make an interest-free loan. [I]t would be necessary to assess … whether the interest-free loans made by Aco to the LP, Bco or Dco … affect Aco's ability to earn income. ...

CRA responded: In general, a request for a revision to capital cost allowance claimed on property held by a partnership may be granted if all the conditions in paragraph 10 of … IC84-1... are satisfied by all members of the partnership. ... Such request will not be allowed … where … the Minister has issued a notice of determination … to one or more members. ...

19 November 2009 External T.I. 2007-0257251E5 F- Assurance-vie-- summary under Subsection 15(1) Summary Under Tax Topics- Income Tax Act- Section 15- Subsection 15(1) s. 15(1) benefit where sub is policyholder and premium payer and parent is beneficiary – but not for reverse The parent corporation is the beneficiary of a life insurance policy while its subsidiary is the policyholder and pays the premiums. ... The above interpretation represents a change in position from …. 2004-006546 … and will apply as of calendar year 2010. … [W]here a parent corporation pays the premiums for a life insurance policy that it owns and of which the subsidiary is a beneficiary, there is no benefit to the shareholder under subsection 15(1). ...

. … IT-169 … addresses situations where the CRA determines that the FMV is higher or lower than the price otherwise determined by the parties to an agreement. Consequently … this Bulletin does not apply in this situation. [I]t is impossible … to comment as to its retroactive effect to the day of the initial transaction, since we do not have all the particulars …. [I]f it were appropriate to retroactively adjust the sale price, the CRA could apply subsection 152(4.2) in respect of taxation years already assessed … [but the] taxpayer must satisfy the five conditions for the CRA to agree to a reassessment giving rise to a refund. ...

. … IT-169 … addresses situations where the CRA determines that the FMV is higher or lower than the price otherwise determined by the parties to an agreement. Consequently … this Bulletin does not apply in this situation. [I]t is impossible … to comment as to its retroactive effect to the day of the initial transaction, since we do not have all the particulars …. ...

11 October 2005 External T.I. 2005-0148281E5 F- Déductibilité de dépenses-- summary under Legal and other Professional Fees Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Legal and other Professional Fees accounting fees in preparing consolidated financial statements generally deductible In finding that accounting fees related to the preparation by a parent of consolidated financial statements for the group were generally deductible, CRA stated: … IT-99R5 … lists legal and accounting fees for a wide range of ordinary functions. ...

11 October 2005 External T.I. 2005-0148281E5 F- Déductibilité de dépenses-- summary under Subsection 248(24) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(24) s. 248(24) does not affect deductibility of fees for preparing consolidated financials In finding that accounting fees related to the preparation by a parent of consolidated financial statements for the group were generally deductible, CRA stated: … IT-99R5 … lists legal and accounting fees for a wide range of ordinary functions. ...

. … [T]herefore … a corporation that pays certain of its directors remuneration consisting solely of shares of the corporation would not be required to deduct source deductions on the value of this remuneration in shares. ...