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With respect to the expression “in any manner whatever’ in subsection 84(2), the Court noted that “ [t]hese far-reaching words are anchored in history as they have always been part of this provision, and they faithfully reflect its anti-avoidance purpose”. ... It should also be noted that the Federal Court of Appeal also resolved the uncertainties arising from certain decisions that taxpayers frequently invoked against the application of subsection 84(2), namely McNichol … Descarries … and Robillard …. ... CRA also indicated that “ Foix did not express an opinion on the Tax Court of Canada's analysis in Geransky ” and implied that Gernasky has been overtaken by the subsequent decisions of the Federal Court of Appeal in MacDonald and Foix, which “clearly ruled that subsection 84(2) should be interpreted broadly.” ...

After noting that the Finance Technical Notes indicated that this “election is meant to allow the shareholders of a foreign affiliate to access their capital first as measured by the adjusted cost base … of the shares,” CRA stated: Even though the preamble of paragraph 5901(2)(b) … does not specify to whom the “whole dividend” … is paid … based on a contextual and purposive analysis … the “whole dividend” … is a reference to a dividend that would cause a consequential ACB adjustment to the shares of the foreign affiliate on which it is paid, if a Regulation 5901(2)(b) election could be made in respect of that dividend. ...

7 October 2022 APFF Roundtable Q. 11, 2022-0942751C6 F- Changement de fin d'exercice et opposition-- summary under Subsection 165(3) Summary Under Tax Topics- Income Tax Act- Section 165- Subsection 165(3) CRA will not vacate an assessment that was not invalid or unfounded 2020-0874951I7 indicated that if a request for a retroactive change to a taxation year is made after the corporate tax returns are filed but before the first Notice of Assessment for that year is issued, it will generally be granted – but not if such request is made after such issuance. ... In rejecting this approach, CRA stated: For the purposes of subsection 165(3), an assessment may generally be vacated upon receipt of a Notice of Objection if a taxpayer submits additional facts or compelling arguments that were not before the Minister at the time the assessment was made and that demonstrate that the assessment is either invalid … or was unfounded …. [Here] … the mere fact that the corporation wishes to change the timing of its fiscal period end after tax has been assessed for the year corresponding to the fiscal period, even if it is the corporation's first fiscal period, does not, in and of itself, invalidate or render unfounded the [initial] assessment …. ...

. … [C]onsequently … the administrator of an RPP who pays, to a member's estate, a lump sum payment of a superannuation or pension benefit as a result of the member's death, must withhold tax pursuant to ITR subsection 103(4). … [N]o provision … allows allocations or designation of tax deductions between a trust and its beneficiaries. When the estate completes its …T3 … the tax withheld will be taken into account in determining the balance owed by the estate or [its] refund …. ...

CRA responded: In addition to the factors set out in … IT-447 … the Canadian competent authority may consider some of the following factors: the settlor's residency; the residency of the beneficiaries; the location of the property of the trust; the reason the trust was established in a particular jurisdiction, etc. … In situations where the two countries cannot find common ground, it is possible that the negotiations result in the double residency of the trust. ... In addition, the legislative amendments … [under] the Income Tax Conventions Interpretation Act … a trust deemed to be resident in Canada pursuant to subsection 94(3) is deemed to be resident in Canada … for the purposes of the Convention. … [T]he effect of this new provision is to make it impossible to break the tie because it deems such an equality to be non-existent. In the unlikely event that there is evidence of taxation imposed contrary to the Convention and double taxation, the Canadian competent authority has confirmed to us that it would be prepared to consider the matter and facts specific to the situation leading to double taxation in order to determine whether a unilateral solution is possible or if negotiations with the other Contracting State are required …. ...

8 October 2010 Roundtable, 2010-0373241C6 F- Acquisition of Control-- summary under Subsection 256(6.1) Summary Under Tax Topics- Income Tax Act- Section 256- Subsection 256(6.1) purpose is to take into account simultaneous control at the various levels In the course of a non-committal response as to whether there is an acquisition of control of a public company when its shareholders exchange most of their shares for shares of a Newco, CRA responded: [S.] 256(6.1) … is the legislative response to … Parthenon Investments …. ...

. … As indicated in paragraph 2.58 of … S1-F3-C2 … paragraph 45(1)(c) applies where the partial change in use of the property is substantial and of a more permanent nature. ...

Was the requirement in s. 110.6(1) – qualified small business corporation share – para. (b), that “throughout the 24 months immediately preceding [February 5, 2011, the share] was not owned by anyone other than the individual or a person … related to the individual” satisfied, having regard to ss. 28 and 35 of the Interpretation Act? ... X … owned the shares … the requirement regarding the 24-month holding period of the shares would not be satisfied …. ...

16 August 2022 CPAC Roundtable Q. 10, 2022-0946251C6- Home Office Expenses-- summary under Subparagraph 8(13)(a)(ii) Summary Under Tax Topics- Income Tax Act- Section 8- Subsection 8(13)- Paragraph 8(13)(a)- Subparagraph 8(13)(a)(ii) s. 8(13)(a)(ii) does not extend to virtual meetings Regarding the impact of meeting clients in a home virtually, CRA stated: It is the long-standing position of the … CRA … that the term “meeting”, as used in both subparagraph 8(13)(a)(ii) and 18(12)(a)(ii) of the Act includes only face to face encounters. ...

CRA responded: [S.] 256(6.1) … is the legislative response to … Parthenon Investments …. ...