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

X’s children – so that the Year 2 dividend is received directly by Ms. ...

The consequences indicated by CRA included: S. 107(2)(a) deems the Trust to dispose of the Shares for proceeds of disposition (“POD”) equaling their “cost amount” of $100,000; S. 107(2)(b) deems the beneficiary to acquire the Shares at a cost equaling the total of their $100,000 “cost amount” to the Trust immediately before the distribution and any excess of the ACB to the beneficiary of the capital interest (nil) over its $100,000 “cost amount” – so that the beneficiary acquires the Shares at a cost of $100,000; S. 107(2)(c) deems the POD of the beneficiary’s capital interest to equal to the excess of the $100,000 cost to the beneficiary of the Shares over the $20,000 of eligible offsets, so that the beneficiary’s POD of the Trust capital interest is $80,000. ...

. … 2016-0667361E5 no longer represents the position of the CRA. ...

The two options are mutually exclusive and exhaustive – either the French Treaty applies to the full amount of the dividend, or the US Treaty applies pro-rata to the US partners. ...

., a “right under a contract … to control the voting rights attached to the share.” ...

CRA then referred to IT-434R, including the statements in para. 4 that “the renting of real property by an individual … will be regarded as a business operation only when the landlord supplies or makes available to tenants services of one kind or another to such an extent that the rental operation has gone beyond the mere rental of real property,” and that, accordingly, other factors such as “[t]he size or number of properties being rented” and “the extent to which their management or supervision occupies the owner's time” are not “to be taken into account in determining if the operation is a business.” ...

., under s. 104(24)) that it was payable for the purposes of s. 104(6), and that “[i]f the amount cannot be paid in accordance with the terms of the trust and the relevant trust law, the amount cannot be considered to have become payable for the purposes of subsections 104(6) and (13),” CRA indicated: Provided the cash received as consideration from the redemption or winding-up was paid to the capital beneficiary in accordance with the terms of trust and the applicable trust law, the deemed dividend became payable to the beneficiaries for the purposes of subsections 104(6) and 104(13) …. ...

Shortly after the end of the fiscal period, the limited partnership should make a distribution payable to the partner which is equal to amount of the loans received by the partner in the fiscal period, and the distribution should be used to fully settle the loans – in other words, CRA needs to see a set-off of the loans and the distributions. ...

Re (ii), CRA noted that s. 94(2)(g)(iv) provides that the loan to the beneficiary involves the acquisition by the trust of the debt entailing a deemed transfer by the debtor – so that, here, there is a deemed transfer of property from the beneficiary to the trust. ...

The Minister could, however, assess the resident beneficiary for an amount not exceeding $100,000 on December 31, 2022 given that the conditions in s. 94(7) were by assumption satisfied for the 2020 year – and this was so even if s. 94(3) had ceased to apply to the trust for its 2021 or 2022 taxation year. ...