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Before providing such declaration, Davies J stated, based on the expert testimony (at para. 17): Under European law, Luxembourg law and Dutch law, pursuant to the principle of universal succession … all liabilities of LMGI to tax, including under foreign law (that is, the relevant Australian tax acts), will transfer to LMA by operation of law pursuant to the principle of universal succession upon completion of the merger, as will the rights and obligations of LMGI in respect of such tax liabilities …. ...

The relevant QSTA provisions, which were broadly similar in this regard to ETA ss. 225(1) – A(a), 228(2) and 222(1), required that a person receiving payment of a policy premium collect the tax thereon as agent for the Minister and remit such tax to the Minister. ... In going on to confirm the imposition of penalties on the taxpayers pursuant to s. 59.2 of the Tax Administration Act, (generally calculated as 15% of the amounts they had remitted one month late), the Court stated (at paras. 34, 36-37, TaxInterpretations translation): The defence of due diligence allows for the avoidance of administrative penalties imposed by a statute where an error of fact is made in good faith, but not where there is an error of law. … The tax system is based on the principle of self-assessment and therefore transparency on the part of the taxpayer. ...

. … The fact that the agent and the principal are related companies does not change this principle. [See] Stubart …. As the trial judge concluded, we are dealing with clear contracts and uncontradicted evidence that confirm that the designation of the transactions as services agreements does reflect their true legal effects. ...

Accordingly, Taxation Act s. 99 (equivalent to the ½ step-up rule in ITA s. 13(7)(e)) did not apply to reduce the capital cost to 501 of the acquired software. ... The fact that a deduction, in the abstract, could have been allowed in respect of a property cannot, however, permit that property to be characterized as a purely depreciable property to SherWeb, when the evidence demonstrated that it had lost that character by reason of the various expenditures on programmers' salaries, and the SR&ED credits that were accorded to it year after year. … One cannot escape the fact that, to SherWeb, the Software has never been treated as a depreciable asset, and so continually until the time "immediately before the transfer" to the respondent. ...

Horvath Estate (Re), 2023 ABKB 643-- summary under Subsection 159(2) Summary Under Tax Topics- Income Tax Act- Section 159- Subsection 159(2) constitutional issue of whether s. 159 is paramount over the Alberta Estate Administration Act could not be addressed The personal representatives of an insolvent estate proposed to distribute its remaining assets pro rata to all the unsecured creditors in accordance with s. 27 of the Estate Administration Act (Alberta), which provided: 27(1) Except as otherwise provided in an enactment, if there is a deficiency of assets necessary to satisfy the valid money claims against the estate, the claims must be paid proportionately and without any preference or priority. (2) Nothing in this section prejudices (a) a mortgage existing during the lifetime of the deceased person on the deceased person’s property …. ... In rejecting this position, Leonard J stated (at para. 6): [I]n order to consider the interpretation of s 159 … and whether it creates a priority in favour of the CRA, I must decide if it overrides the provincial legislation and the provisions dealing with the payment of unsecured debts. ...

. … There is no published case law dealing with the tax treatment of a dation in payment, but from the foregoing, the Court concludes that this transaction must receive the same tax treatment as a sale. … The value of the consideration realized as a result of this transaction, i.e., the market value of the land transferred, established at $400,000, is taxable in the hands of Les Sommets as business income, since the transfer of the land it replaced was to occur as a sale in the ordinary course of business. ...

" … HMRC's position is that the appeal raises a point of law that has implications for other cases, such that if it is not resolved now it is likely that they would seek to raise it in another case. Further, Mr Arrbab's legal team were content on his behalf for the appeal to proceed, subject to an undertaking as to costs which was provided …. ...

. … I cannot accept this argument. The term defined is a related transaction; and the defined term may itself colour the meaning of the definition. ... It makes no sense to disregard part of the transaction, when the statute clearly requires the whole transaction to be disregarded, except for very limited purposes. … In addition it is a well-known method of interpreting deeming provisions that one must treat as real the inevitable consequences flowing from the deemed state of affairs: DCC Holdings Ltd v HMRC [2010] UKSC 58, [2011] 1 WLR 44 at [38]. ...

In finding for the majority that the appellant was not a limited partnership, Pagone J noted (at para. 142) that under the “ 1988 Queensland Act …it was only a partnership that could apply to become a limited partnership,” and stated (at para. 145): The conclusivity of the date of registration is important because it is the temporal reference point by which any liability is limited, but it does not confer conclusivity beyond that. It does not extend to confer conclusivity of the association being a limited partnership if the association which had sought registration was not a partnership. … It did not create a new fictional category of “limited partnerships” upon registration of associations which had not otherwise been partnerships. ...

In such a case, the provisions of Article 7 … shall apply. The Indian taxpayer argued that the royalties received by it in India (which were accepted by Australia as not being attributed under Art. 7 to the Australian PE) nonetheless were “effectively connected” to that PE in the sense that the work in India advanced the common goal with the Australian PE of servicing the Australian customers. ... Such a construction gives effect to the language of Art 12(4) and is consistent with the extrinsic materials. … Used as an adverb in conjunction with “connected”, “effectively connected with” should be understood to mean having a real or actual connection with the activities carried on through the permanent establishment. ...