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

This was to be accomplished by ACo transferring its FA1 shares on a s. 85.1(3) rollover basis to a newly-formed non-resident subsidiary (New FA), with New FA then transferring its FA1 shares to BCo for a note – which then was to be repaid in cash out of share subscription proceeds from ACo, and with FA1 then distributing such cash to ACo (with a Reg. 5901(2)(b) designation being made). ... In order to satisfy a CRA requirement that the cost to BCo of the FA1 shares (which were excluded property) be limited to the sum of their relevant cost base and the net surplus (being exempt surplus) of FA1 – rather than being stepped up to their higher fair market value, the note equalled such sum. ...

In order that Parent could get basis for having issued the share consideration, it was stated in a funding agreement to have issued such shares in consideration for the issuance to it by Merger Sub1 of common shares of Merger Sub1 – and CRA ruled that indeed those shares issued to Parent had a cost to it equal to the FMV of the shares issued by it in turn to the Target shareholders plus any related costs incurred by it. ... CRA further ruled that on the immediately subsequent contribution by Parent of its shares of Merger Sub1 to Opco, it did not realize a gain, and Opco had full cost for those shares pursuant to s. 53(1)(c) – and Opco also was able to increase the PUC of its shares in reliance on s. 84(1)(b) in an amount equal to the FMV of those contributed shares. ...

amount" in 5 below – or otherwise, likely under 50%) of the shares of Forco3 and (100-X)% of Forco3's shares are owned by an unrelated Luxembourg company (Forco2). ... Forco1 will repay a portion of the Forco1 Receivable by delivering to Finco the "Forco3 Receivable" owing to it by Forco3, so that Finco will now hold the Forco3 Receivable and the balance of the Forco1 Receivable – which then will be converted into Forco1 shares having an equivalent value. ...

All the assets of the Old Trust were transferred to a new trust (“New Trust” – also settled by a non-family individual), whose terms were “for all practical purposes” the same as for the Old Trust but “adjusted to take into account the conclusions of the declaratory judgment rendered.” ... (g)(iii), (iv) and (vi) of s. 108(1) – trust did not apply, s. 104(4) would not apply by virtue of the exception in para. ...

After the property had changed hands a number of times, it was acquired by ACo, which recommenced limited production, but then ceased production as the projected grade was not achieved, and ACo put the property on care and maintenance, but continued exploration work, with the focus on near-surface targets that were outside the mine footprint – but then also drilled from an underground platform. ... Ruling Re the expenses of the proposed program qualifying under s. 66.1(6) – CEE- para. ...

2017 Ruling 2017-0699201R3- Cross-border Butterfly-- summary under Paragraph (b) Summary Under Tax Topics- Income Tax Act- Section 55- Subsection 55(1)- Permitted Exchange- Paragraph (b) cross-border butterfly including preliminary transfer of DC to foreing parent to come within “permitted exchange” CRA ruled on a cross-border butterfly which entailed assets of the “Transferred Business” being transferred indirectly to a wholly-owned non-resident subsidiary (Foreign Spinco) of a non-resident public company (Foreign Parentco) or to a wholly-owned non-resident subsidiary of Foreign Spinco (Foreign Spinco Sub) – with a view to the shares of Foreign Spinco being dividended out to the shareholders of Foreign Parentco at the transactions’ completion. One of the indirect assets of Foreign Parentco was a Canadian corporation (DC) which held the Canadian portions of both the Transferred Business and the “Retained Business” – hence the need for a cross-border butterfly. ...

The ULC-LLC Loans, the LLC-FA Subco Loans, the LLLP-ULC Loan and the Term Advances (owing by LLLP) will be settled in accordance with their terms – with the accrued interest owing by FA Opco, FA Subco and LLLP being paid. ... Income derived by LLC from the interest payments [on the LLC-FA Subco Loans] will be included in computing the income from an active business of LLC, for its taxation year in which the payment will be received, in accordance with the following provisions: (1) subclause 95(2)(a)(ii)(B)(I) to the extent of the portion of the interest paid or payable by FA Subco in respect of the portion of the proceeds from LLC – FA Subco Loans that were used by FA Subco in the relevant period to earn income from the [FA Subco FA Opco Loans], and (2) clause 95(2)(a)(ii)(D) to the extent of the portion of the interest paid or payable by FA Subco in respect of the portion of the proceeds from LLC – FA Subco Loans that were used by FA Subco in the relevant period to subscribed for additional common shares of FA Opco… provided that the FA Subco common shares continue to be Excluded Property and FA Subco and FA Opco continue to meet the conditions in that clause with respect to their residence and being subject to taxation in the Foreign Country, and such interest will be included in computing the "earnings" from an active business of LLC and its "exempt earnings" in accordance with the definitions in Part LIX…. ...

The ULC-LLC Loans, the LLC-FA Subco Loans, the LLLP-ULC Loan and the Term Advances (owing by LLLP) will be settled in accordance with their terms – with the accrued interest owing by FA Opco, FA Subco and LLLP being paid. ... Income derived by LLC from the interest payments [on the LLC-FA Subco Loans] will be included in computing the income from an active business of LLC, for its taxation year in which the payment will be received, in accordance with the following provisions: (1) subclause 95(2)(a)(ii)(B)(I) to the extent of the portion of the interest paid or payable by FA Subco in respect of the portion of the proceeds from LLC – FA Subco Loans that were used by FA Subco in the relevant period to earn income from the [FA Subco FA Opco Loans], and (2) clause 95(2)(a)(ii)(D) to the extent of the portion of the interest paid or payable by FA Subco in respect of the portion of the proceeds from LLC – FA Subco Loans that were used by FA Subco in the relevant period to subscribed for additional common shares of FA Opco… provided that the FA Subco common shares continue to be Excluded Property and FA Subco and FA Opco continue to meet the conditions in that clause with respect to their residence and being subject to taxation in the Foreign Country, and such interest will be included in computing the "earnings" from an active business of LLC and its "exempt earnings" in accordance with the definitions in Part LIX…. ...

"Beneficiary" means any person designated by a Participant by written instrument filed with the Corporation to receive any amount, securities or property payable under the Plan in the event of a Participant's death or, failing any such effective designation, the Participant's estate; … DSU Account shall be redeemed and paid by the Participant's Employer to the Participant or the Participant's Beneficiary, as applicable. ...

14 February 2012 Ruling Case No. 99181 [non-exclusive information use rights]-- summary under Section 10.1 Summary Under Tax Topics- Excise Tax Act- Schedules- Schedule VI- Part V- Section 10.1 non-exclusive information use rights A Canadian company which is a registrant (the "Resident Supplier") enters into an agreement with a non-registered non-resident company to supply it "with the non-exclusive use rights to information belonging to the Resident Supplier for an up front payment of CD$[…] and contingent payments of CD$[…] in each of the succeeding […] years. ...