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Article Summary
Doron Barkai, Alexander Demner, "Dealing with New Subsection 55(2): Issues and Strategies", 2016 Conference Report (Canadian Tax Foundation), 6:1–56 -- summary under Paragraph 55(3)(a)
[A]ssume that Opco is a wholly owned subsidiary of Holdco, which owns 100 common shares of Opco worth $ 1 million (with nil ACB and PUC). ... Appropriateness of preliminary transactions to stream ACB to non-redeemed shares (pp. 6:32-33) [I]t appears [having cited 2015-0610681C6] that the CRA would challenge a preliminary transaction segregating pre-existing ACB from shares to be subsequently redeemed …. [S]uppose that Holdco had pre-existing ACB of $100,000 and undertook a preliminary share-for-share exchange … under subsection 85(1). ...
Article Summary
Allan Lanthier, "FAPI or Taxable Surplus Dividend", Canadian Tax Highlights, Vol. 23, No. 2, February 2015, p. 4. -- summary under Paragraph 92(1)(a)
Deletion of "required to be" from s. 92(1)(a) (pp. 4-5) [T}he wording in respect of the ACB addition mandated by paragraph 92(l)(a) was amended from "any amount required to be included... by reason of subsection 91(1) … in computing the taxpayer's income" to "any amount included … under subsection 91(1)... in computing the taxpayer's income. ...
Administrative Policy summary
GST/HST Memorandum 19.2.3 “Residential Real Property - Deemed Supplies” June 1998 -- summary under Subsection 191(1)
. … "Rent-to-own" vs "sale" Policy statement P-164 … 16. … Because the self-supply rules apply only where there is a supply by way of lease, licence or similar arrangement, it is necessary to determine if a rent-to-own agreement represents a supply by way of sale or a supply by way of lease, licence or similar arrangement. ...
Administrative Policy summary
May 2017 CPA Alberta Roundtable, GST/HST Q.3 -- summary under Subsection 273(1)
May 2017 CPA Alberta Roundtable, GST/HST Q.3-- summary under Subsection 273(1) Summary Under Tax Topics- Excise Tax Act- Section 273- Subsection 273(1) construction of fixture qualifies The construction of a pipeline likely would qualify as “the construction of real property … including … development activities” under the Joint Venture (GST/HST) Regulations “to the extent that it is affixed to the ground and intended to remain there on a permanent basis.” ...
Administrative Policy summary
Actuarial Bulletin No. 4 - Draft Bulletin for Industry Consultation "Reasonable Methods to Apportion Assets and Actuarial Liabilities" 8 January 2020 -- summary under Subparagraph 147.2(2)(a)(vi)
. … The following are apportionment methods we consider to be reasonable. Liability apportionment – prorated to earnings This method apportions the liabilities based on each participating employer’s share of a member’s lifetime retirement benefits. If a member receives pensionable earnings (compensation) from multiple participating employers in the year, the actuary must use those pensionable earnings to prorate the accrued lifetime retirement benefit (LRB) and DB limit in the year. … Asset apportionment – prorated to liabilities This method apportions the assets in proportion to the liabilities allocated to each participating employer using the pensionable earnings. ...
Administrative Policy summary
Statement by the Minister of National Revenue and Minister of Finance on the Government’s Commitment to Clarifying the Rules Governing the Political Activities of Charities 15 August 2018 Press Release -- summary under Subsection 149.1(6.2)
Statement by the Minister of National Revenue and Minister of Finance on the Government’s Commitment to Clarifying the Rules Governing the Political Activities of Charities 15 August 2018 Press Release-- summary under Subsection 149.1(6.2) Summary Under Tax Topics- Income Tax Act- Section 149.1- Subsection 149.1(6.2) … Canada Without Poverty … [contains] significant errors of law and … will be appeal[ed] … to address the uncertainty created by it, and to seek clarification on important issues of constitutional and charity law. … [O]ur Government intends to amend the Income Tax Act to implement changes consistent with recommendation no. 3 of the Report of the Consultation Panel on the Political Activities of Charities. ...
Article Summary
Lucie Lamarre ACJ, Isida Ranxi, "Taxpayer Rights and Voluntary Compliance: The Example of the Canadian Judiciary", Tax Notes International, 3 October 2016, p. 61 -- summary under Evidence
. … [T]he appearance of fairness has another aspect — that is, how the proceedings appear to the unrepresented party. ...
Article Summary
Manal Corwin, Jesse Eggert, "Understanding the Operation, Impact, and Practical Implications of the MLI", Tax Management International Journal, Vol. 46, No. 8, 11 August 2017, p. 407 -- summary under Article 7
Those treaties fall into several categories: • Treaties that already contain a PPT that is narrower than the new PPT; • Treaties that did not contain a PPT, but were between countries with experience applying PPT- type rules to their tax treaties; and • Treaties that did not contain a PPT, and were between countries without experience applying PPT- type rules. ...
Administrative Policy summary
GST/HST Memorandum 13.5 Non-creditable Tax Charged January 2017 -- summary under Paragraph 171(4)(b)
Example 11 – Adjustment to net tax for rental property on becoming a small supplier division In July, a registrant PSB resident in Ontario that has a monthly reporting period prepays the monthly rent of $1,500 plus HST for six months (July through to December) for the building in Ontario used by its division in commercial activities. The total amount of rent prepaid is $9,000 ($1,500 × 6 months) plus $1,170 in HST ($9,000 × 13%). ... The PSB is required to add to its net tax an amount of $585 ([$1,500 × 13%] × 3), which is accounted for by the PSB on line 104 (or on line 105 if filing electronically) of its October GST/HST return. ...
Article Summary
Didier Fréchette, Ryan Rabinovitch, "Current Issues Involving Foreign Exchange", 2015 CTF Annual Conference paper -- summary under Subsection 84(3)
. … [A]ccording to [9634245], it is not possible to specify an amount in foreign currency. … [T]his interpretation is arguably inconsistent with the tax policy underlying subsections 191(4) and (5)… [and] with [CRA's] position regarding the application of section 51.1.... ...