Search - 哈尔滨到北京 公里数

Holdco is not … a small business corporation. One of the main purposes of the transaction is to reduce the income of Mr. ... X then exchanges his $15 million of class A preferred shares of Holdco for $3 million of class B preferred shares of Holdco pursuant to section 86 ("the second transfer ")…. ...

Peter Lee, Paul Stepak, "PE Investments in Canadian Companies", draft 2017 CTF Annual Conference paper-- summary under Paragraph 212.3(1)(b) Summary Under Tax Topics- Income Tax Act- Section 212.3- Subsection 212.3(1)- Paragraph 212.3(1)(b) No s. 245(4) abuse where use of a Canadian GP to avoid FAD rules (pp. 15, 16) [T]he purpose of the FAD rules is to deter foreign multi-nationals from … benefiting economically by stuffing non-Canadian operating companies under Canada in circumstances where it otherwise would make little or no sense to do so. That harm is quite distant from a PE fund looking to buy a Canadian-owned or public Canadian multinational and then continue to run the business. … [T]here are [thus] good policy reasons why the FAD rules should not apply to PE funds that are direct owners of Canadian portfolio companies. ...

Kirby, "Vendor Planning for Private Corporations: Select Issues", 2017 Conference Report, (Canadian Tax Foundation), 11:1-28-- summary under Subsection 129(1) Summary Under Tax Topics- Income Tax Act- Section 129- Subsection 129(1) Potential generation of dividend refund with s. 84.1(1) dividend (p. 11:23) [T] he 2002 technical interpretation discussed above … stated that the technical requirements for triggering a refund of RDTPH are not met when the dividend is deemed to have been paid pursuant to section 84.1… It may be credibly argued that the only sensible result is that a deemed dividend arising under section 84.1 should give rise to the recovery of RDTOH because a dividend cannot be paid except on a class of shares, because the person receiving a dividend is a shareholder, and because the right to receive dividends is attached to a share…. The individual will own shares of Newco when the dividend arises, and therefore it could be argued that the deemed dividend under section 84.1 should be considered to be paid on these shares. … In common parlance, a “dividend” is considered to be a distribution of corporate profits to its shareholders, and therefore it could be argued that in order for a deemed or fictitious dividend to arise, there must be deemed or fictitious shares on which the dividend is paid. ...

CRA position on interpretation of “interest” in s. 188.1(3.2) [A]nother idea … is for the corporation to redeem the shares with the compensation being a promissory note. ... In a technical interpretation … the CRA takes [that] interpretation. ...

. … [B]ecause none of the Cancos have a qualifying interest in Forco 2, the recharacterization rule in clause 95(2)(a)(ii)(B), for example, would not be available since each Canco would hold less than 10 percent of Forco 2 on a lookthrough basis. ... In that case, the recharacterization rule in clause 95(2)(a)(ii)(B) may apply …. ...

. … There are times when it is tax-advantageous to trigger a capital gain under subsection 48.1(1) even if the shares are not QSBC shares—for instance, to utilize tax attributes such as expiring losses. Potential for TOSI where making s. 38.1 election (p. 5) Under the new rules, taxable capital gains subject to TOSI are no longer limited to transactions under the purview of subsections 120.4(4) and (5). … [T]he expanded definition of "split income" includes taxable capital gains from the disposition of all non-QSBC private corporation shares realized, or deemed to be realized, by most Canadian residents. ...

. … AAII is calculated as if no FAT were deducted; therefore, FAPI earned by a Canadian-resident corporation would be considered AAII, irrespective of FAT paid by the relevant CFA on the FAPI. ... Therefore, FAPI earned by a CFA that is associated with the Canadian corporate taxpayer may be counted twice toward the new passive income restriction. … ...

…[O]n the basis of a literal interpretation of the affiliated entity rule … all companies everywhere in the world would have to participate in the joint election. ... As well, it would need signatures on the joint election from authorized representatives of all of the corporations. … Example of application of s. 125.7(4)(b) election to an affiliated group with a recent addition (p. 2) Example: Affiliated Group That Is Different from Prior Year [F]our entities meet the definition of an affiliated group in March 2020, but one of the entities was newly incorporated in 2020 …. ...

XIX are to be interpreted consistently with the common reporting standard rules published by the OECD, unless the context otherwise requires – and a similar provision appears in the anti-hybrid mismatch rules, the draft reporting rules on digital platform operators and in s. 3 of the Pillar 2 implementation legislation. Although this by itself would not have much impact (Canada’s tax treaties are interpreted in light of the OECD commentaries where relevant, without a specific provision to that effect), what is more significant is that these rules refer to the relevant OECD recommendations “as amended from time to time” – which raises the possibility of an interpretive expansions of the rules in the Act through OECD later-in-time materials. ...

This conflict undermines the duty of commitment to the client’s cause, a duty found … in the Federation’s [money-laundering] 2015 case [2015 SCC 7] to be a principle of fundamental justice. ... The obligation for legal counsel to report confidential information to the CRA also violates the protection from unreasonable search and seizure in section 8 of the Charter. … The Government of Canada has consented to a 30-day injunction suspending application of the provisions to members of the legal profession, pending a hearing on the Federation’s injunction application. ...