Search - 哈尔滨到北京 公里数

2018 Ruling 2017-0738041R3- XXXXXXXXXX-- summary under Subsection 104(1) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(1) a foreign collective investment vehicle is fiscally transparent rather than a unit trust Fund The Fund constitutes a collective investment vehicle that is not a body corporate, a partnership or a limited partnership, under which the Unitholders by contractual arrangements (set out in a deed) between a manager and a depositary, beneficially own the underlying property as tenants in common – with their Units representing proportionate interests in the Fund. ... Subfund The Deed states: “Any reference in this Deed to Units being issued “in respect of” a Sub-fund or “relating” to a Sub-fund shall be construed as a reference to Units which give the holder of them co-ownership of that part of the … Property comprising the Sub-fund in question and the entitlement … to exchange co-ownership of that part of the … Property for that part of the … Property comprising any other Sub-fund.” ...

The Income will be added to the exempt earnings of the FA5 Subsidiary pursuant to Reg. 5907(1) – exempt earnings – s. ...

“However, no property will be acquired by a person described in subclause 88(1)c)(vi)(B)(I), (II) or (III) in the course of the following series: the transactions or events which include the amalgamation …. or winding-up ….” ...

(This step will “ensure that US Parent’s status as a holding company for … net worth … tax is not jeopardized by the completion of the Proposed Transactions. ...

Preliminarily to this spin-off, an indirect Canadian subsidiary of Foreign Pubco (Canco – which is the distributing corporation) will transfer the Canadian business relating to Business B as well as related foreign subsidiaries held directly (Forsub) or through a partnership (Forlp) and a partner thereof (Canco Sub 4) to the transferee corporation (TCo – a ULC). ... TCo (through transactions which are heavily redacted – see perhaps para. 122) will be indirectly transferred to Foreign Pubco, whereas Canco will become an indirect subsidiary of Foreign Spinco. Indemnity – effect on net value of types of property In order to accomplish the butterfly spin-off of Canco's portion of Business B, Canco will first transfer such assets to Newsub under s. 85(1). ...

Reg. 5907(5.1) will apply to the disposition by CFA2 of its capital property to CFA1 pursuant to the Proposed Business Transfer (with the summary stating): No gain or loss is recognized on the transfer of the capital assets under the relevant foreign income tax law, and the other conditions … in subsection 5907(5.1) … are met. ...

CRA ruled that this double transfer of the ForSub1 shares would not result in those shares not qualifying as capital property: For purposes of subsection 85.1(3), provided that the ForSub1 Common Shares constitute capital property to CanSub1 immediately prior to the transfer of the shares by CanSub1 to CanSub2 … the transfer by CanSub1 of the ForSub1 Common Shares to CanSub2 … and the subsequent transfer by CanSub2 of such shares to ForSub2 … will not, in and by themselves, cause such ForSub1 Common Shares not to be capital property of CanSub2. ...

DC was then to be wound-up into its two shareholders (the TCs) and its sole assets at that time – the two redemption notes owing by the two TCs – distributed to that TC so that the note was extinguished. ...

. … the Company shall make a payment in cash, … to or for the benefit of the Beneficiary of the Participant. ...

Position: Yes …. Reasons: The circumstances of this corporation are substantially similar to those in respect of which a favorable ruling was given in … 2015-0577141R3, following the liberal interpretation first taken in … 2000-0004783. ...