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Example 3 The beneficiaries of a trust may include a second trust – which will be deemed by (c)(i) to be related to the first trust during the period that the second trust is a beneficiary thereof. ...

.' " c. The channel approach Under this approach, when a third-state resident has a substantial interest in the recipient, or exercises the management of or has control over the recipient, if a certain percentage of the income of that recipient is used to satisfy the claim by such third-state resident, the recipient will be disallowed the treaty benefits regarding such income. ... Treaty in dealing with steppingstone conduits (p. 770) … Under the base erosion test, if the total amount of expenses paid by the recipient (the company resident of State A) to third-state residents accounts for 50 percent or more of its gross income in the residence state (State A), the recipient will fail to satisfy the test, and it might appear that this test effectively deals with steppingstone conduits. ...

[fn 64: See… Brelco Drilling … [and] 2001-0093385] If a deficit of a lower-tier foreign affiliate does indeed reduce safe income on hand, the location of the deficit affiliate in a chain of foreign affiliates does not seem to be relevant—contrary to the general framework of the foreign affiliate surplus regime, in which so-called blocking deficits in a chain of foreign affiliates are generally more relevant (and potentially more problematic) than deficits in foreign affiliates that are at the bottom of the ownership chain. ... As a result, if one foreign affiliate in a chain has a hybrid surplus pool with an insufficient amount of hybrid underlying tax applicable [fn 66: …[D]efined in … 5907(1).] whereas another affiliate has an excess of hybrid underlying tax applicable, that pool is not available for the purposes of the determination of safe income, notwithstanding that the hybrid surplus would be fully sheltered with hybrid underlying tax applicable if the surplus pools of those two affiliates were combined. ...

In this situation, as explained in Question No. 18 from the February 24, 2000 GST Roundtable Meeting with the Canadian Bar Association (Sales & Commodity Tax Section), the CRA may determine that the place of delivery occurs in a different place, as follows: In the scenario described above, the terms are that delivery is FOB the non-resident's place of business. ...

The first circumstance arises where the economic substance of a transaction differs from its form …. ...

The first circumstance arises where the economic substance of a transaction differs from its form …. ...

. … According to some, [fn 38: E.g., Vogel, and Skaar, supra note [37]] to constitute a coherent whole, the work must be made in the same place and for the same client. ...

Demarcation between s. 106(2) and 106(3) [S]ubsection l06(2) … is intended to apply to situations in which an income interest is disposed of to and acquired by a third party, while subsection 106(3) deals with the situation in which an income interest is disposed of to the trust itself and thereby eliminated. ...

Desirability or undesirability of elevating surplus from lower-tier affiliates rather than making It may be beneficial for the payer of an interaffiliate dividend, who has sufficient tax-free surplus, to pay a dividend to a higher-tier foreign affiliate from such tax-free surplus, so as to elevate tax-free surplus up the foreign affiliate chain, thereby making such surplus more readily available to shelter the payment of any subsequent dividends to the CRIC – and also safeguarding that tax-free surplus from erosion by any subsequently-incurred losses of the payer affiliate. ...

. … we believe that a reasonable basis exists where there is some authority for the filing position taken, and no obvious authority to the contrary. ...