Search - 广东省2002政府工作报告 一小发展 金句

30 October 2002 Internal T.I. 2002-0134077 F- ATTRIBUTION DES GAINS EN CAPITAL-- summary under Subsection 74.2(1) Summary Under Tax Topics- Income Tax Act- Section 74.2- Subsection 74.2(1) indirect transfer where individuals transfer shares to their Holdcos, who transfer such shares to the individuals’ respective spouses Two individuals transferred the shares they held of a particular company to their respective holding companies which, in turn, each disposed of a portion of those shares to the individuals’ respective spouses in consideration for non-interest-bearing notes. ... In finding that s. 74.2(1) applied, the Directorate stated: [W]e consider it possible that an indirect transfer of the individuals' shares to their spouse was effected through their respective holding companies … [so] that the shares disposed of by the spouses … constitute substituted property for the property transferred indirectly by the individuals, Words and Phrases transfer indirectly ...

2 May 2002 Internal T.I. 2002-0122607 F- BIENS A USAGE PERSONNEL-- summary under Regulation 1102(2) Summary Under Tax Topics- Income Tax Regulations- Regulation 1102- Regulation 1102(2) effective severance for ITA purposes of land and building by Reg. 1102(2) does not apply to personal-use property On the disposition by an individual of a cottage which is a personal-use property (“PUP”) but not his principal residence, he realizes a capital gain of $15,000, which is attributable to a $25,000 gain on the land, and a $10,000 loss on the building. In finding that this does not signify that he has realized a $25,000 gain on the land, and a $10,000 loss on the building which is denied by s. 40(2)(g)(iii), the Directorate stated: Where a building constitutes depreciable property … [Reg. 1102(2)] has the effect of splitting the property into two for the purposes of the Act, namely the land and the building. In the case of a cottage that is a PUP, we are of the view that the land and the building will remain one and the same property for tax purposes if they constitute one and the same property for legal purposes. … [Here] the taxpayer will realize a capital gain of $15,000 on the disposition of his property. ...

28 June 2002 Internal T.I. 2002-0132427 F- RDTOH-- summary under Subsection 129(1) Summary Under Tax Topics- Income Tax Act- Section 129- Subsection 129(1) RDTOH reduced by dividend refund even if time limit for claiming the dividend refund has passed Portfolioco, which had a RDTOH account on December 31, 1997 of $200,000, paid a taxable dividend of $300,000 in its taxation year ended December 31, 1997, but did not file its return for that year within three years after the end of that taxation year, so that CCRA did not pay any dividend refund to Portfolioco. ... For the purposes of subsection 129(3) … the "dividend refund" means the amount equal to the lesser of the amounts set out in subparagraphs 129(1)(a)(i) and (ii). Consequently … the amount of Portfolioco's RDTOH account for its 1998 taxation year would be reduced by the $100,000 dividend refund that would have been made by the CCRA had Portfolioco filed its return of income in accordance with paragraph 150(1)(a). ...

18 December 2002 Internal T.I. 2002-0164817 F- HONORAIRES POUR SERVICES DE MANDATAIRE-- summary under Section 67 Summary Under Tax Topics- Income Tax Act- Section 67 CCRA policy on cost-plus-15% management companies of a professional inapplicable where it is providing agency services A professional paid his management company for 115% of the costs it purportedly incurred in managing his professional practice. ... In the case of an agent … the fees paid by the professional should be reasonable and correspond to the fair market value of the services rendered by the agent. Furthermore, if it were a genuine management company and not an agent of the professional, the CCRA would question the deductibility of the … fee if the management company had no employees to perform the functions for which the professional was billed. ...

8 May 2002 Internal T.I. 2002-0135737 F- REGIME DE CONGE A TRAITEMENT DIFFERE-- summary under Subparagraph 6801(a)(vi) Summary Under Tax Topics- Income Tax Regulations- Regulation 6801- Paragraph 6801(a)- Subparagraph 6801(a)(vi) s. 6(11) income recognition when apparent that the leave would not commence within 6 years/ Reg. 6801(a)(vi) does not to extend 6-year period but deals with leaves over one year A taxpayer joined a deferred salary leave plan pursuant to which the deferral period was from September 1, 1994 to September 1, 1997 and the leave was to be taken from September 1, 1997 to September 1, 1998. ... In 2002, the employer plans to pay the employee the amounts deferred over a 3-year period. ... The Directorate further observed: [S]ubparagraph 6801(a)(vi) … does not allow the inclusion of deferred amounts to be extended where the leave has not commenced within the maximum period allowed pursuant to subparagraph 6801(a)(i) …. ...

25 June 2002 Internal T.I. 2002-0130177 F- DEBENTURE CONVERTIBLE-- summary under Paragraph 20(1)(f) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(f) amount paid by corporation on conversion of convertible debentures was the stated capital of the issued shares, being the debentures’ face amount, so that no s. 20(1)(f) deduction The issuer, whose convertible debentures were converted, sought to take a ¾ deduction under s. 20(1)(f) based on the excess of the market value of the shares into which the debentures were converted over the face amount of the debentures. ...

16 August 2002 Internal T.I. 2002-0156577 F- ASSURANCE- INVALIDITE- PARITE-- summary under Paragraph 6(1)(f) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(f) previous contributions could be deducted from subsequent equalization adjustment received In finding that a taxpayer could deduct contributions made to a disability insurance plan between 1990 and 2001 from an equalization adjustment received in 2001 that related to disability insurance benefits received by the taxpayer in 1988, the Directorate stated: [T]he wording of the Act does not restrict the deductibility of contributions made between 1990 and 2001, even though they were made after the first benefits were paid in 1988 …. ...

9 May 2002 Internal T.I. 2002-0135307 F- Application du paragraphe 39(2)-- summary under Subsection 39(2) Summary Under Tax Topics- Income Tax Act- Section 39- Subsection 39(2) distribution by Delaware subsidiary that did not result in s. 40 application thereby did not engage s. 39(2) The Directorate found that s. 39(2) did not apply to a cash distribution made by a Delaware subsidiary of the taxpayer out of that subsidiary’s contributed surplus (that likely was a dividend for ITA purposes), stating: [S]ubsection 39(2) cannot apply in respect of a transaction that does not result in a gain or loss for the purposes of section 40. In this case, given that [the Delaware subsidiary] did not dispose of any property when the Surplus was repatriated, it follows that this transaction did not result in a gain within the meaning of section 40 …. ...

22 January 2002 Internal T.I. 2001-0100537 F- ENTENTE TEMPORAIRE PENSION ALIMENTAIRE-- summary under Commencement Day Summary Under Tax Topics- Income Tax Act- Section 56.1- Subsection 56.1(4)- Commencement Day cessation of temporary support variation agreement would effectively reverse the commencement day A temporary agreement signed by Monsieur and Madame indicating a change in the amount of support and custody of one of the children thereby caused a commencement day when the first payment was made, so that the new rules commended to apply. ... This has the effect of applying the old rules on support, which means that Monsieur could deduct the amounts paid and Madame would be taxed on the amounts received under that judgment …. ...

12 March 2002 Internal T.I. 2001-0094067 F- DEDOMMAGEMENT- TITRE DE PROPRIETE-- summary under Paragraph 3(a) Summary Under Tax Topics- Income Tax Act- Section 3- Paragraph 3(a) damages received for separated spouse’s unlawful use of taxpayer’s property were tax-free receipts Monsieur received damages from his separated common-law spouse (Madame) to compensate him for her use of his ½ co-ownership interest in a property as if she were the full owner. ...