Search - 广东省2002政府工作报告 一小发展 金句

Canada, 2014 ONSC 7302, aff'd supra, rev'd 2016 SCC 56-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission continuing non-specific intention to maintain a tax neutral structure In order to facilitate the acquisition in 2002 of a hotel in Washington by a REIT ("Legacy") of which it was the manager, Fairmont Hotels Inc. ... In granting an application to rectify the 2007 unwinding transactions so that the U.S. dollars advanced by FHIW Canada to FHI were a loan rather than redemption proceeds (and in responding to the Attorney General's position (at para. 21) "that a loan to FHI…was not part of the plan in 2006 or even 2007"), Newbould J found that from 2002 on there had been a continuing Fairmont intention for the reciprocal loan arrangement to be tax neutral (although "they had no specific plan as to how they would" "deal with the unhedged position of FHIW Canada" following the 2006 acquisition of control" (para. 33)), that "the purpose of the 2007 unwind of the loans was not to redeem the preference shares of FHIW Canada or FHIS Canada, but to unwind the loans on a tax free basis," and that "the redemption of the preference shares was mistakenly chosen as the means to do so" (para. 43). As he was bound by Juliar, he did not have the "luxury" of following Graymar and, in any event, he did not think that Brown J in that case "has accurately described what happened in Juliar " (para. 41). ...

Canada, 2015 ONCA 441, aff'g 2014 ONSC 7302, leave granted, SCC docket 36606-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission continuing non-specific intention to maintain a tax neutral structure In order to facilitate the acquisition in 2002 of a hotel in Washington by a REIT ("Legacy") of which it was the manager, Fairmont Hotels Inc. ... Simmons JA noted (at para. 5) that, in granting an application to rectify the 2007 unwinding transactions so that the U.S. dollars advanced by FHIW Canada to FHI were a loan rather than redemption proceeds, Newbould J had found that from 2002 on there had been a continuing Fairmont intention for the reciprocal loan arrangement "to be carried out on a tax…neutral basis through a plan whereby any foreign exchange gains would be offset by corresponding foreign exchange losses" and that "the preferred shares of the two relevant companies…would not be redeemed." In dismissing the crown's appeal, Simmons JA stated (at paras. 10, 12): Juliar … does not require that the party seeking rectification must have determined the precise mechanics or means by which the party's settled intention to achieve a specific tax outcome would be realized. ...

(Re), 2014 BCSC 1791-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission failure to file timely tax returns did not invoke the dirty hands bar to equitable rescission In 2011, the petitioners conveyed undeveloped B.C. lands to a limited partnership with an affiliated general partner. ... Tsavliris Salvage (International) Ltd., [2002] EWCA Civ 1407, [2002] 4 All E.R. 689 (C.A.), Loo J stated (at para. 73) that here "the CRA does not argue that the equitable doctrine of mistake is not available. ...

., 2015 ONSC 7189-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission stock option deduction was peripheral to the larger share sale transaction The general partner of an Ontario limited partnership (“Atria”) granted stock options on its Class C shares to 10 Atria executives. ... Respecting the second point, he stated (at para. 42) before quoting Performance Industries, 2002 SCC 19, at para. 31 that “rectification in cases of unilateral mistake is possible, but the requirements for invoking this doctrine are intentionally much, much narrower and thus more demanding.” ...

.), aff'd 2002 SCC 47-- summary under Reasonable Expectation of Profit Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Reasonable Expectation of Profit A limited partnership purchased a mini-warehouse for a purchase price ($2.2 million) that was approximately twice the cost to the promoter-associated vendor of the property. ... In reversing this finding, Robertson J.A. stated: "... there is no 'personal element' involved in the series of transactions under review. ...

., [2001] GSTC 57, aff’d 2002 FCA 347-- summary under Agency Summary Under Tax Topics- General Concepts- Agency trucker presumed not to be an unlicensed insurer The appellant (“Libra”) carried on a truck transport business at volumes which exceeded the capacity of its own four rigs, so that it contracted with over 20 subcontractors, who owned their own rigs and operated them under the Libra umbrella. ... Bowie J stated (at para. 13): [O]nly an insurance company licensed to do so may sell insurance, and only a provincial government may sell motor vehicle licences… Vanex Truck Service was distinguished (at para. 17) on the basis that: [W]hat Vanex supplied to the drivers was the right to drive their vehicles with the benefit of licences and insurance for which it had paid … [and] the Appellant does not appear to have advanced an argument based on agency in that case. ...

Before voiding the search warrant for the law firm premises and ordering the related documents to be returned, Hilton JCA stated (at paras. 43, 44, 47, 48, 51): Justice Arbour reminded…in Lavalee, Rackel & Heintz v. Canada … [2002] 3 S.C.R. 209 [para. 49]: …Before searching a law office, the investigative authorities must satisfy the issuing justice that there exists no other reasonable alternative to the search. … The Agency had an affirmative obligation, which it disregarded, to demonstrate that there was no other alternative solution, and the judge could not ignore this. … [T]he simple fact that a Trimax representative had mentioned that there were documents at his lawyer did not establish that such documents could not be found elsewhere. … The absence of an alternative solution was not at all addressed in the information and the judge could not satisfy her formal review obligation respecting such absence on the basis of other alleged facts. … [I]t would appear that it was ease and convenience which motivated the request for a search warrant for the law firm…. ...

Diamond J found that the plaintiff’s claim was not statute-barred by reason of the Limitations Act 2002, stating (at paras 22 and 23): 24 Gold submits that … “at the very latest, the plaintiff ought to have issued a Statement of Claim by the summer of the year 2012” (i.e. at the conclusion of the series of its transactions with 24 Gold). Section 5(1)(a)(iv) of the Limitations Act 2002 requires a person to have known that, having regard to the nature of the person’s loss, a legal proceeding would be an appropriate means to seek to remedy that loss. … Only when the plaintiff ended up paying the HST itself did it acquire a cause of action for the debt now due by 24 Gold. While I do not condone the delay on the part of the plaintiff to properly invoice the subject transactions, the bottom line is that the plaintiff could not commence a legal proceeding until the CRA audit resulted in the payment by the plaintiff of the outstanding HST. … As such, the limitation period did not commence until, at the earliest, June 1, 2015. ...

In September 2002, Veracity acquired a further 30,000 Gaz Metro units. The payment of the directors’ fees before August 31, 2002 (together with allocations on the Gaz Metro units not occurring until after August 31, 2002) ensured that when the taxable capital gain was reported for the August 31, 2002 Quebec taxation year, the Quebec allocation formula allocated 100% of that income to B.C. ... How the provinces tax that income, if at all, is beyond the purpose, object and spirit of the Allocation Rules. … I note the… comment in Copthorne …that: … in some cases the underlying rationale of a provision would be no broader than the text itself. … [T]he underlying rationale of providing a mechanism of allocation is fully explained by the formula it provides, choosing, as it did, to use gross revenues and salaries and wages as the factors. ...

Its 2002 return indicated “OC” [outside Canada] as its jurisdiction. CRA commenced to audit the transaction more than four years after the initial assessment of the 2002 year and reassessed Wesbild in December 2011 for the difference on the taxable capital gain between the 13.5% B.C. tax rate and the 10% federal tax abatement credit. ... In finding that Wesbild had not made a misrepresentation, Fitzpatrick J. concluded (at para. 143): [The 2002 Return] indicated a filing position that was clearly more than arguable based on the… jurisprudence on the issue. ... The CRA was, of course, more than able to understand that filing position and take whatever steps it wished to challenge that position. … Simply, the filing position in the 2002 Return was certainly a representation, but it was not a mis representation of any kind. … Accordingly… s. 152(4)(a)(i) is not available… to allow the CRA to reassess outside of the normal reassessment period. ...