Search - 广东省2005政府工作报告 一小发展 金句

The taxable income of the affiliate for 2000 had arisen as a result of a 2005 settlement which had reduced a 2001 non-capital loss (and, thus, reduced the loss carryback to 2000), thereby leaving 2000 unsheltered. ... Noël C.J. also agreed with the Tax Court’s rejection of the taxpayer’s submission that given that the word “pour” used in the French version of s. 160(1)(e)(ii) was narrower than “in respect of” used in the English version, s. 160 did not extend to interest that had accrued on the tax payable subsequent to the 2003 transfer date, stating (at paras. 46-47): The phrase “in respect of” is broad and all encompassing … and the word “pour” in the French text can have a similarly broad meaning. … It can be seen that both texts can be read so as to capture interest that accrues on the transferor’s liability from the year of the transfer onwards. This aligns with the purpose of subsection 160(1) which is to allow for the collection of “the total of all amounts” that the transferor is liable to pay under the Act without any distinction as to the makeup of these amounts … and without any time limitation. … Neal Armstrong. ...

24 August 2022- 11:22pm Barrs – Federal Court of Appeal finds that disproportionate interest could be cancelled by CRA to compensate for the s. 220(3.1) 10-year limitation and produce horizontal equity Email this Content A group of taxpayers, who were the victims of a tax fraud, i.e., purported partnerships giving rise to large reported losses in the mid-1980s where, in fact, the partnerships were non-existent, ultimately had their Tax Court actions decided against them in 2014. ... The lower relief for the 2014 application was considered by CRA to reflect the application to those applicants of the prohibition, after a 2005 amendment to s. 220(3.1), to going back more than 10 years with interest relief. ... Furthermore: Given that the independent third-level review officer failed to engage with the request for greater relief in the open years to ensure equitable treatment, his decision must be set aside. … Failure to engage with an important argument advanced by a party will generally render an administrative decision unreasonable [citing Vavilov] …. ...

15 November 2020- 10:37pm Custeau – Quebec Court of Appeal finds that Copthorne does not require the s. 248(10) “in contemplation of” test to be applied on a backwards-looking basis Email this Content When a family small business corporation (the “Corporation”) was in financial difficulty, two Quebec regional development funds agreed in 1997 and 1998 (with an objective of saving jobs) to inject equity capital in the Corporation on terms largely dictated by them. ... The funds’ common shares of the Corporation were repurchased in 2005 (the Corporation had done quite well), and the taxpayers had their Holdcos distribute most of their PUC in cash during 2006. ...

7 March 2022- 10:56pm We have translated 8 more CRA interpretations Email this Content We have published a further 8 translations of CRA interpretation released in May, 2005. ... These are additions to our set of 1,950 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¾ years of releases of such items by the Directorate. ... Bundle Date Translated severed letter Summaries under Summary descriptor 2005-05-20 25 April 2005 Internal T.I. 2004-0108301I7 F- Coût d'une automobile Income Tax Act- Section 6- Subsection 6(2)- Element C cost of automobile acquired pursuant to exercise of bargain purchase option increased under s. 49(3) by portion of each preceding lease payment treated as an option premium Income Tax Act- Section 49- Subsection 49(3) each car lease payment contained an embedded premium referable to the bargain purchase option, which was added under s. 49(3) 2005-05-13 18 April 2005 External T.I. 2004-0093821E5 F- Fiducie créée par testament Income Tax Act- Section 70- Subsection 70(6)- Paragraph 70(6)(b) spouse electing not to receive income, so that it is added to corpus, does not taint spouse trust status Income Tax Act- 101-110- Section 108- Subsection 108(1)- Testamentary Trust- Paragraph (c)- Subparagraph (c)(i) beneficiary electing not to receive income before it becomes payable does not taint the trust (cf. renouncing income already payable) 13 April 2005 Internal T.I. 2004-0109071I7 F- Partie XIII et revenus locatifs Income Tax Act- Section 216- Subsection 216(4) services provided by property manager to tenant were sufficiently limited to permit making the s. 216(4) election Income Tax Act- Section 215- Subsection 215(3) property manager required to withhold on the gross rents collected absent a s. 216(4) election 18 April 2005 External T.I. 2004-0096231E5 F- Déduction de l'impôt payable- emploi à l'étranger Income Tax Act- Section 122.3- Subsection 122.3(1)- Paragraph 122.3(1)(a) severance allowance not employment income until year of receipt 3 May 2005 Internal T.I. 2005-0120021I7 F- Pension de retraite provenant de la France Treaties- Income Tax Conventions- Article 18 pension exemption under French Treaty continues to apply in the hands of surviving spouse 4 May 2005 External T.I. 2005-0120271E5 F- Change of Control- CDA & RDTOH Income Tax Act- Section 256- Subsection 256(7)- Paragraph 256(7)(a)- Subparagraph 256(7)(a)(i)- Clause 256(7)(a)(i)(A) s. 256(7)(a)(i)(A) applied where taxpayer acquired shares of CCPC from his sister 22 March 2005 External T.I. 2004-0098591E5 F- Application de l'alinéa 212(9)d) proposé Income Tax Act- Section 212- Subsection 212(9)- Paragraph 212(9)(d) extension to provincial regulatory authority under review 11 April 2005 External T.I. 2004-0091721E5 F- Usufruit d'un bien immeuble situé en France Income Tax Act- Section 248- Subsection 248(3)- Paragraph 248(3)(a) usufructuary of rental property received the rental income under s. 108(5)(a) as deemed trust income beneficiary ...

15 March 2022- 12:03am We have translated 8 more CRA interpretations Email this Content We have published a further 8 translations of CRA interpretation released in May and April, 2005. ... These are additions to our set of 1,958 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¾ years of releases of such items by the Directorate. ... Bundle Date Translated severed letter Summaries under Summary descriptor 2005-05-06 20 April 2005 External T.I. 2005-0110421E5 F- ACB BUMP on an AMALGAMATION Income Tax Act- Section 88- Subsection 88(1)- Paragraph 88(1)(c)- Subparagraph 88(1)(c)(iii) land included in timber limit is ineligible property Income Tax Act- Section 13- Subsection 13(21)- Depreciable Property land included in timber limit is depreciable property 2 May 2005 Internal T.I. 2005-0113941I7 F- Reassessment in the Extended Reassessment Period Income Tax Act- Section 152- Subsection 152(4)- Paragraph 152(4)(b)- Subparagraph 152(4)(b)(i) notwithstanding Agazarian, CRA may allow a consequential reallocation of the SBD where it reassesses under s. 152(4)(b)(i) to reduce a loss carryback (and will also adjust M&P credit) 2 May 2005 Internal T.I. 2005-0119971I7 F- CDA- Excessive Election & Late Filed Election Income Tax Act- Section 184- Subsection 184(3) where the corporation failed to file s. 83(2) election, CRA should assess Pt. ...

28 February 2022- 11:01pm We have translated 10 more CRA severed letters Email this Content We have published translations of a CRA ruling and interpretation released last week and a further 8 translations of CRA interpretation released in May, 2005. ... These are additions to our set of 1,942 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¾ years of releases of such items by the Directorate. ... Bundle Date Translated severed letter Summaries under Summary descriptor 2022-02-23 2021 Ruling 2020-0874931R3 F- Post-mortem Pipeline Income Tax Act- Section 251.2- Subsection 251.2(2)- Paragraph 251.2(2)(a) replacement of an executor resulted in an acquisition of control of subsidiaries Income Tax Act- Section 84- Subsection 84(2) pipeline using a joint Newco of children and estate 5 November 2021 External T.I. 2019-0812631E5 F- Allocation canadienne pour enfants et garde partagée Income Tax Act- Section 122.6- Shared-Custody Parent- Paragraph (b) Lavrinenko interpretation regarding a shared-custody parent was legislatively overruled retroactively 2005-05-27 16 May 2005 Internal T.I. 2005-0119061I7 F- Montant d'aide-actions Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(x)- Subpargraph 12(1)(x)(viii) funding of film production company by shares rather than loan would not give rise to assistance Income Tax Act- Section 125.4- Subsection 125.4(1)- Assistance- Paragraph (a) conversion of loan that was taxable assistance into shares is not itself assistance] Income Tax Act- Section 80- Subsection 80(1)- Excluded Obligation- Paragraph (a) conversion of loan that was taxable assistance under s. 12(1)(x) into shares with lower FMV would not give rise to forgiven amount Income Tax Regulations- Regulation 1106- Subsection 1106(1)- Excluded Production- Paragraph (a)- Subparagraph (a)(iii) transfer of all the revenues to a film implies a transfer of its copyright General Concepts- Ownership transfer of the economic benefit of copyright entails transfer of its ownership Income Tax Act- Section 53- Subsection 53(1)- Paragraph 53(1)(c) subscription for shares of sub at overvalue constitutes a contribution of capital, generating a s. 53(1)(c) basis bump 2005-05-20 13 May 2005 External T.I. 2005-0126531E5 F- Capital Gain Strip/Significant Increase Income Tax Act- Section 55- Subsection 55(3)- Paragraph 55(3)(a)- Subparagraph 55(3)(a)(v) employees’ subscription for shares of employeeco and redemption years later of employeeco preferred shares held by parentco engaged the s. 55(3)(a)(v) exclusion Income Tax Act- Section 55- Subsection 55(3)- Paragraph 55(3)(a)- Subparagraph 55(3)(a)(ii) subscription by employees for shares of employeeco was part of series of transactions resulting in the redemption of shares held in employeeco, so that s. 55(3)(a)(ii) exclusion applied 13 May 2005 Internal T.I. 2005-0127041I7 F- Revisions of CCA and non-capital loss claims Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(a)- Revising Claims permissible to revise return to increase CCA and decrease NCL carryforward to that year 26 April 2005 External T.I. 2004-0107761E5 F- Aide à domicile/SAAQ Income Tax Act- Section 3- Paragraph 3(a)- Business Source/Reasonable Expectation of Profit Maurice inapplicable where the adult, mentally capable, victim receives the insurance himself and pays it as compensation for his wife’s care services Income Tax Act- Section 9- Timing amount not business income until the entitlement thereto was determined 2 May 2005 External T.I. 2005-0115461E5 F- Résidence des membres du clergé Income Tax Act- Section 8- Subsection 8(1)- Paragraph 8(1)(c) RC pastoral workers did not qualify 6 May 2005 External T.I. 2005-0116981E5 F- Rollover under section 85 of an ECP Income Tax Act- Section 14- Subsection 14(1)- Paragraph 14(1)(a) “exempt gains balance" is of no utility in calculating the amount to be included in income under … 14(1)(a)" 29 April 2005 External T.I. 2005-0117371E5 F- Ristourne payée à une société de personnes Income Tax Act- Section 135- Subsection 135(3) partnership is a look-though entity for patronage dividend withholding tax purposes 4 May 2005 Internal T.I. 2005-0121761I7 F- Déduction des intérêts- améliorations locatives Income Tax Act- Section 18- Subsection 18(3.1)- Paragraph 18(3.1)(a) s. 18(3.1) generally inapplicable to borrowing by tenant to make leasehold improvements ...

21 March 2022- 11:18pm We have translated 11 more CRA interpretations Email this Content We have published 3 translations of CRA interpretations released last week and a further 8 translations of CRA interpretation released in April, 2005. ... These are additions to our set of 1,969 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¾ years of releases of such items by the Directorate. ... Bundle Date Translated severed letter Summaries under Summary descriptor 2022-03-16 4 May 2021 External T.I. 2020-0853361E5 F- Frais d'asepsie / asepsis fees Income Tax Act- Section 118.2- Subsection 118.2(2)- Paragraph 118.2(2)(a) additional dentists’ charges for COVID precautions qualified 1 June 2021 Internal T.I. 2020-0858471I7 F- Paiement forfaitaire rétroactif admissible Income Tax Act- 101-110- Section 110.2- Subsection 110.2(1)- Qualifying Amount- Paragraph (a)- Subparagraph (a)(i) pay equity awards agreed to consensually did not qualify 23 June 2020 External T.I. 2020-0847641E5 F- SSUC- Entité déterminée et institution publique CEWS comments mirror those in 2020-0846261E5 2005-04-15 1 April 2005 External T.I. 2004-0097171E5 F- Item gagné lors d'un tirage Income Tax Act- Section 3- Paragraph 3(a) position on exempt lottery winnings did not apply to extent prize was indirectly funded by employer Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) prize won in raffle by employee was includible in employee’s income to the extent of the portion of its value that was funded by the employer rather than fellow employees 31 March 2005 External T.I. 2004-0101171E5 F- Entreprise de placement déterminée Income Tax Act- Section 125- Subsection 125(7)- Specified Investment Business- Paragraph (b) para. ...

7 February 2022- 11:07pm We have translated 8 more CRA interpretations Email this Content We have published a further 8 translations of CRA interpretation released in July, 2005. ... These are additions to our set of 1,915 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ½ years of releases of such items by the Directorate. ... Bundle Date Translated severed letter Summaries under Summary descriptor 2005-07-29 28 June 2005 Internal T.I. 2005-0115721I7 F- Entreprise de prestation de services personnels Income Tax Act- Section 125- Subsection 125(7)- Personal Services Business high degree of control and integration with the business of a corporation established that the respective services providers had PSBs 21 June 2005 Internal T.I. 2005-0120341I7 F- Paragraphe 80(15). ...

18 April 2022- 10:50pm We have translated over 2,000 CRA interpretations Email this Content We have published a further 8 translations of CRA interpretation released in February, 2005. ... Bundle Date Translated severed letter Summaries under Summary descriptor 2005-02-18 16 February 2005 External T.I. 2004-0097161E5 F- Fin d'exercice d'une société de personnes Income Tax Act- Section 249.1- Subsection 249.1(4)- Paragraph 249.1(4)(b) requirement that there not be a multi-tier partnership must be satisfied each fiscal period 8 February 2005 Internal T.I. 2004-0099681I7 F- Remboursement de frais de déménagement Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) reimbursement of reasonable living expenses incurred until the employee permanently occupies new home in employer’s area is not a benefit 16 February 2005 Internal T.I. 2004-0105401I7 F- Frais de publicité Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Income-Producing Purpose costs of commenting on an issue unrelated to the business were non-deductible 17 September 1998 External T.I. 98222950 F- Régime d'accession à la propriété- habitation admissible Income Tax Act- Section 146.01- Subsection 146.01(1)- Qualifying Home qualifying home can be part of a larger commercial buildingAlso referred to as 9822295 17 February 2005 External T.I. 2004-0090411E5 F- Bien de remplacement-dispos. involontaire Income Tax Act- Section 44- Subsection 44(5)- Paragraph 44(5)(a.1) replacement property potentially can be held through a partnership if the partnership property is physically similar Income Tax Act- Section 13- Subsection 13(4) rollover not available where building replaced by interest in partnership carrying on a similar business because the partnership interest is not depreciable property 2005-02-11 2 February 2005 External T.I. 2004-0104671E5 F- Convention de retraite- Fonds mis de côté Income Tax Act- Section 248- Subsection 248(1)- Salary Deferral Arrangement amounts agreed to be paid post-retirement do not create an SDA if they are not reasonably regarded as deferred salary Income Tax Act- Section 248- Subsection 248(1)- Retirement Compensation Arrangement no requirement that payment to the other be in trust 3 February 2005 External T.I. 2005-0111871E5 F- Intérêts / mise à part de l'argent Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(c)- Subparagraph 20(1)(c)(i) cash damming to pay current deductible business expenses is an eligible use which continues with the business 3 February 2005 External T.I. 2005-0112141E5 F- Safe income Income Tax Act- Section 55- Subsection 55(2.1)- Paragraph 55(2.1)(c) safe income prorated on a partial crystallization of an accrued gain ...

17 January 2022- 10:47pm We have translated 10 more CRA interpretations Email this Content We have published a further 10 translations of CRA interpretation released in October, 2005. ... These are additions to our set of 1,890 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¼ years of releases of such items by the Directorate. ... Repairs or Running Expense periodic (every 3 years) required actuarial valuations were currently deductible Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Legal and other Professional Fees accounting fees in preparing consolidated financial statements generally deductible 13 September 2005 External T.I. 2005-0148831E5 F- REÉR- retenues à la source Income Tax Act- Section 153- Subsection 153(1)- Paragraph 153(1)(j) no discretion (otherwise than under s. 153(1.1)) to relieve from withholding for an in-kind distribution 4 October 2005 External T.I. 2005-0149671E5 F- Congé à traitement différé Income Tax Regulations- Regulation 6801- Paragraph 6801(a)- Subparagraph 6801(1)(a)(v) returning to pre-retirement leave is not returning to “regular” employment 29 August 2005 External T.I. 2005-0125811E5 F- Actions prescrites: 6204(1)b) du Règlement Income Tax Regulations- Regulation 6204- Subsection 6204(1)- Paragraph 6204(1)(b) likelihood that employees’ stock option shares would be immediately repurchased meant they were not prescribed shares Income Tax Act- Section 248- Subsection 248(28) s. 248(28) does not preclude the application of s. 84(3) on the exercise of employee stock options and the immediate redemption of the acquired shares 18 October 2005 Internal T.I. 2005-0133411I7 F- Penalty for repeated failures to report income Income Tax Act- Section 163- Subsection 163(1) simultaneous filing of returns for three successive years, each with unreported income, did not engage s. 163(1) (if no unreported income in prior years) 8 September 2005 Internal T.I. 2005-0133721I7 F- Crédit d'impôt- fonds de travailleurs Income Tax Act- Section 211.8- Subsection 211.8(1) no s. 211.8(1) tax where shares of provincially regulated LSVCC are redeemed and where there is no acquisition of replacement shares 30 August 2005 External T.I. 2005-0134081E5 F- Transfert d'un REER entre conjoints de fait Income Tax Act- Section 146- Subsection 146(16)- Paragraph 146(16)(b) application to RRSP transfer between two separated common-law partners pursuant to written separation agreement 17 August 2005 External T.I. 2005-0135911E5 F- REEE- Établissement d'enseignement à l'étranger Income Tax Act- Section 146.1- Subsection 146.1(1)- Post-Secondary Educational Institution a foreign educational institution that is listed in the American Council on Education's Accredited Institutions of Postsecondary Education will be recognized as a "post-secondary educational institution" 6 October 2005 External T.I. 2005-0146061E5 F- Coop de travailleurs actionnaire- montants versés Income Tax Act- Section 82- Subsection 82(1)- Paragraph 82(1)(a) interest on a preferred share was a dividend Income Tax Act- Section 136- Subsection 136(2) workers shareholder cooperative qualified Income Tax Act- Section 135- Subsection 135(4)- Allocation in Proportion to Patronage patronage dividend based on volume of work performed ...