Search - 微信撤回和删除的区别 官方

., 2016 SCC 56, [2016] 2 S.C.R. 720-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission rectification not available to correct planning errors With a goal of ensuring foreign exchange tax neutrality, Fairmont Hotels Inc. ... In finding that this rectification order should not have been given, Brown J stated (at paras 12, 19, 32 and 24): [R]ectification allows a court to achieve correspondence between the parties’ agreement and the substance of a legal instrument intended to record that agreement, when there is a discrepancy between the two. … The parties’ mistake in Juliar, however, was not in the recording of their intended agreement to transfer shares for a promissory note, but in selecting that mechanism instead of a shares-for-shares transfer. By granting the sought-after change of mechanism, the Court of Appeal in Juliar purported to “rectify” not merely the instrument recording the parties’ antecedent agreement, but that agreement itself where it failed to achieve the desired result or produced an unanticipated adverse consequence — that is, where it was the product of an error in judgment. … [T]he party seeking rectification must identify terms which were omitted or recorded incorrectly and which, correctly recorded, are sufficiently precise to constitute the terms of an enforceable agreement. ...

Canada (Attorney General), 2013 ABQB 489-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission superior court declines jurisdiction in tax dispute The federal Minister assessed the settlor of the appellant trust on the basis that the trust's taxable capital gain and investment income were taxable in his hands because the trust was a sham or invalidly settled, or because s. 75(2) applied. ... In dismissing an application to the Court to declare that the trust was valid, Nixon J adverted to the principle in Addison & Leyen Ltd v Canada, 2007 SCC 33 (CanLII), [2007] 2 S.C.R. 793, at para. 11 that "Judicial review should not be used to develop a new form of incidental litigation designed to circumvent the system of tax appeals established by Parliament and the jurisdiction of the Tax Court," and stated (at para. 66): The only dispute with respect to the validity of the Trust is with the CRA in relation to the payment of tax. ...

Canada, 2022 FCA 66-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt dividend was paid by way of retroactive set-off against shareholder loan account A shareholder loan balance that was owing by the taxpayer was eliminated through dividend declarations backdated to the three preceding years and paid by way of set-off. ... This set-off of debts had the same effect as if both debts had been paid by cross-payments (Eyeball Networks …). ...

A.G. of Canada, 2015 QCCA 837-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission thin cap issues were not considered at time of paying a dividend The appellant, which was a wholly-owned Ontario subsidiary of a Quebec corporation ("CTI"), paid a $136 million dividend to CTI in connection with a "Quebec shuffle" transaction. ... In finding that the appellant could not retroactively rectify the dividend so as to be a stated capital distribution instead, and after noting (at para. 34) that AES and Riopel dealt with related parties committing an error in giving effect to a "legitimate corporate transaction for the purpose of avoiding, deferring or minimizing tax" and correcting "that error to achieve the tax consequences originally and specifically intended and agreed upon," Schrager JA stated (at para. 43): The payment of the 136 million dollar dividend to CTI was intended and was effected. … Reduction of capital was not intended. The unintended consequences of the dividend, by ricochet, resulted from the thin capitalization rules and was not part and parcel of the transaction. … There was no common intention of the parties regarding these rules as they were never contemplated and so cannot be the object of a meeting of the minds to which a court can give effect. ...

The Queen, 2018 TCC 1 (Informal Procedure)-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt giving a spouse access to a joint account was not payment to her The taxpayer was a market dealer with a securities dealer (“WCM”), which provided support in the form of an assistant, shared with others and it answered “no” to the question in the T2200 as to whether the contract of employment required the taxpayer to pay for an assistant. ... Miller J dismissed the case, finding (at paras 11, 13 and 14): … There are no cheques to Ms. ... I conclude there is not. … I do not see how anything has been paid or expended to Ms. ...

Bishop (1902), 4 TC 464 (HL)-- summary under Payment & Receipt Summary Under Tax Topics- General Concepts- Payment & Receipt no constructive receipt The taxpayer, a UK life insurance company which was managed in London and had foreign branch businesses, was assessed for interest and dividends which it received on foreign securities held in the hands of agents abroad, and which were reinvested abroad, on the basis that it received such income in the U.K. ... …If it means something differing from or short of an actual receipt, then it seems to me that a constructive receipt is not recognised by the Statute, which in using the word "received" alone, must be taken to have used it having regard to its ordinary acceptation. … I am not myself prepared to say that what amongst business men is equivalent to a receipt of a sum of money is not a receipt within the meaning of the Statute…. ...

Canada (AG), 2014 DTC 5080 [at at 7056], 2014 MBQB 59-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission attempt to rescind employment contracts, on the basis that employees had not satisfied scientific research & experimental development requirements, was retroactive tax-planning CRA had found that the applicant's research into solutions for Sick Building Syndrome based on air treatment qualified for scientific research and experimental development credits. ...

Slate Management Corporation v Canada (Attorney General), 2016 ONSC 4216-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission a generalized intent to achieve a s. 88(1)(d) bump was a sufficient basis to rectify in order to redo an amalgamation A purchaser (“SCC”) used a newly-formed AcquisitionCo (“GTA”) to acquire a Target (“HCC”). ... Hainey J noted (at para 13): … [T]his is not a case in which tax planning has been done on a retroactive basis. ...

The Queen, 2014 TCC 368-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission Superior Court nullification of investment contracts did not nullify RRSP withdrawals The two taxpayers, who had been CN employees, were convinced by two promoters (the Lavignes) to transfer all the funds in their CN pension plans to self-directed RRSPs managed by the Lavignes, with most of the funds being lost. ... In finding that this judgment did not render the amounts withdrawn from the RRSPs non-taxable, Jorré J stated (paras. 39-40, TaxInterpretations translation): [T]he Superior Court recognized that the appellants had received the two amounts in question, as they were deducted from the amount invested in the calculation of the amount which the Superior Court ordered the defendants to pay to the appellant. … Consequently, the nullification pronounced by the Superior Court does not change the fact that the appellants received the amounts…in question and that they were amounts withdrawn from their respective RRSPs. ...

., 2018 BCSC 1482-- summary under Rectification & Rescission Summary Under Tax Topics- General Concepts- Rectification & Rescission resolution for incorrectly calculated capital dividend rectified to reflect intention to clean-out CDA The petitioner, a Manitoba corporation with 24 shareholders, passed a resolution on November 20, 2015 that recited that “the company has a capital dividend account of the amount of $298,092”, declared a dividend in that amount “from the Company’s Capital Dividend Account pursuant to Subsection 83(2),” and directed the filing of a capital dividend election “in order to have the rules set forth in Subsection 83(2) … apply to the full amount of the dividend.” ...