Search - 报销 发票日期 消费日期不一致

After noting that this structure appeared to be intended to maximize the small business deductions by the five managementcos, CRA stated: According … Hughes Homes … 98 DTC 1082 … taxpayers have the burden of demonstrating that the fundamental reasons for the existence of the corporations are not tax-related. … [I]t seems unlikely that the corporate structure was put in place by the Individuals for reasons other than tax: … an operating corporation is created and used for each of the projects involving a real business risk; the payment of management fees to the management corporations instead of the payment of dividends (if the Operator had paid dividends, the management corporations would have been specified investment business corporations); … 4 out of 5 of the individuals are related by blood. ...

James, 66 DTC 5241for the proposition that “a request for an adjustment to the computation of net income to create a non-capital loss or increase such loss by taking into account the business losses realized during the 1995, 1996 and 1997 taxation years would be acceptable even if a new notice of assessment cannot be issued for those years,” and then stated: Pursuant to subsection 122.5(3), the GSTC is an amount “deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year …”. Under subsection 152(1), the Minister reviews the return of income, assesses the tax and determines “the amount of tax … deemed by subsection … 122.5(3) … to be paid on account of the taxpayer’s tax payable under this Part for the year.” ...

CRA stated: In the case of a corporation, some of whose activities are employee lease-out services, that is, that the employee's services are retained by that corporation but the employee's duties are performed, in whole or in part, for another organization …, it is necessary to determine whether the corporation is carrying on a separate business … because … the employment income of an Indian from each of the businesses of such a corporation is … a separate property for the purposes of … section 87 …. ...

9 July 2024 Internal T.I. 2023-0976691I7- Film Tax Credit and Alter Ego Trust-- summary under Ownership Summary Under Tax Topics- General Concepts- Ownership the property of an alter ego trust “belonged” to its sole trustee and life beneficiary rather than to the trust In order for a fee paid to a corporation for the executive producer servicers of an individual employed by the corporation to qualify for the B.C. production services tax credit, there was a requirement (essentially copied from ITA s. 125.4(1) – labour expenditure – (b)(iii) and s. 125.5(1) – Canadian labour expenditure- (b)(iii)) that the shares of the corporation “belong” to a BC-based individual – whereas, here, the shares were held by the individual in his capacity of trustee of an alter ego trust which had been settled by him (to avoid B.C. probate duties) and of which he was the life beneficiary. In finding that this shareholding satisfied the above “belong to” test, rather than the shares belonging to the trust, the Directorate stated: [T]he shares … belong to [the individual] and not the Trust for purposes of the tax credit. ... {Here] … [the individual] has legal ownership of the shares in [the individual’s] role as trustee, and beneficial ownership of the shares as the sole beneficiary who is entitled to the income on the shares while [the individual] is alive …. ...

4 July 2025 Internal T.I. 2025-1054791I7 F- Provincial allocation- CEWS-- summary under Subsection 402(3) Summary Under Tax Topics- Income Tax Regulations- Regulation 402- Subsection 402(3) CEWS is excluded from gross revenue and wages for Reg. 402(3) purposes Regarding whether the Canadian emergency wage subsidy ("CEWS") should be included in computing the amount of gross revenue for the purposes of Reg. 402(3), CRA stated: Although amounts received in respect of the CEWS are generally included in the taxpayer's income for the purposes of the Act … such amounts should not be included in computing gross revenue for the purposes of [Reg.] 402(3) … [i]n accordance with … our Directorate's long-standing position … that financial assistance received by a corporation from a government in respect of expenditures incurred or to be incurred by the taxpayer is normally be excluded in determining gross revenue" for Pt. ... Consequently, the portion of the allocation formula based on salaries and wages provided for in subparagraph 402(3)(a)(ii) … must not include the CEWS. ...

Rather … this type of benefit is included in computing a taxpayer's income under paragraph 56(1)(a). Indeed … subparagraph 56(1)(a)(vii) … provides that a benefit paid under [such] Act … will be included in computing a taxpayer's income …. ...

The Directorate noted that the relevant BC ITA provisions were modeled on ITA s. 125.4(1) – labour expenditure – (b)(iii) and s. 125.5(1) – Canadian labour expenditure- (b)(iii). In finding that this shareholding satisfied the above “belong to” test, rather than the shares belonging to the trust under the position of the TSO, the Directorate stated: [T]he shares … belong to [the individual] and not the Trust for purposes of the tax credit. ...

. … In addition … February 24, 2004 Legislative Proposals … which provides relief from the application of the loss limitation rule in subsection 93(2) in certain circumstances, confirms, in our view, that this provision is technically applicable in a situation where a loss on the disposition of shares of a FA is solely due to a currency fluctuation. ...

After finding that such amounts were not a reserve described in s. 181.2(3)(c), and in finding that they were includible in taxable capital pursuant to s. 181.2(3)(b) as “advances,” the Directorate stated: The word "advance" … denotes, inter alia, the lending of money or the payment of an amount against the price of a contract for services or goods, paid before the contract is performed, the services rendered or the goods delivered. … [I]n this context … the consideration to be received by customers is … the XXXXXXXXXX service offered by the corporation. ...

The CRA accepts that, pursuant to the tax relief measure described in paragraph 7 of Article XXI … a gift made by a Canadian resident to a U.S. 501(c)(3) organization will be an eligible gift for purposes of the deduction in computing taxable income under section 110.1 …. or a non-refundable tax credit … under section 118.1 … subject to the income limitations, described in those sections, from U.S. sources. ... [S]ince subsections 149.1(2), (3) and (4) … govern the revocation of a charity’s registered status, and not the imposition of taxes, the Canada-U.S. ... Accordingly … Article XXI[(7)] of the Canada-U.S. Treaty does not deem a U.S. 501(c)(3) organization to be a qualified donee, for purposes of subsections 149.1(2), (3) and (4) …. ...