Search - 水晶光电 行业地位 发展趋势

. – Federal Court of Appeal finds that the proceeds of depreciable property were not reduced by assumed pension obligations Email this Content The taxpayer sold a contract-manufacturing business to an affiliated Canadian company. ... After referring to Daishowa‑Marubeni, Webb JA stated: [T]he pension obligations were not imbedded in the Equipment, they arose because the vendor had pension obligations to its employees. … [I]n applying section 69 of the Act, the proceeds of disposition are not determined for the business per se, but rather separately for each particular asset comprising the business … that was sold. ...

Respecting the leveraged donation, they borrowed money from FT at 7.85% p.a. – of which 3.75% p.a. was required to be paid annually in cash (“cash-pay interest”) and the balance was capitalized each year (“capitalized interest”). ... …In the absence of an actual crystallizing event there is simply no way of knowing the actual amount that the … LP is entitled to be paid under the terms of the Linked Notes…. ... The Queen, 2017 TCC 174 under s. 118.1(1) – total charitable gifts, s. 143.2(7)(a), s. 143.2(12), Reg. 7000(2)(d), s. 20(1)(c)(i) and Statutory Interpretation – Realization Principle. ...

24 September 2017- 8:12pm Pellerin – Quebec Court of Appeal finds that proof that auditors got bonuses for assessing would not change the burden of proof Email this Content The Quebec Court of Appeal rejected a submission that proof that an ARQ auditor would enjoy an increased bonus as a result of assessing the taxpayer would reverse the normal burden of proof on the taxpayer to establish prima facie proof of the incorrectness of the assessment. ... Agence du revenu du Québec, 2017 QCCA 1339 under General Concepts – Onus. ...

16 January 2019- 11:56pm Reyes – Federal Court of Appeal finds that Columbia-source government pension was not exempt from Canadian tax Email this Content Gauthier JA found that Canada had the clear right under Art. 17 of the Canada-Columbia Convention to tax a former Columbia government employee (now resident in Canada) on a pension from Columbia that was exempt under the Columbia tax laws. ... Canada, 2019 FCA 7 under Treaties – Income Tax Conventions- Art. 18. ...

3 January 2024- 11:15pm 9331-0688 Québec – Tax Court of Canada finds that three corporations wholly-owned by an individual could not make an ETA s. 156 election Email this Content Jorré J found that three corporations were ineligible to make the ETA s. 156(2) nil consideration election because they were not “closely related,” i.e., their mutual shareholder was an individual rather than a corporation. ... The King, 2023 CCI 173 under s. 156(1) – qualifying group. ...

31 May 2017- 1:25am Green – Federal Court of Appeal states that an upper-tier partnership should not compute its income Email this Content CRA considered that business losses incurred by lower-tier partnerships (the PSLPs) were deemed to be limited partnership losses of an upper-tier LP (MLP) – which meant that they were effectively trapped in MLP given that s. 111 (and, thus, the ability to deduct limited partnership losses under s. 111(1)(e)) was only available to a taxpayer and not to a partnership such as MLP. ... [emphasis added] Since MLP was not supposed to compute its income, does this mean that the adjusted cost base of its units do not reflect the income or loss earned by it (but still reflect the distributions made by it out of those earnings) – or in the post- Green world, is the ACB of interests in an upper-tier partnership now an irrelevancy since the partnership is transparent? ...

23 June 2017- 7:58am 2763478 Canada – Tax Court of Canada finds that not all the transactions in a value-shift scheme were infused with an estate-freezing purpose Email this Content An individual did not sell his shares of an operating company (Groupe AST) directly to a third-party purchaser. ... Although, unlike Triad Gestco and 1207192, the capital gains – to be offset by the value-shift loss – were realized in internal transactions, this was not a relevant difference. ...

15 October 2017- 1:11pm Univar – Federal Court of Appeal finds that using old s. 212.1(4) to extract surplus from a non-resident target’s Canadian sub was not abusive Email this Content A non-resident's acquisition of the shares of a Netherlands public company (Univar NV) indirectly holding the shares of a valuable Canadian sub (Univar Canada) with nominal paid-up capital was structured to effectively step-up the PUC of the shares of Univar Canada to fair market value by using the pre-2016 version of s. 212.1(4). This was accomplished by setting up a sandwich structure immediately after the acquisition, under which a new Canadian ULC, capitalized with notes and high-PUC shares, held the shares of a U.S. corporation holding Univar Canada – so that such U.S. corporation could distribute the shares of Univar Canada (on a Treaty-exempt basis) to its controlling Canadian purchaser (the ULC) without technically being affected by the s. 212.1(1) deemed dividend rule. ... Whether the surplus of the Canadian corporation is removed by completing the alternative transactions described … above or by completing the transactions that were done in this case, the same surplus is removed from Canada. ...

14 November 2017- 12:13am Scott – Tax Court of Canada finds that compensation to former Nortel employees for loss of life insurance was non-taxable Email this Content In connection with the Nortel asset distributions, a Nortel health and welfare trust made lump sum payments in 2011 to various beneficiaries in satisfaction of their entitlement to payments under the trust. ... Although it could easily be considered to be a benefit that arose out of her previous employment, he applied the Savage principle of interpretation that: where, in addition to the general provision in paragraph 6(1)(a), there is “a specific [statutory provision] containing detailed conditions for the inclusion of an amount in income that would not otherwise be income” … the general provision cannot be used “to fill in all the gaps left by” the specific provision [viz. s. 6(4)]. ... The Queen, 2017 TCC 224 under s. 6(1)(a), s. 56(1)(a)(iii), Tax Court Rules, s. 89(1)(a), ITA s. 107.1(a), s. 9- Compensation Payments and General Concepts – Stare Decisis. ...

21 January 2018- 11:16pm Murji – Tax Court of Canada finds that the cash portion of a donation made to a charity was reduced by the fees paid by it to the tax shelter promoter Email this Content Taxpayers participated in a purported gifting tax shelter in which, in addition to making cash donations to participating charities, they were to receive a donation of shares from a non-resident philanthropist (later discovered to be fictitious) and then donated those shares (which the evidence indicated were worthless but which were treated by the promoter as having a value of up to 12 times that of the cash donation) to the charity. ... The Queen, 2018 TCC 7 under s. 118.1(1) – total charitable gifts, Reg. 3501(1)(h) and s. 237.1(1) – tax shelter. ...