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DuPont de Nemours & Co., 608 F.2d 445 (Ct. CL, 1979), was an influential transfer pricing case. ... Glencore also recently entered into an off-take agreement with Sirius Petroleum….Off-take agreements are widely used in the mining and oil sectors. … In other situations, they are between independent parties. ...

[fn 42: 2014-0538261C6] … The CRA's conclusions in this technical interpretation may represent an overly narrow reading of subsection 107(2). ... [T]he only question at issue was presumably whether the trustees had, as a matter of trust law, the power to distribute property to the beneficiaries of the trust in their capacity as partners of the partnership. … There appears to have been a very compelling position that subsection 107(2) should apply to a direct distribution of trust property to the partnership on the basis that the partnership should be regarded as a beneficiary under the trust, even without a variation of the terms of the trust. ...

Fourth, the courts have generally refrained from applying GAAR to surplus-stripping transactions involving arm’s-length transfers – see McMullen (the taxpayer and his business associate, who had different interests in the severing of their business relationship and were dealing at arm’s length, and whose transactions were each found to be undertaken for bona fide non-tax purposes of separating the business), and Univar (finding that the series of transactions stemmed flowed from an arm’s-length purchase of shares, a context in which s. 212.1 did not apply. ... In Example 3, per “ Geransky and Kennedy, the sale of the capital assets in and of itself should not constitute a reorganization for the purposes of subsection 84(2) provided that R Co continues to carry on the same business.” ...

See also summary under Treaties – Art. 9. ...

See also summary under Treaties – Art. 5. ...

If the fresh-start rules apply, the gain is calculated as $300 ($400- $ 100), and on the facts no further adjustment is made under paragraph 95(2)(f.l), because no part of the gain is considered to have accrued before the taxpayer acquired the non-resident. ...

.-- summary under Paragraph 5901(2)(b) Summary Under Tax Topics- Income Tax Regulations- Regulation 5901- Subsection 5901(2)- Paragraph 5901(2)(b) Retroactive election (p. 3) … Bill C-48 permits taxpayers to electively apply Regulation 5901(2)(b) (together as a package with subsections 90(2) and 93(1.11)) retroactively to foreign affiliate distributions made after December 20, 2002. ...

. … Circular of Westcap Investments Corp.," July 18, 2014….] In this structure, the Blocker LP is considered to indirectly carry on business in the U.S. and accordingly is subject to U.S. corporate income tax, plus U.S. branch tax (because it has elected to be treated as a foreign corporation for U.S. tax purposes). ...

D) must grant a restrictive covenant "not to provide, directly or indirectly, property or services in competition with the property or services provided… by the purchaser (or by a person related to the purchaser) " [emphasis added]. ...

. … [I]t is not clear…why the intermediary would ever be granted a security interest in respect of its own obligation]) is less than 25% of the amount owing by the Canadian taxpayer to the intermediary, the back-to-back rule will not apply. ...