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[fn 20: … 2004-0061841E5] Potential for double taxation (p. 270) The sale or other disposition of a capital interest in a trust could give rise-to double taxation to the purchaser of the interest when the trust disposes of its property to a third party following the acquisition of the trust interest by the purchaser. ...

However, in a technical interpretation in 2003 [fn 121:… 2003-0008285 …] the CRA responded ambiguously in respect of a testamentary spousal trust that allocated the spouse all of the income that arose before her death, provided that she could force a distribution of income only every three years, with a "catch up" in the year of death…. ...

.] … Principal purpose test can be applied to avoidance of permanent establishment even if only one Treaty (“CTA”) adopts MLI Art. 13 (pp. 414-5) [E]ven where only one party to a CTA adopts provisions expanding the PE article, it may have effect under the domestic law of a source country if that country invokes the PPT to deny treaty protection. ...

Example of application of s. 212.3(1)(a)(ii) to loan made by 9% shareholder of (factually NAL) Canco (held by NR Parent) to a CFC held by Canco (p. 6) [T]he CRIC and NR Parent [holding 9% and 91% of the shares of Canco1, which holds the subject corporation] deal at arm’s length, but … the CRIC does not deal at arm’s length with Canco1 due to factual circumstances…. ...

. — One possibility is that these are orphaned references from the prior version of these provisions, as there is no longer a reference to "particular time" in subsection 212(3.6). ...

[I]n another technical interpretation, [fn 28: … 9301835] the CRA stated that non-recourse debt obtained by a partnership that arose as a result of legitimate commercial transactions unrelated to a general partner’s acquisition of a partnership interest would not generally be considered to be an amount granted for the purpose of reducing the partner’s loss from being a partner. ...

. … …The unitholders' investments are managed on a discretionary basis. ...

If Canco instead elects, the $100 million dividend is treated as having been paid from preacquisition surplus, triggering a $50 million gain – but s. 93(1.1)(b) then applies to recharacterize a portion of that gain as a distribution from taxable surplus. ...

That, where CRA has determined that the subject property is not TCP, it issue a s. 116 certificate on that basis, rather than a letter stating that it cannot issue a certificate because the property is not TCP (the certificate could be issued on the basis that no Canadian income tax is owing on the disposition) – or, failing that, publish a position that such a “No-TCP” letter releases the purchaser from liability. ...

. … [T]he court held the transaction was not a sham because it was not constructed to create a false impression-the appearance created by the documentation was the reality…. ... Noël JA concluded that on that basis the filings were a sham. … The classic Snook formulation of a sham requires a common intention that the acts or documents are not to create the legal rights and obligations which they give the appearance of creating. ...