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Article Summary

Pierre-Marie Hourdin, "Is the Construction PE Clause in the OECD Model Treaty Satisfactory?", Tax Notes International, July 21, 2014, p. 229. -- summary under Article 5

. According to some, [fn 38: E.g., Vogel, and Skaar, supra note [37]] to constitute a coherent whole, the work must be made in the same place and for the same client. ...
Article Summary

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016. -- summary under Subsection 106(2)

Demarcation between s. 106(2) and 106(3) [S]ubsection l06(2) is intended to apply to situations in which an income interest is disposed of to and acquired by a third party, while subsection 106(3) deals with the situation in which an income interest is disposed of to the trust itself and thereby eliminated. ...
Article Summary

Tim Fraser, Jim Samuel, "The Preacquisition Surplus Election: More Than Meets the Eye?", Canadian Tax Journal (2021) 69:2, 595 - 627 -- summary under Paragraph 5901(2)(b)

Desirability or undesirability of elevating surplus from lower-tier affiliates rather than making It may be beneficial for the payer of an interaffiliate dividend, who has sufficient tax-free surplus, to pay a dividend to a higher-tier foreign affiliate from such tax-free surplus, so as to elevate tax-free surplus up the foreign affiliate chain, thereby making such surplus more readily available to shelter the payment of any subsequent dividends to the CRIC and also safeguarding that tax-free surplus from erosion by any subsequently-incurred losses of the payer affiliate. ...
Article Summary

Robert Kopstein, Rebecca Levi, "When Should the Courts Allow Reassessments Beyond the Limitation Period", Canadian Tax Journal, (2010) Vol. 58, No. 3, 475-527 -- summary under Subparagraph 152(4)(a)(i)

. we believe that a reasonable basis exists where there is some authority for the filing position taken, and no obvious authority to the contrary. ...
Article Summary

Elizabeth Boyd, Jeremy J. Herbert, "Trusts Holding Shares For Employees", draft 2023 CTF Annual Conference paper -- summary under Subsection 7(2)

The transfer of shares from treasury to the 7(2) Trust could be completed after a corporate freeze transaction or during the start up phase of operations, so that the shares acquired by the 7(2) Trust (through a fair market value share subscription, or through a contribution of the shares by the employer corporation for no consideration) would have a nominal value so that the employment benefit to the employees also could be nominal. ...
Administrative Policy summary

21 December 2017 Ruling 157478 -- summary under Subsection 232(2)

In finding that the return of the merchandise was not governed by s. 232 and was at taxable sale (so that the Retailer was correct in charging GST/HST)), CRA stated: Memorandum 12.2 states that a reduction in consideration may occur under various circumstances, including “where goods are returned to the supplier for a full or partial refund of the consideration.”… However, according to the terms of the Purchase Agreement, title and ownership of the merchandise is transferred to [the Retailer] upon delivery of the merchandise to [the Retailer] at the delivery point specified in the applicable purchase order. ...
Administrative Policy summary

NOTICE 266 Draft GST/HST Technical Information Bulletin, Harmonized Sales Tax "Self-assessment of the provincial part of the HST in respect of property and services brought into a participating province" 9 September 2011 -- summary under Section 13

The amount of tax payable by the non-profit or ganization is equal to $80 (2% (10% Nova Scotia provincial rate 8% Ontario provincial rate) × $10,000 (the value of the consideration for the supply) × 40% (the extent to which the non-profit organization acquired the property for use in Nova Scotia)). ...
Administrative Policy summary

3 November 2000 Ruling 32023 -- summary under Section 2

CRA stated: The Priority Distribution is a payment to [the manager] for performing the day-to-day supervision, management and operation of the Nursing Home [and it] is supplying these services to the participants in the joint venture. [The manager] is reimbursed by the joint venture for the wages and salaries it pays to its employees. [The manager] makes a supply to the joint venture of the services of these employees [and] is supplying these services to its co-participant [the charity]. ...
Administrative Policy summary

CRA Webpage, “Excessive interest and financing expenses limitation rules,” 24 September 2024 -- summary under Subsection 18.2(18)

. You may also have to report relevant information on Schedule 130 of your partnership information return if you have IFE or IFR, and have a corporation or a trust as a member. If your partnership has a corporation or a trust as a member, under the rules you should complete the following steps: Provide each member with detailed calculations of the partnership’s IFE and IFR Provide each member with detailed calculations of the RAIFE and RAIFR of any CFA of the partnership Notify each member in writing of their allocated share for the year of: IFE in Canadian exploration expenses, Canadian development expenses, Canadian oil and gas expenses, and foreign resource expenses The income or loss that can reasonably be considered to come from activities funded by a borrowing or other financing that results in exempt interest and financing expenses Filing approach before Schedule 130 is ready Schedule 130 Schedule 130 information is still required even though the form is not available. Corporations and trusts When you report your foreign accrual property income, you must adjust for RAIFE denied under subclause 95(2)(f.11)(ii)(D)(I) and include amounts in respect of a CFA’s partnership under subclause 95(2)(f.11)(ii)(D)(II). ... The calculations should include enough details so that a total amount for each paragraph of the relevant definition is shown (refer to subsection 18.2(1)) A calculation of the proportion in subsection 18.2(2) showing an amount for each variable of the formula A calculation of restricted interest and financing expenses for the year, broken down to show amounts restricted under: Paragraph 12(1)(l.2) Subsection 18.2(2), and Subclauses 95(2)(f.11)(ii)(D)(I) and 95(2)(f.11)(ii)(D)(II) If your corporation or trust is a member of a partnership, you must include the share of all relevant partnership amounts when you calculate the corporation or trust’s ATI, IFE, and IFR. Partnerships When you submit your partnership information return for the fiscal year, you must include the details of how the partnership calculated its IFE and IFR (refer to subsection 18.2(1)). ...
Administrative Policy summary

8 March 2016 CRA Press Release -- summary under Subsection 152(1)

. The CRA believes firmly that all participants in offshore tax evasion and tax avoidance schemes must be identified and brought into full compliance with their tax obligations. ... …There is no preferred treatment of certain taxpayers who are non-compliant over others. …Where appropriate, including with matters before the courts, and in consultation with the Department of Justice, the CRA seeks to resolve matters through a settlement offer that is based on facts and in accordance with the law. ... Over $7 billion of that amount about two-thirds involves international and large business aggressive tax planning, including high net worth individuals and multi-nationals. ...

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