Search - 深圳居住证 办理条件 最新政策

Second, the application of subsection 100(1) 8is one-sided – it provides no depreciable step-up to the partnership in the hands of the purchaser. ... There is no necessary corollary between this amount and the underlying income gains; … … The Amendments … do nothing to address the inconsistent application of the provision noted above. … A taxpayer that disposes of a partnership interest to an entity other than a Prohibited Acquirer – a taxable Canadian corporation, for example – may be concerned that subsection 100(1) will ultimately apply to it if the corporation sells the interest to a Prohibited Acquirer within a relatively short time frame. ... Such covenants will certainly be commercially undesirable to potential purchasers of partnership interests. … ...

Nakul Kohli, "Sharing COVID-19 Assistance with Foreign Entities Through Transfer Pricing", COVID-19 and Canadian Tax for the Owner-Manager/Canadian Tax Focus (Canadian Tax Foundation), July 2020, p. 5-- summary under Paragraph 247(2)(a) Summary Under Tax Topics- Income Tax Act- Section 247- New- Subsection 247(2)- Paragraph 247(2)(a) TPM-17 policy (p.4) … TPM-17... states that when a Canadian taxpayer receives government assistance and participates in a cross-border controlled transaction, it should not share all or part of that assistance with non-arm's-length non-resident persons. … Example of application of TPM-17 to COVID-19 assistance (p. 4) Consider a Canco that performs research and development (R & D) in Canada for its foreign parent. ... In that case, Canco's taxable income would be $30 ($100 × 1.1 + $20 − $100). ... In other words, it should have documentation that shows that the prices charged reflect arm's-length prices …. ...

[F.n. 309 … 2001-0112945.] When the trust deed mandates that income be paid to two (or more) beneficiaries without indicating how the income is to be split, the CRA generally requires that each, source of income be distributed on a pro rata basis. [F.n. 310 … 901027.] Deemed receipt at year-end (p. 214) The CRA's view is that a beneficiary is deemed to receive a dividend from a trust that made a designation under subsection 104(19) at the end of the taxation year, and not when the distribution is in fact made. [F.n. 313 … 2013-0495741C6 … and … 2013-0495801C6.] The reason for this timing is that a trust may make a designation under subsection 104(19) only to the extent that it is a resident of Canada throughout its taxation year, and the trust cannot know if it is resident throughout the year until the year (or the deemed taxation year) ends. ...

., standby charges) payable by a borrower as consideration for the lender agreeing to lend money or make money available (arguably, under the definition of “restrictive covenant” such an agreement “affects … the … provision of property … by the taxpayer” (i.e., of funds by the lender) or “affects … the acquisition of property … by the taxpayer” (i.e., the lender’s acquisition of the debt obligation) consent payments, i.e., payments made to creditors in consideration for consenting to an amendment to the debt terms, e.g., to permit a particular transaction or loosen a financial covenant (such “agreement could be viewed as affecting the (ongoing) provision of property by the taxpayer, being the loaned funds, especially if the consent relates to an amendment of a covenant that could otherwise have been breached and allowed the taxpayer to demand repayment under an acceleration clause (or, more generally, to the extent the amendments affect the ongoing terms under which the loan will continue to be provided).”) in the context of a distress restructuring, an additional payment made to a debt holder who agrees to exchange for the securities of the restructured debtor by a specified date, e.g., where the debtor proposal is that holders exchange each $100 of debt for shares with a fair market value of $40, an “early consenting” debenture holder might receive shares having a fair market value of $50 (“The additional $10 of value may properly be viewed as consideration for the debenture holder having agreed to consent to the restructuring plan by the specified date, rather than as consideration for the exchange itself, having regard to paragraph 68(c).”) ...

The Federal Court of Appeal affirmed this statement in Dixon [Footnote 29 – Dixon v R, 2001 DTC 5408, at para 6]. R & L Food Distributors [77 DTC 411] … [stated:] … [I]t is obvious that coming from one country to work for the day at a place of business in another country and thereafter returning to one's permanent residence in the evening is not tantamount to making a temporary stay in the sense of establishing even a temporary residence in the country where the business enterprise is situate. ...

[fn 21: … 2003-0051741R3 [and] … 2004-0105611R3 …] This policy was adopted when the customary amount of the “interim payments” was not substantial in the context of total project cost. ... Projectcos continue to rely on the above-referenced rulings and treat the prepayments as reducing the capital cost of class 14 assets. … If a substantial portion of the revenue from the project is being received at the end of each construction phase, such amounts may be treated as construction revenue rather than as a government subsidy toward a capital asset. ... Instead, such amounts are income as received …[fn 23 … IT-464R …quoted in … 2012-045508117]. ...

Éric Hamelin, "Post Mortem Pipeline: The CRA Relaxes Its Position", Tax for the Owner-Manager, Vol. 20, No. 3, July 2020, p. 6-- summary under Subsection 84(2) Summary Under Tax Topics- Income Tax Act- Section 84- Subsection 84(2) Immediate receipt of cash on pipeline to fund s. 70(5) taxes, p. 6 [I]n … 2018-0789911R3 … the CRA relaxed its longstanding position and accepted that upon the sale of shares to a new company an estate could immediately receive cash directly from the surpluses of the company in the testator's possession to "fund income taxes resulting from the application of subsection 70(5)" (my translation). ... The CRA had previously accepted that a target company could lend an estate a sum that bore interest at market rates in order to fund the payment of income taxes pending repayment of the note (see … 2014-0540861R3 … and 2012-0456221R3 …). ...

Subsection 8(13) provides additional requirements. … 2000-0022015 …and 2011-0394321E5 … [indicate] that a work-from-home arrangement may be initially entered into voluntarily and formalized later …. ... Landry (p. 2) Subparagraph 8(13)(a)(ii) requires that the workspace be used exclusively for the purpose of earning employment income and used on a regular and continuous basis for meeting customers or other persons in the ordinary course of performing the employment duties. … "[M]eeting" means a physical encounter … [per] 2013-0481171E5 … [notwithstanding] Landry. ... This would imply … at least 6 months in order to meet the test. ...

Canada Revenue Agency (" Leroux "), [fn 2: 2012 DTC 5050 (BCCA).] ... (" Gordon "), [fn 3: 2013 DTC 5112 (FC).], and McCreight v. ... Indicia of negligence (p.1) In all three cases, the courts dismissed the Crown's motions to strike certain of the taxpayers' claims – including negligence – and, in doing so, demonstrated that some civil actions against the CRA may have a reasonable chance of success at trial. ...

The CRA had taken the position that this paragraph could apply to a beneficiary of a trust unless, under the terms of the trust agreement, the beneficiary could never obtain ownership of the shares or control the voting rights attached to the shares [fn. 116: … 2007-0246721E5]. … Lyrtech RD Inc. … concluded, in obiter dicta, that a beneficiary's interest in a discretionary trust does not lie within the scope of paragraph 251(5)(b). ...