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This can be problematic from a thin cap perspective …. First …: GP controls Holdco through the control provisions in the fund's LPA and, as such, is a "specified shareholder" of Holdco ….; and Sisterco is … not dealing at non-arm's length with GP, and so the Holdco loan is an "outstanding debt to a specified non-resident”. ... In addition … paragraph 18(7)(a) … deems the partners of a partnership to own their proportionate portion of the underlying shares … [so that the] fund LPs would … be deemed to own their proportionate share of the underlying Holdco shares. ...

", COVID-19 and Canadian Tax for the Owner-Manager/Canadian Tax Focus (Canadian Tax Foundation), July 2020, p. 4-- summary under Eligible Remuneration Summary Under Tax Topics- Income Tax Act- Section 125.7- Subsection 125.7(1)- Eligible Remuneration Example of Treaty-exempt U.S. corp employee US employees in Canada for several days a quarter (p. 4) Consider the case of a US-resident corporation, NR Co, that provides services in Canada … [and] does not have a permanent establishment in Canada … [has] a payroll account in Canada, which it maintains in respect of its US-resident employees who work in Canada on an intermittent basis … [and] had the requisite decline in qualifying revenue …. ... Treaty-exempt non-resident can be an eligible entity (p. 4) NR Co is an eligible entity because it is a corporation and is not exempt from tax. … Mostly non-resident payroll might be eligible remuneration if some Canadian withholding (p. 4) … The salary paid to A in respect of the services performed in Canada will qualify [as eligible remuneration] only if NR Co has not applied for a non-resident employer certification pursuant to paragraph 153(7)(a). … [A]mounts paid at any time by an employer to an employee at a time that the employer is a "qualifying non-resident employer" and the employee is a "qualifying non-resident employee" are excluded [from “eligible remuneration”]. … If NR Co chooses not to file an application pursuant to paragraph 153(7)(a) to be classified as a qualifying non-resident employer, or is not eligible to be considered a qualifying non-resident employer for some other reason (for example, failing to comply with the requirements of the certified non-resident employer program), it would be liable to withhold, but it would be eligible for the CEWS. ...

However,…the term must be interpreted in context. … Office Overload … held that the vendor was not a "person” for the purposes of section 85D, on the basis that the provision was intended to apply only to persons who "fall to be taxed or otherwise dealt with under the provisions of the Canadian Income Tax Act and who report to the Canadian Government the income arising from the operation of the business… Holiday Luggage … held that a corporation referred to in section 256 did not include a non-resident corporation that did not carry on business in Canada. Lea-Don Canada … held that … It is clear that s. 20(4) is concerned with taxpayers entitled to a deduction, not with persons who are not subject to assessment under Part I. ... Oceanspan … stated: [A] non-resident without income from Canadian sources can never be liable to pay tax under the Act on its foreign income. ...

• The recipient must be identifiable or ascertainable. Who is the beneficiary? • The interest must not be subject to a condition precedent (except for the expiry of a previous interest). ... • The interest need not vest "in possession"; it may vest only "in interest. ...

Unfortunately, the process … likely require[s] a disposition of the income-producing property acquired with the loan. ... For this reason, amending the terms of an existing loan to reduce the interest rate to the new, lower prescribed rate does not comply …. ... According to … 9336625 … the new loan would not be used for an income-producing purpose, but rather for the purpose of extinguishing the original loan. … However, it may be worth considering whether the CRA’s position that a refinancing strategy is ineffective is correct, since it does not reference subsection 20(3). ...

Dowdall, O'Mahoney & Co., [1952] AC 401…cited in 4145356 Canada Ltd v. ... [fn 111: … 9641375… 1999-0010305.] The result of this position is that the 20(11) deduction may be based on an effective tax rate that exceeds the actual U.S. tax rate imposed on the LLC's income. ... Under this formula, the less of its income an LLC distributes each year, the more its Canadian members will be limited to a foreign tax deduction in respect of the U.S. taxes paid – (oddly) unless the LLC distributes none of its income in which case the full amount of U.S. taxes would potentially be (creditable (provided the taxpayer has other U.S. source income to support the credit)…. ...

Chris Falk, Stefanie Morand, "Current Issues Forum: Pipeline Planning; Subsection 164(6) Circularity Issue; Eligible Dividend Designations", 2012 Ontario Tax Conference of Canadian Tax Foundation-- summary under Subsection 164(6) Summary Under Tax Topics- Income Tax Act- Section 164- Subsection 164(6) Interaction of Subsections 40(3.6), 40(3.61) and 164(6) — the "Circularity" Issue As discussed in more detail in the Moraitis/Kakkar Article, if subsections 40(3.6), 40(3.61), and 164(6) are applied iteratively, the realization by the estate of any capital gain in the estate's first taxation year will have the effect of grinding to nil the amount of the loss that can be carried back pursuant to subsection 164(6), even if the loss is substantial and the gain is only nominal. By way of example, assume the following: • Ms. Y dies owning: a portfolio of managed publicly-traded securities, which securities are assumed (for illustrative purposes) not to have had any accrued gain or loss on death; and all of the shares of a private corporation, YCo, with PUC of $100,000. • The shares of YCo were held by Ms. ... Y's terminal year. • In the estate's first taxation year, YCo redeems 50% of the shares held by the estate for $500,000. 61 As a result of the redemption, the estate sustains a $450,000 capital loss. ...

“Canadian Ordinary Income” & “Foreign Ordinary Income” Definitions”) The relevant portions of the definitions of Canadian ordinary income (e.g., (a)(iii)(A) and (B) and foreign ordinary income should be clarified so that inclusions for a particular amount are not reversed as a result of any deductions or other relief that may be applicable as a result of other payments – that is, payments other than the payments that give rise to the included amounts.- For example, if a taxpayer borrows money at interest from a third party for the purpose of making an interest-bearing loan to a subsidiary, the taxpayer’s interest revenues would be expected to result in Canadian ordinary income, so that there would be considered to be an income inclusion in Canada. ...

[F.n. 13: CCQ, s. 2132] Element of representation (p. 3) Representation can be characterized by circumstances where "a person, the representative, performs an act in the name, in the place of and on behalf of another person, the represented person. [...] ... [F.n. 14: Hubert Reid, "Représentation" in Dictionnaire de droit québécois et canadien (Wilson & Lafleur, 5th edition), 872.] ... [F.n. 16: Pierre-Basile Mignault, Droit civil canadien, vol. 8, (Montreal: Wilson & Lafleur, 1909), 4.] ...

. … [T]here is a strong argument that the IA definition applies for greater certainty to ensure that LLLPs and LLPs are not treated as corporations. ... [fn 106: See Gerling Global …. v. Canadian Occidental…, 1998 ABQB 714. ...