Search - 赤峰 二中 初中学区划分 2002

., 2002 DTC 6742, [2002] 3 F.C. 170, 2002 FCA 98-- summary under Transaction Summary Under Tax Topics- Income Tax Act- Section 245- Subsection 245(1)- Transaction an aspect of a transaction is not a transaction The Crown argued that CP's act of denominating the debentures in Australian dollars was in and of itself a transaction and that it amounted to an “arrangement” under the s. 245(1) definition of "transaction"- and then argued that such "separate transaction", namely the designation of borrowing in Australian dollars, was entered into solely for tax purposes. ... …If this argument was correct, the Crown could allege that the tax planning component of any transaction amounted to an event or arrangement constituting a "separate transaction". … In other words, any action taken to obtain a tax benefit would be an avoidance transaction and there would never be an occasion to determine the primary purpose of a transaction. … The words of the Act require consideration of a transaction in its entirety and it is not open to the Crown artificially to split off various aspects of it in order to create an avoidance transaction. ...

., 2002 DTC 7517, 2002 FCA 408-- summary under Cumulative Eligible Capital Summary Under Tax Topics- Income Tax Act- Section 14- Subsection 14(5)- Cumulative Eligible Capital cost of assets purchased with treasury shares was the agreed purchase price being the shares’ stated capital In connection with a privatization transaction and at a time that it was still owned by the federal Crown, the taxpayer purchased assets for a stipulated purchase price that was less than the price at which an arm's length purchaser had committed (pursuant to the same agreement under which the asset sale occurred) to purchase the common shares of the taxpayer. ...

., 2002 DTC 7517, 2002 FCA 408-- summary under Adjusted Cost Base Summary Under Tax Topics- Income Tax Act- Section 54- Adjusted Cost Base cost of assets acquired was the stated capital of the shares issued therefor, being the agreed transaction value In connection with a privatization transaction and at a time that it was still owned by the federal Crown, the taxpayer purchased assets for a stipulated purchase price that was less than the price at which an arm's length purchaser had committed (pursuant to the same agreement under which the asset sale occurred) to purchase the common shares of the taxpayer. ...

Citibank Canada, 2002 DTC 6876, 2002 FCA 128-- summary under Ordinary Meaning Summary Under Tax Topics- Statutory Interpretation- Ordinary Meaning phrase directed at sophisticated transctions should be given its commercial meaning The legislative history of the definition of term preferred share in s. 248(1) indicated that the provision applied to a specific and sophisticated segment of taxpayers, with the result that it was appropriate that the phrase "guarantee, security or similar indemnity or covenant" be interpreted in accordance with its more technical meaning derived from the laws that applied to commerce in general and public business companies in particular, rather than its ordinary dictionary meaning. Malone J.A. also stated (at p. 6881): "... as indicated in Bon-Secours, once ambiguity becomes an issue, the legislative provision should be given a strict or liberal interpretation depending on the purpose underlying the provision. ...

Canada, 2002 DTC 7037, 2002 FCA 177-- summary under Paragraph 8(1)(h.1) Summary Under Tax Topics- Income Tax Act- Section 8- Subsection 8(1)- Paragraph 8(1)(h.1) expenses incurred by a judge in travelling between home and court room were not incurred in the course of the employment The taxpayer, who was a judge of the Ontario Provincial Court, Criminal Division, was not able to deduct the cost of travelling to and from his home to the Court House in his own car or of travelling in his car when presiding away from the Court House or when attending meetings in other locations. Nadon J.A. stated (at para. 12): "... a plain reading of both the French and English text of paragraph 8(1)(h.1) of the Act makes it clear that the words 'motor vehicle expenses incurred for travelling in the course of the office...' necessarily require that these expenses be incurred by the taxpayer while performing the duties of his office. ...

Société des alcools du Québec, 2002 FCA 69-- summary under Regulations/Statutory Delegation Summary Under Tax Topics- Statutory Interpretation- Regulations/Statutory Delegation Reg. providing a partial rebate for FST included in transitional inventory improperly failed to provide a full refund according to legislative intent to avoid double taxation The respondent, which was the Quebec liquor marketing board, sought a full refund of the federal sales tax (imposed at a 19% rate) that was included in the cost of its alcoholic-products inventory on January 1, 1991, but instead was allowed only a rebate equalling the factor of 8.1% applied to the value of that inventory. ... After stating (at para. 34) that “the undisputed purpose of the Act was to avoid double taxation by refunding the tax that had been paid under the former Act” and (at para. 37) that Parliament, in authorizing a prescribed method “entrusted the Minister of Finance with the task of identifying the amount of the tax paid under the former Act as accurately as possible, so that it could be refunded,” and before finding (at para. 45) that “subsection 3(h) is ultra vires in so far as it applies to alcoholic beverages,” Noël J.A stated (at paras. 42, 44): The provinces' liquor boards handle the sale of those goods, from start to finish of the marketing process, with the exception of corner stores and grocery stores in Quebec …. In the circumstances, the extent of the tax paid on those goods should, as a rule, have been equivalent to the rate of tax paid under the former Act, without the discount incorporated by the general factor, to take account of the market level. … [T]he Minister of Finance[‘s] … discretion, no matter how broad, certainly did not allow the Minister to establish the amount of rebates as he saw fit, or to favour certain goods at the expense of others. ...

Canada, [2002] GSTC 42 (FCA)-- summary under Section 7 Summary Under Tax Topics- Excise Tax Act- Schedules- Schedule V- Part I- Section 7 leasing of serviced premises was exempt Before going on to find that the leasing by the Appellant of cottage properties was a single supply of exempt residential accommodation under s. 7, Sharlow JA stated: It is common knowledge that residential leases in apartment complexes frequently include the right to services such as security, water, electricity, cable TV, garbage and snow removal, landscaping, and the right to use recreational facilities such as swimming pools, exercise rooms and tennis courts, without requiring the payment of any amount in excess of the stipulated rent. … The only unusual aspect of the subleases in this case is that the tenants have access to a nine-hole golf course. ...

Canada, [2002] GSTC 11, 2001 FCA 264-- summary under Consideration Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Consideration provincial subsidy was paid only if busing services provided The appellant school boards paid GST charges of independent bus companies for their busing services, and were compensated with a Quebec government subsidy (which was not subject to GST due to provincial government immunity). ... That is why a direct link is required. … It is therefore apparent that the purpose of the subsidy is unequivocal and that the link with the supply in question is equally unequivocal; the service must be provided, failing which the subsidy may be cancelled. ...

Société des alcools du Québec, 2002 FCA 69-- summary under Subsection 120(5) Summary Under Tax Topics- Excise Tax Act- Section 120- Subsection 120(5) liquor board was entitled to a full rebate of the FST included in its liquor inventory as the Reg. did not give effect to the legislative intent to avoid double taxation The respondent, which was the Quebec liquor marketing board, sought a full refund of the federal sales tax (imposed at a 19% rate) that was included in the cost of its alcoholic-products inventory on January 1, 1991, but instead was allowed only a rebate equalling the factor of 8.1% applied to the value of that inventory. ... After finding (at para. 45) that “subsection 3(h) is ultra vires in so far as it applies to alcoholic beverages,” and in concluding that the respondent was entitled to a rebate based on the 19% rate if tax actually imposed rather than the 8.1% rate in s. 3(h), Noël J.A. stated (at para. 68): The purpose of the Act in this case is … clear. ...

Then, in 2002, CRA reassessed to deny both the taxpayer’s allocated losses for the earlier years, and reverse the gain inclusion for 1998, on the basis that the LPs did not exist- and also denied claimed carrying costs. ... The taxpayer also submitted that s. 152(5) prohibited the implementing reassessment from including the 1998 net gains allocations in his income because, although such income had been included in the initial (pre- 2002) assessment of his 1998 return, such initial assessment was not a reassessment “made … before the end of the [normal reassessment] period” because such quoted language "refers to only the particular …assessment, reassessment or additional assessment that is valid as of the end of the normal reassessment period” – whereas here, the 2002 reassessment had nullified the initial assessment. ... Savics was reassessed in 2002, the initial assessment … was still an assessment that was made before the end of his normal reassessment period. … [T]he Minister is precluded from including a new amount in computing a taxpayer’s income that had not been previously disclosed in relation to an assessment, reassessment or additional assessment made during that taxpayer’s normal reassessment period. … I do not accept that the purpose of subsection 152(5) … is to prevent the Minister, in reassessing a taxpayer under subsection 165(3) … from restoring a taxpayer to their original filing position by reinstating a particular source and amount of income that had been reported by the taxpayer, assessed as filed, and then subsequently deleted as a result of a reassessment. ...