Search - 阿里拍卖 司法拍卖

. … However, we are not prepared to accept an amendment to Monsieur’s tax returns for years prior to XXXXXXXXXX to give him a wholly dependent person credit despite the retroactive clause …. ...

. … This means that where a partner joins an existing partnership, the fact that the partner previously carried on another business has no bearing on the determination of the fiscal period end of the business of the partnership being joined. ... Furthermore, despite the fact that the taxpayer was not a member of the partnership, which he joined, during the fiscal period in which the election under subsection 249.1(4) was made by one of the partners who had the authority to act on behalf of the other partners as stipulated in subsection 96(3) … the taxpayer cannot do otherwise than to comply with the election that is still in effect at the time of his joining the partnership. ...

In the Directorate’s view, this meant that the dividends were includible in the income of Y and Z, stating: As Y and Z are the sole shareholders of ULC … ULC receives the amount for the benefit of the existing income beneficiaries of the Trust, namely Y and Z. ... Similarly, “the transfer of the Trust’s assets to ULC … was for the benefit of Y and Z,” and s. 107(2.1) thereby applied to deem them to be disposed of for fair market value proceeds. ...

If Y and Z argued that s. 104(13) did not apply to them because no amount was payable to them in the year, CRA would apply s. 56(2) or to include the dividend amounts in their income – but without any s. 104(6) deduction to the Trust. The Directorate further considered that if it were argued that neither s. 104(13) or 56(2) applied to Y and Z respecting the taxable dividends, then a s. 105(1) would reasonably be considered to have been conferred on ULC (again, with no s. 104(6) deduction) – and noted that 9238075 states that “there is no requirement in subsection 105(1) that the taxpayer who receives a benefit from a trust has to be a beneficiary of the trust.” ...

. … Son also held contingent beneficial interests in the remaining XXXXXXXXXX% of Father’s Estate, which would only be realized if the other Children die without issue surviving. ... …[I]t is unlikely that the FMV of Son’s contingent beneficial interests at the Time could result in him being considered a “majority-interest beneficiary” of Father’s Estate. … Accordingly, it is unlikely that the FMV of the total of Son’s respective income or capital interests in Father’s Estate could reasonably be considered to be greater than 50% of the FMV of all of the income or capital interests in Father’s Estate at the Time. ...

In finding that Opco could not use the rule in s. 125.7(4)(c), but generally could use that in s. 125.7(4) (d), in determining its qualifying revenue for a particular qualifying period, CRA stated: [S]ince Opco does not deal at arm’s length with Holdco 1 and Holdco 2 (the participants of the joint venture), Opco would exclude from its qualifying revenue all amounts derived from the joint venture, pursuant to paragraph (d) of the definition of “qualifying revenue” …. As a result, Opco would not have any qualifying revenue and the [all or substantially all] test in paragraph 125.7(4)(c) … would not be met. ...

., they were not treated as being ½ of such capital losses pursuant to ss. 38 and 111(1.1)(a)(ii). ... The provision does not deal with, and the computation is not [a]ffected by, the carry-over of net capital losses under paragraph 111(1)(b). … [The s. 111(1.1)] adjustment is based on the fraction under section 38 at the relevant times referred to in subparagraph 111(1.1)(a)(ii). ...

After noting that NR-Beneficiary was subject to taxation under the Barbados Income Tax Act, 1968 on its “income from sources outside Barbados … only to the extent a benefit is obtained in Barbados from that income in the form, among others, of a remittance of money or an importation of property,” i.e., on a “remittance basis,” the Directorate further noted that although the dividend withholding rate otherwise was reduced to 15% pursuant to Art. ... The Directorate then stated: If a person who is subject to remittance basis taxation in Barbados files a return of income in Barbados contrary to the application of the law in force in Barbados, it is our view that the income reported on that return … would not be considered “taxed” in Barbados for the purposes of Article XXX(5) such that the benefits of the Treaty would not apply to the Income. ...

After noting that s. 60.1(3) deemed payments made in the previous year and during 2018 up to the time of the order to be made pursuant to the order, so that such payments could potentially qualify for deduction under s. 60(b), CRA turned to the deductibility of amounts paid after the time of the order, and stated: [W]here the lump-sum amount is paid pursuant to a court order that establishes a clear obligation to pay retroactive periodic maintenance for a specified period prior to the date of the court order … the lump-sum payment will not, in and of itself, change the nature of the underlying legal obligation of periodic maintenance payments and, if all other requirements are met, the lump-sum amount paid will be deductible to the payer according to the formula in paragraph 60(b) …. ...

23 August 2023 Internal T.I. 2021-0882371I7- Dividend payment and 94.1(1)(g)-- summary under Paragraph 94.1(1)(g) Summary Under Tax Topics- Income Tax Act- Section 94.1- Subsection 94.1(1)- Paragraph 94.1(1)(g) there is no reduction under s. 94.1(1)(g) for dividends paid by the CFA/ consolidation provided of FAPI – C and s. 94.1(1)(g) language A wholly-owned non-resident subsidiary (“CFA”) of Canco owned 50% of the common shares of a non-resident corporation (“FA”) which were assumed to constitute offshore investment fund property (“OIFP”). ... In rejecting this position, the Directorate stated: By including in income pursuant to subsection 91(1) its share of CFA’s FAPI (which includes under element C the amount determined by subsection 94.1(1) in CFA’s FAPI computation), Canco will effectively include an imputed amount in respect of the FA Shares in its income, to the extent of its interest in the CFA. … CFA received dividends from the FA Shares. ...