Search - 2005年 抽纸品牌 质量排名

16 May 2005 Internal T.I. 2005-0119061I7 F- Montant d'aide-actions-- summary under Paragraph (a) Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(1)- Excluded Obligation- Paragraph (a) conversion of loan that was taxable assistance under s. 12(1)(x) into shares with lower FMV would not give rise to forgiven amount Prod Co, a wholly owned subsidiary of M Co and a "qualified corporation," produces a Canadian film or video production ("CFVP") at a cost of $1,900,000 that is eligible for the s. 125.4(3) credit. ... Since … the loan from M Co is assistance that is required to be included in Prod Co's income under paragraph 12(1)(x), the conversion of the loan by M Co into shares of Prod Co at the end of the production would not engage the application of subsection 80(2). ...

7 October 2005 Roundtable, 2005-0138111C6 F- Actions donnant droit au produit d'assurance-vie-- summary under Subsection 70(5) Summary Under Tax Topics- Income Tax Act- Section 70- Subsection 70(5) the CSV of a life insurance policy could reasonably be fully allocated on the death of a common shareholder to the holder of a tracking share The taxpayer wants the proceeds of the universal life insurance policy on his life paid on his death to his adult child, rather than to his spouse, who is the one under his will to inherit his shares of the private corporation (the “Corporation”) that will be the policyholder and beneficiary. ... CRA confirmed that, regarding the narrow issue of the FMV of the common shares immediately before the death of the taxpayer, given that the insurance share was retractable by the holder immediately before the death for the CSV, it would not be unreasonable to allocate the policy CSV to the insurance shares – so that the value of the common shares would not take the policy CSV into account. ...

8 November 2005 External T.I. 2005-0148091E5 F- Résidence principale-deux unités de condominium-- summary under Principal Residence Summary Under Tax Topics- Income Tax Act- Section 54- Principal Residence two stacked condos connected by an interior staircase constituted two housing units A couple purchased a condo beneath the one they had been occupying as their home and did work to connect the two units by interior staircase. ... On the other hand, if one unit has all the bedrooms and the other unit consists primarily of the kitchen and bathrooms and they are truly used as one unit, the CRA may be more likely to conclude that there is a single unit for purposes of the definition of "principal residence" …. ...

22 December 2005 External T.I. 2005-0151091E5 F- Allocation de retraite- retenue à la source-- summary under Paragraph 100(3)(c) Summary Under Tax Topics- Income Tax Regulations- Regulation 100- Subsection 100(3)- Paragraph 100(3)(c) confirmation of RRSP deduction limit is not required from the employee for the portion of the retiring allowance that is eligible for deduction under paragraph 60(j.1) In response to a query as to whether the correspondent’s notice of assessment must be provided to the employer so that it can pay the retiring allowance amount into the individual’s RRSP without deductions at source – and whether that amount can be paid into a spousal RRSP or as a repayment of the individual’s home buyers' plan ("HBP"), CRA stated: [T]he employer is not required to withhold tax on the amount of the retiring allowance that it pays directly to an RRSP if the employer has reasonable grounds to believe that the premium is deductible under paragraph 60(j.1) or subsection 146(5) or (5.1) in computing the employee's income for the taxation year in which the retiring allowance is paid. ...

2 November 2005 External T.I. 2004-0093601E5 F- Fiducie au profit d'un mineur-- summary under Paragraph 104(18)(c) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(18)- Paragraph 104(18)(c) can be discretion regarding distribution of capital other than accumulated income CRA comments included: Although s. 104(18) cannot apply if the trust deed provides that the portion of the capital that represents income accumulated for beneficiaries under 21 will be distributed at the discretion of the trustee “the manner in which the other portion of the capital is distributed, such as the initial capital, will have no impact on whether the conditions of subsection 104(18) are satisfied.” ... Specific clauses in the trust deed providing that certain types of payments will constitute income to the trust are acceptable- the “fact that the trust deed provides that certain types of payments will constitute income does not, in and of itself, determine whether the conditions of subsection 104(18) … are satisfied, including the condition referred to in subsection 104(18)(c).” ...

In 2005, the Court approved a consumer proposal under ss. 66.11 et seq. of the Bankruptcy and Insolvency Act (the "BIA")- made by the individual, which had the effect of cancelling the bankruptcy. ... The Directorate stated: Where a bankrupt individual files a consumer proposal, section 66.4(2) of the BIA provides, among other things, that the approval or deemed approval by the court of the consumer proposal operates to annul the bankruptcy and to revest the property of the individual, unless the terms of the consumer proposal otherwise provide. … [T]he discharge from bankruptcy is not retroactive to the time the individual was declared bankrupt but … is effective from the date the proposal is approved by the court. … Although section 128 does not recognize proposals filed under the BIA, the discharge from bankruptcy [in] 2005 does not invalidate the filing and assessment of pre- and post-bankruptcy tax returns made prior to the date of discharge. … [T]he individual was bankrupt in the 2003 … 2004 … and the 2005 taxation year[s]. ... Consequently, the individual may carry forward the unused portion of his or her tuition tax credits at the end of the 2005 taxation year … to the 2006 taxation year pursuant to section 118.61. ...

In this case … the applicable provision- permitting the deduction of amounts repaid in respect of employment insurance benefits- is paragraph 60(n)(iv). Since the taxpayer did not have any amounts to include in the taxpayer’s net income … the taxpayer cannot claim that deduction. In addition, there is no administrative concession available for claiming this deduction in 2005. ...

The second transaction, effected on March 15, 2005, was to roll those new shares in the capital stock of Oka to a new corporation (9149-7321 Quebec Inc., hereafter « Quebec Inc. ») in exchange for shares of two classes in the capital of Quebec Inc.: the first class of shares having a low PUC and an ACB equal to their FMV (the "1971 FMV Shares") and the second class of shares having a high PUC (which was the purpose of the second transaction) and a high ACB equal to their FMV (the "Stripping Shares"). The third transaction was to redeem for cash on March 29, 2005 all of the Stripping Shares, and part of the 1971 FMV Shares, so as to generate a capital loss sufficient to eliminate the capital gain generated in the first transaction. The CRA continues of the view that ITA subsection 84(2) should have applied in this case especially by reason of … MacDonald …. ...

The second transaction, effected on March 15, 2005, was to roll those new shares in the capital stock of Oka to a new corporation (9149-7321 Quebec Inc., hereafter « Quebec Inc. ») in exchange for shares of two classes in the capital of Quebec Inc.: the first class of shares having a low PUC and an ACB equal to their FMV (the "1971 FMV Shares") and the second class of shares having a high PUC (which was the purpose of the second transaction) and a high ACB equal to their FMV (the "Stripping Shares"). The third transaction was to redeem for cash on March 29, 2005 all of the Stripping Shares, and part of the 1971 FMV Shares, so as to generate a capital loss sufficient to eliminate the capital gain generated in the first transaction. The CRA continues of the view that ITA subsection 84(2) should have applied in this case especially by reason of … MacDonald …. ...

7 January 2008 External T.I. 2007-0225481E5 F- GRIP Addition for 2006-- summary under Subsection 89(7) Summary Under Tax Topics- Income Tax Act- Section 89- Subsection 89(7) GRIP addition from subsidiary resulting from 2001 and 2005 dividends A CCPC (Holdco) received (as its only income during the years 2001 to 2005) a taxable dividend of $400,000 in 2001 from its wholly-owned subsidiary (Opco). Opco's "full rate taxable income" ("FRTI") for each of the years 2001 and 2005 was $198,412 and $952,380, respectively; and nil doe 2002, 2003 and 2004. ... Furthermore … the amount of Holdco's GRIP is $400,000, since it seems reasonable to us to consider, in this situation, that the $400,000 dividend that Holdco received from Opco during 2001 is attributable to an amount described in Element A of the GRIP formula in respect of Opco. ...