Search - 2005年 抽纸品牌 质量排名

13 January 2005 External T.I. 2004-0101701E5 F- Bien substitué-- summary under Paragraph 248(5)(b) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(5)- Paragraph 248(5)(b) substituted property definition in s. 248(5)(b) does not apply for the purposes of s. 7(1.1) In finding that the provisions of s. 7(1.1) would not apply to shares received as a stock dividend on shares that had been acquired on the exercise of employee stock options, where such shares were sold before the latter shares had been disposed of, CRA stated: Since the provisions of subsection 7(1.1) do not refer to the term "substituted property", we are of the view that the definition in paragraph 248(5)(b) does not apply to the case submitted … [and] the provisions of paragraph 7(1)(a) would apply in the taxation year in which the held shares are ultimately disposed of or exchanged, even though the shares, received as a stock dividend on those held shares, have already been sold. ...

24 January 2005 External T.I. 2004-0099471E5 F- Convention de retraite pour un actionnaire-employé-- summary under Paragraph 20(1)(r) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(r) no deduction regarding pre-incorporation services, and longstanding CRA position re shareholder-manager compensation Are contributions by a corporation to an RCA deductible in computing its income where the contributions relate to services rendered by a shareholder-employee while self-employed and before the corporation’s incorporation? ... After referring to the s. 67 limitation, it stated: [T]he position set out in [1981 CTF Roundtable, Q.42], which applies to the reasonableness of bonuses paid to … shareholder-employees, also applies in determining the reasonableness of contributions, for the purposes of section 67, to an RCA for the benefit of a shareholder-manager. ...

24 January 2005 External T.I. 2004-0099471E5 F- Convention de retraite pour un actionnaire-employé-- summary under Section 67 Summary Under Tax Topics- Income Tax Act- Section 67 81 Roundtable position on shareholder-manager compensation also applies to RCA contributions Are contributions by a corporation to an RCA deductible in computing its income where the contributions relate to services rendered by a shareholder-employee while self-employed and before the corporation’s incorporation? After paraphrasing the s. 20(1)(r) wording and indicating that, to be deductible, “the contributions must relate to services rendered to that corporation as an employee,” CRA stated: [T]he position set out in [1981 CTF Roundtable, Q.42], which applies to the reasonableness of bonuses paid to … shareholder-employees, also applies in determining the reasonableness of contributions, for the purposes of section 67, to an RCA for the benefit of a shareholder-manager. ...

26 January 2005 Internal T.I. 2004-0101351I7 F- Déduction pour frais juridiques- Alinéa 60o)-- summary under Income-Producing Purpose Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Income-Producing Purpose legal costs of disputing GST or sales tax assessments of a business are deductible The shareholder of an insolvent corporation incurred legal fees in defending against an ARQ sales tax assessment made on the basis that he was jointly and severally liable for sales tax liabilities of the corporation. Before going on to indicate that such fees were not deductible under s. 60(o) by the shareholder, the Directorate noted that they would have been deductible by the corporation if incurred by the corporation – but were not deductible under s. 9 by the individual since he was not carrying on a business. ...

8 February 2005 Internal T.I. 2004-0099681I7 F- Remboursement de frais de déménagement-- summary under Paragraph 6(1)(a) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) reimbursement of reasonable living expenses incurred until the employee permanently occupies new home in employer’s area is not a benefit A new employee previously living more than 40 kilometres from the employer’s plant was paid a daily allowance of $50 per day for 28 days, to cover room and board, until the employee's housing was secured. The Directorate stated: T]he CRA does not consider the reimbursement of reasonable living expenses incurred until the employee permanently occupies the employee’s new home to be a reimbursement of personal expenses. … [T]he 2004-2005 T4130 no longer states that reasonable living expenses are limited to a maximum of 15 days. ...

28 October 2005 External T.I. 2005-0145891E5 F- Redemption of Shares- Balance of Purchase Price-- summary under Subsection 84(3) Summary Under Tax Topics- Income Tax Act- Section 84- Subsection 84(3) amount of deemed dividend arose on redemption date based on amount of covenanted future redemption payments On January 1, 2005, Canco purchases for cancellation 100 common shares, having a fair market value of $100,000, in consideration for paying $25,000 per annum during the four following years to the redeemed shareholder (“Shareholder”). As a legal matter, the 100 shares were cancelled on January 1, 2005 and, thereafter, the Shareholder held a debt claim of $100,000. ... CRA responded: … [T]he amount of the deemed dividend at the time of the purchase for cancellation of the shares of the capital stock of Canco on January 1, 2005 would be equal to the value of any consideration given by Canco and received by the Shareholder for the Shareholder’s shares of the capital stock of Canco at the time of the purchase for cancellation of such shares, including any covenants or promises to pay amounts in the future, that would be in excess of the paid-up capital in respect of such shares. ...

6 May 2005 External T.I. 2005-0116981E5 F- Rollover under section 85 of an ECP-- summary under Paragraph 14(1)(a) Summary Under Tax Topics- Income Tax Act- Section 14- Subsection 14(1)- Paragraph 14(1)(a) “exempt gains balance" is of no utility in calculating the amount to be included in income under … 14(1)(a)" Mr. ... In 2005, he transferred his business to a wholly-owned corporation under s. 85. ... X's income for 2005 under paragraph 14(1)(a) because Mr. X has already claimed deductions in respect of the Goodwill pursuant to paragraph 20(1)(b).” ...

14 May 2005 Internal T.I. 2008-0304841I7- Interest deductibility-- summary under Paragraph 20(1)(c) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(c) interest not deductible after CCAA stay "CanOpco" is a 100% subsidiary of "NRHoldco,” a US based corporation, which filed for protection under Chapter 11 of the U.S. ... CRA responded negatively, stating: []I]n Re Philip's Manufacturing Ltd. (1992), 12 C.B.R. (3d) 133 (B.C.S.C.), add'l reasons in (1992), 91 D.L.R. (4th) 766 (B.C.S.C.) aff'd in (1992), 12 C.B.R. (3d) 149 (B.C.C.A.), it was held that, since the purpose of the stay of proceedings under the CCAA was to maintain the status quo, no interest was payable on claims during the period of the stay without a court order. … CanOpco's legal obligation to pay interest expired on the day it obtained protection from its creditors under the CCAA. ...

7 April 2005 External T.I. 2004-0099191E5 F- Inventaire d'un artiste-- summary under Subsection 70(2) Summary Under Tax Topics- Income Tax Act- Section 70- Subsection 70(2) application of s. 70(2) or (3) to artist’s inventory After noting that the inventory of an artist that is valued at nil pursuant to s. 10(6) is a right or thing, CRA indicated that, subject to s. 70(3), the value of the inventory is included in the deceased’s terminal return unless the legal representative elects under s. 70(2) to file a separate return for the year of death. ... Where s. 70(3) applies, the value of the deceased's rights or property will instead be included in computing the income of the beneficiary for the taxation year in which the beneficiary received it, and the beneficiary’s cost will be determined under s. 69(1.1) to equal the total of the part of the cost thereof to the deceased as had not been deducted by the deceased in computing the deceased’s income for any year, and any expenditures made or incurred by the beneficiary to acquire the property – which cost will be used to compute the beneficiary's income when the inventory is sold. ...

18 March 2005 External T.I. 2005-0117691E5 F- Significant increase in interest in any corp-- summary under Subparagraph 55(3)(a)(ii) Summary Under Tax Topics- Income Tax Act- Section 55- Subsection 55(3)- Paragraph 55(3)(a)- Subparagraph 55(3)(a)(ii) preliminary transfer of Opco shares to Holdco preliminary to a spin-off engaged the s. 55(3)(a)(ii) exclusion Two brothers (X and Y) each hold half the shares of Opco which, in turn, holds 35% of the shares (being common shares) of Subco. ... Y) who were unrelated persons immediately before the particular time …. ...