Search - 2005年 抽纸品牌 质量排名

30 September 2005 External T.I. 2004-0093661E5 F- Revenu d'une fiducie et droit acquis par un mineur-- summary under Subsection 104(24) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(24) written trustee resolution may be necessary to establish that an amount of income has become payable How can the trustee designate or report an amount so that it is considered to be payable to a beneficiary? After noting that CRA has not relied on the comments in Sachs in relation to the preferred beneficiary designation that the "authority to pay income to beneficiaries … includes the authority to declare or designate income as held for them to the exclusion of the continuance of the trustee's authority to deprive them of it” to establish a position with respect to the term "payable" and referring to its comments in IT-286R2, para. 8, CRA stated: [A] written resolution signed by the trustees of a trust (or the minutes of a meeting of the trustees), whereby the trustees confer an irrevocable right on a beneficiary of the trust to receive a portion of the trust's income, is a means of establishing that the beneficiary has become entitled to enforce payment. ...

12 September 2005 External T.I. 2005-0134631E5 F- Superficial Loss- Realization of Latent Loss-- summary under Paragraph 251(1)(c) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) 4 unrelated individuals transferring their equal shareholdings of Opco to Newco could be a NAL transaction Four unrelated individuals each holding 25% of the common shares of a small business corporation, transfer their shares to a corporation (“Newco”) with which they are not affiliated, thereby sustaining a capital loss. ... However, in noting that the transaction very well might not be an arm’s length transaction, so that a business investment loss was not realized, CRA stated: [T]he situation where one party to a transaction is merely accommodating the other party in an attempt to obtain a certain tax result may be a situation where the parties are not dealing at arm's length because they do not have separate economic interests which reflect ordinary commercial dealings between parties acting in their own separate interests. … [I]t is quite possible that each of the Individuals and Newco were not dealing at arm's length. ...

27 October 2005 External T.I. 2004-0103431E5 F- Crédit d'impôt étranger-Gain en capital-- summary under Subsection 126(1) Summary Under Tax Topics- Income Tax Act- Section 126- Subsection 126(1) claiming of principal residence exemption or capital loss carryforwards would generally preclude FTC for related US capital gains tax A Canadian resident, who owned a condominium in Florida for his personal use, disposed of the condominium at a gain that was taxed in the U.S., and utilized the personal residence exemption or, alternatively, capital loss carryforwards, to offset the gain. ... On the other hand, if the taxpayer has sufficient non-business income from that particular country, a FTC may be claimed even though no tax under the Act arises from the income underlying the foreign tax (i.e., in this example, the capital gain was reduced to nil by paragraph 40(2)(b)). … [I]f for a taxation year Mr. ...

5 January 2005 External T.I. 2004-0085571E5 F- Art. XXIV de la Convention Canada-France-- summary under Article 25 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 25 Art. 24(1) of Canada-France Convention would provide the principal residence exemption to a Canadian citizen if France accorded the exemption to a French national residing in Canada Regarding a capital gain realized by a Canadian citizen residing in Canada on the disposition of a residence located in France, CRA indicated that Art. 24(1) of the Canada-France Convention was “intended to ensure that nationals of a Contracting State in the same circumstances are not treated less favourably in the other Contracting State than that State's own nationals,” CRA stated: [Art. 24(1)] would require the French tax authorities to treat the gain realized by the Canadian citizen on the disposition of a residence located in France in the same way as such a gain would be treated if it were realized by an individual with French nationality who was in the same situation as the Canadian citizen, i.e. the individual resided in Canada and the residence the individual had was located in France. … [T]he Canadian citizen to whom you refer in your request will be able to benefit from the exemption for the gain realized on the disposition of the residence located in France to the extent that a person with French nationality whose situation in fact and in law is identical to the individual’s own could benefit from it. ...

24 January 2005 External T.I. 2004-0099471E5 F- Convention de retraite pour un actionnaire-employé-- summary under Paragraph 56(1)(x) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(x) Part XI.3 tax and s. 56(1)(x) income inclusion apply even where RCA contribution is partially or fully non-deductible 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, and can the RCA be funded when such contributions are not deductible to the employer? After paraphrasing the s. 20(1)(r) wording, indicating that, to be deductible, “the contributions must relate to services rendered to that corporation as an employee” and discussing the s. 67 limitation, CRA stated: [T]hat subsection does not … restrict the contributions necessary to fund an RCA. ...

3 February 2005 External T.I. 2005-0112141E5 F- Safe income-- summary under Paragraph 55(2.1)(c) Summary Under Tax Topics- Income Tax Act- Section 55- Subsection 55(2.1)- Paragraph 55(2.1)(c) safe income prorated on a partial crystallization of an accrued gain Mr. A, who held ½ of the common shares of Opco having a PUC and ACB of $100, a safe income on hand of $699,900 and a fair market value of $1,000,000, transferred his common shares to a new corporation (“Holdco”) in consideration for common shares of Holdco, with the s. 85(1) agreed amount being $300,000, thereby realizing a $299,900 capital gain for which he claimed the capital gains deduction. ...

2 February 2005 External T.I. 2004-0104671E5 F- Convention de retraite- Fonds mis de côté-- summary under Retirement Compensation Arrangement Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Retirement Compensation Arrangement no requirement that payment to the other be in trust In a general response to a query as to whether a special reserve fund that an employer creates by depositing money with a broker to provide for the payment of a portion of a pension payable for the retirement of a management employee will constitute a salary deferral arrangement or a retirement compensation arrangement, CRA stated: In a situation where an employer pays money to a bank, trust company or broker to meet its obligations upon the retirement of an employee, the money could be considered a contribution in respect of benefits that may be received by a person upon that person's retirement. … Please note that the definition of a retirement compensation arrangement does not require that the contributions become the property of the person to whom they are made or that a trust be created. ...

23 February 2005 External T.I. 2004-0093921E5 F- Déménagement d'un employé-Paiement de frais-- summary under Paragraph 6(1)(a) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) payment of house-hunting fee for new hire was non-taxable The corporation hired someone to search for accommodation in Canada of its new president, who was moving to Canada to take up his position, and to take care of the administrative formalities of obtaining a health insurance card, a social insurance number, a driver's licence and opening a bank account. ... Similarly, it is necessary for the president to have a social insurance number in order to be employed in Canada. … While there may be arguments that the costs of obtaining a health insurance card and opening a bank account are personal costs that do not benefit the employer, there are also arguments for considering these costs as part of the reasonable costs of the president's move to Canada. ...

22 March 2005 External T.I. 2005-0112081E5 F- Convention de retraite- lettre de crédit-- summary under Subsection 207.5(2) Summary Under Tax Topics- Income Tax Act- Section 207.5- Subsection 207.5(2) election not available to custodian holding an LC The employer for an RCA trust contributed to it an amount equaling the fee payable by the trust to a financial institution for issuing a letter of credit, plus the (equal) amount of the refundable tax. ... After indicating that the RCA trust could not recover the refundable tax in respect of the contribution used to pay the costs of issuing a letter of credit when paying such pension benefits to the beneficiaries, CRA stated: A custodian of an RCA may make an election under subsection 207.5(2) to recover refundable tax where the specified property of the RCA (other than the right to claim a refund under Part XI.3) at the end of the year consists solely of cash, debt obligations or shares listed on a prescribed stock exchange. … [T]he custodian of an RCA who holds a letter of credit would not be able to make the election under subsection 207.5(2). ...

3 May 2005 External T.I. 2005-0124261E5- Employee Stock Purchase Plan-- summary under Paragraph 7(3)(b) Summary Under Tax Topics- Income Tax Act- Section 7- Subsection 7(3)- Paragraph 7(3)(b) s. 7(3)(b) applies to trusteed treasury share, but not open-market purchase, plan A corporate employer contribute amounts to a newly-established trust from time to time, and the trustee uses those contributions to acquire shares of the employer from the employer or non-arm’s length shareholders thereof. ... To clarify…where it is evident, from its inception, that the arrangement is subject to subsection 7 of the Act, it is our view that an employer cannot deduct any amounts with respect to any contributions made by the employer under the arrangement. … [However] section 7… will not apply to situations where an employer contributes an amount to a trust and the trust uses the funds to acquire shares through open market transactions. ...