Search - connection

In connection with an analysis that treated mining leases as real property for purposes of Art. ...

The Queen, 2018 TCC 85-- summary under Subsection 104(1) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(1) Quebec trusts are considered to be owners of their property for ITA purposes The taxpayers, in connection with arguing (at para. 62) that the reference in the preamble to s. 256(1.2)(f)(ii) to “shares … owned.. by a trust” should be interpreted as referring only to shares that had been earmarked under the deed of trust for the beneficiaries, went on to argue (para. 1261) that, having regard to Art. 1261 of the Civil Code, a Quebec trust was not the owner of the property in its patrimony. ...

Such surrenders occurred (and were previously contemplated in agreements with purchaser corporations to occur) in connection with the acquisition of all their shares by unrelated corporate purchasers. ...

In connection with a finding that these transactions gave rise to an abuse under the Quebec general anti-avoidance rule, Schrager JA noted that establishing different year ends for provincial and federal purposes was contrary to the purpose of the Quebec definition of “fiscal period” in Taxation Act, s. 7 which, in copying the federal definition, did not show any intention to allow different year ends for federal and Quebec purposes, stating (at para. 52): The definition of fiscal period essentially copied from the federal legislation some years ago cannot in context be characterized as tax policy and certainly not a policy to treat capital gains differently from other provinces or from the federal government. ...

Victoria Power Networks Pty Ltd v Commissioner of Taxation, [2019] FCA 77-- summary under Compensation Payments Summary Under Tax Topics- Income Tax Act- Section 9- Compensation Payments additonal customer connection charges to cover loss were income receipts Australian electricity distributors were entitled to require their customers to pay an amount equal to the estimated net economic burden to the distributors of hooking them up to electricity, i.e., where the the present value of the incremental cost exceeded the present value of the incremental revenue. ...

Cameo also incurred disbursements in connection with its appeal of $17.9M. ...

Canada (Attorney General), 2019 FC 960, aff'd 2022 FCA 158-- summary under Subsection 266(2) Summary Under Tax Topics- Income Tax Act- Section 266- Subsection 266(2) Canada’s FATCA-related legislation does not contravene the Charter Mactavish J rejected the position of two American citizens, who had had no significant connection with the U.S. since early childhood, that the information-reporting requirements in ITA Part XVIII resulted in the unreasonable seizure of financial information belonging to U.S. persons in Canada, contrary to s. 8 of the Charter. ...

The Queen, 2019 TCC 149-- summary under Paragraph (b) Summary Under Tax Topics- Excise Tax Act- Section 169- Subsection 169(1)- Element B- Paragraph (b) services respecting proposed development of a property did not constitute a use of the property The appellant (“137ON”), which was a corporation owned by members or affiliates of the Foley family that owned 10 residential rental properties, including a house on a 10 acre parcel (the “Subject Property”) which it was seeking to develop as a commercial storage site, received services from individuals or companies associated with the Foley family in connection with such property development. ...

The Queen, 2019 TCC 149-- summary under Subparagraph 3(c)(iii) Summary Under Tax Topics- Excise Tax Act- Regulations- Input Tax Credit Information (GST/HST) Regulations- Section 3- Paragraph 3(c)- Subparagraph 3(c)(iii) statement of terms of payment was implied The appellant, which was seeking to develop one of its residential rental properties as a commercial storage site, received services from individuals or companies associated with the Foley family in connection with such property development. ...

The taxpayer borrowed a larger sum in connection with subscribing for and acquiring common shares of Vidabode in order inter alia to fund the repayment by Vidabode of the GE Capital loans. ...