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28 January 2024- 11:41pm Arrbab- Court of Appeal of England and Wales restrictively interprets a power accorded in subordinate legislation to amend the primary legislation Email this Content Section 124 of the Finance Act 2008 (UK) provided inter alia that Treasury could by statutory instrument make an order in connection with appeals against HMRC decisions which amended the provisions of any Act, provided that a draft of the order had been laid before and approved by resolution of the House of Commons. ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2024-01-31 2023 Ruling 2022-0955451R3 F- Post mortem pipeline Income Tax Act- Section 84- Subsection 84(2) conventional post-mortem pipeline transaction 22 June 2023 External T.I. 2018-0746741E5 F- Eligible dividend allocation Income Tax Act- 101-110- Section 104- Subsection 104(19) eligible and non-eligible dividend can be wholly designated to two respective beneficiaries Income Tax Act- 101-110- Section 104- Subsection 104(13) a discretionary trust can wholly allocate each of an eligible and a non-eligible dividend to each of two recipient beneficiaries 2002-04-26 22 May 2002 Internal T.I. 2001-0106577 F- APPARIEMENT DES REVENUS ET DEPENSES Income Tax Act- Section 9- Timing following Canderel, an upfront payment made under a multi-year supply contract is currently deductible 14 May 2002 Internal T.I. 2001-0109517 F- SECTION DE LA LOI248(28) Income Tax Act- Section 248- Subsection 248(28) disallowance of interest deduction to partnership on loans to corporate partners whose amount was included in their income under s. 15(2), was not contrary to s. 248(28) 8 May 2002 Internal T.I. 2002-0135737 F- REGIME DE CONGE A TRAITEMENT DIFFERE Income Tax Regulations- Regulation 6801- Paragraph 6801(a)- Subparagraph 6801(a)(vi) s. 6(11) income recognition when apparent that the leave would not commence within 6 years/ Reg. 6801(a)(vi) does not to extend 6-year period but deals with leaves over one year 2002-04-12 3 May 2002 External T.I. 2001-0110145 F- avantage imposable-vetements Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) reimbursing a professor for a briefcase needed in connection with work would be non-taxable 3 May 2002 External T.I. 2002-0132615 F- PERTE DECOULANT D'UN PAIEMENT A UN RPDB Income Tax Act- Section 147- Subsection 147(8) creation of a business loss from making a DPSP contribution is not necessarily inconsistent with the DPSP rules 1 May 2002 External T.I. 2002-0133145 F- RAP- BAIL & ACTIONS Income Tax Act- Section 146.01- Subsection 146.01(1)- Qualifying Home unit consisting of a leasehold interest and shares of the corporation owing the property could qualify as qualifying home ...

Reg. 402(5), which provides that, for Reg. 402(3) purposes, corporate gross revenue does not include interest on bonds, debentures or mortgages, dividends- or rentals or royalties from property that is not used in connection with the principal business operations – is broadly interpreted by CRA to also extend to interest on promissory and other notes, bankers’ acceptances, intercompany loans, certificates, guaranteed investment certificates, and any unsecured debt instruments. ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2002-01-04 9 January 2002 External T.I. 2001-0089655 F- AVANTAGE AUTOMOBILE Income Tax Act- Section 248- Subsection 248(1)- Automobile- Paragraph (e)- Subparagraph (e)(i) 6-seat pickup not excluded from 90% test Income Tax Act- Section 6- Subsection 6(2) being on-call at home does not diminish the personal benefit from use 10 January 2002 External T.I. 2001-0090325 F- UTILISATION DES VEHICULES Income Tax Act- Section 6- Subsection 6(2) commuting in connection with employer requirement to keep vehicle overnight at home was personal use – but not emergency use 18 January 2002 External T.I. 2001-0092665 F- AUTOMOBILE-VEHICULE PUBLICITAIRE Income Tax Act- Section 248- Subsection 248(1)- Automobile automobile status turns on design, not use (here, only for advertising) Income Tax Act- Section 248- Subsection 248(1)- Automobile- Paragraph (e)- Subparagraph (e)(i) vehicle cosmetically altered for advertising purposes is not thereby used to transport goods or equipment 8 January 2002 External T.I. 2001-0094485 F- EMPLOI SUR UN CHANTIER PARTICULIER Income Tax Act- Section 6- Subsection 6(6)- Paragraph 6(6)(a) s. 6(6) applicable to a non-citizen 21 January 2002 External T.I. 2001-0078735 F- Droit de recevoir une somme Income Tax Act- Section 54- Proceeds of Disposition FMV of contingent right to deferred cash sales proceeds was included in proceeds, with subsequent gain or loss when the contingency was resolved Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(g) s. 12(1)(g) inapplicable to contingent right to receive deferred cash sales proceeds to the extent the share consideration declined in value Income Tax Act- Section 85- Subsection 85(1)- Paragraph 85(1)(f) s. 85(1)(f) applicable to contingent right to receive deferred cash sales proceeds to the extent the share consideration received under s. 85(1) declined in value 21 January 2002 External T.I. 2001-0080325 F- FRAIS DE VOYAGE-BIENS LOCATIFS Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(h) notwithstanding s. 18(1)(h) jurisprudence, CCRA allows travel expenses incurred for collecting rent, supervising repair work or managing the multiple rental properties ...

After noting that this ERDTOH-NERDTOH shift resulted “from the fact that paragraph 186(1)(b) makes no connection between the type of RDTOH account entitling Aco to the DR and the type of dividend received by Bco and Cco,” CRA indicated that, here, “the conversion of an amount of ERDTOH into an amount of NERDTOH results in an increase in the tax payable by the Shareholder … but only at … the stage where the amount of dividends paid is limited to the amount necessary to give entitlement to the DR of the ERDTOH and the NERDTOH of Bco and Cco totalling $138,333.” ...

Before concluding that the interchange fees were not zero-rated on the basis of the exclusion in ETA VI‑IX‑1(a)(ii) for a service that “relates to (a) a debt that arises from … (ii) the lending of money that is primarily for use in Canada”, Sommerfeldt J found that: regarding the “relates to” test, “there only needs to be ‘some connection’ between the interchange services and the debt described in the carve‑out; in this context the verb “lend” should have “a broad meaning (recognizing that a loan arises when the lender, at the request of the borrower, pays money to a third party in satisfaction of an obligation owed by the borrower to the third party)”, so that “when a Cardholder used a CIBC Visa Card in respect of a transaction, CIBC loaned to the Cardholder, and the Cardholder borrowed from CIBC, the monetary amount of the transaction” (even though the funds went to the merchant); “in a tax context, the word primarily generally means (among other things) principally, mainly, most importantly, or more than 50% ”; and “the loaned money was used to pay merchants located in Canada” so that “the money paid by CIBC indirectly to the merchants (i.e., through the Visa Payment System), in satisfaction of the Cardholders’ obligations to the merchants, was loaned money that was primarily for use in Canada”. ...

She then found that, given the close connection between the NITR and its subsequent publication, an application for judicial review of the Minister’s decision to publish the NITR was a proceeding “in respect of” the Minister’s decision to issue or confirm the NITR. ...

Professional membership dues must reasonably relate to the employment income source, but it is not necessary that the payment of the annual dues be essential for the employee to hold the position; however, there must be a reasonable connection between the professional membership and the position, e.g., professional status as a chemical engineer at a chemicals company. ...

In light of these and other failings by CRA, Hamilton JCS awarded the taxpayers approximately $4.8 million in damages comprised principally of interest that the large corporations were required to pay on the reassessments before they were reversed, a portion of the professional fees that were incurred in connection with the audit and, in the case of two of the individual taxpayers, $250,000 for damages to reputation (respecting a false statement made to the Bermuda authorities that CRA was conducting a "criminal" investigation) and for stress, trouble and inconvenience. ...

MacDonald did not sell his … shares immediately to offset his losses under the forward contract does not sever this connection”. ...