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Does this mean that each company in the entire international structure is part of the affiliated group for the purposes of this rule, even if some of them have no connection with the Canadian entities, and the Canadian entity is insignificant compared with the entire international structure? ...

The taxation of participants in the year in which contributions are made to an EPSP (in contrast to an EBP trust whose participants are not taxable regarding contributions to or earnings of the trust until they receive a distribution, assuming there is no SDA) means that EPSPs will usually be most useful in connection with employee share plans under which the contributions are relatively small. ...

.-- summary under Subsection 248(10) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(10) Pre-butterfly transaction whose structure or timing is affected by considerations relating to the butterfly is in contemplation thereof (p. 14:10) It is not our view that property will necessarily be considered to have become property in contemplation of a subsequent butterfly reorganization merely because it is intended, at the time the property becomes property of the particular corporation, to carry out the butterfly reorganization; instead, there must be some connection between the acquisition and the later reorganization. ...

It also provided that such taxes would include any taxes related to debt forgiveness arising from or in connection with the consummation of the transaction. ...

Construction site services excluded from V(9) of Canada-US Treaty (p. 341) The meaning of the words "Subject to paragraph 3" is not perfectly clear…Others suggest that it means that if the services are performed in connection with a construction site, then one must ignore article V(9) altogether and focus only on article V(3). ... Limitation-on-source-state purpose of Services PE (p. 345) If the services PE rule provided that any provision of services for more than 183 days would create a PE, then that would merely create situations where a foreign enterprise might be saddled with a P E despite having relatively little connection to the source state in respect of any one project. ...

[I]t is well established in the jurisprudence that the purpose or object test in the definition of mining CEE can be satisfied even if the expense is incurred for more than one purpose and that this test only requires a simple connection between the expenses incurred and the actual exploration work or, failing that, a credible plan showing the taxpayer's intention of carrying out such work [f.n. 78: Petro-Canada... 2004 FCA 158, para 34 and 35; Gulf Canada... 92 DTC 6123 (F.C.A)...; Global Communications... 1999 CanLII 8206].... ... In addition, pre-production CEE will be excluded as CEE only if a connection can be made between the pre-production income that is earned (or which the mining corporation reasonably expects to earn) and the pre-production CEE. ...

Indeed, the CRA itself has acknowledged the connection between enforceability and value, albeit in a context outside of the restrictive covenant provision. ...

Section 409A of the Code, on the other hand, permits payments in connection with one or more of a number of permissible distribution events, which include: "separation from service," death, disability, change in control of the employer, unforeseeable emergency, or a fixed time or pursuant to a fixed schedule. ...

There is also uncertainty regarding potential circularity arising in connection with late capital dividend elections. ...

PWC, "Bill C-29 significantly expands back-to-back rules", Tax Insights PWC International Tax Services, Issue 2016-53, 16 November 2016-- summary under Subsection 212(3.4) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(3.4) Example illustrating key difference between the existing and amended rules in a situation Canco and 4 related non-residents (NR1, NR2, NR3 and NR4) (pp. 6-7) Facts Loans (it is assumed that each loan satisfies the connection test in the back-to-back rules): Canco receives a $1,500 loan from NR1 NR1 receives a $2,000 loan from NR2 and a $1,000 loan from NR3 NR3 receives a $1,000 loan from NR4 Other facts: Canco pays $150 interest to NR1, which is subject to 10% withholding tax or ($15) due to a tax treaty Interest paid to NR4 is also eligible for a 10% treaty rule Interest paid to NR2 and NR3 is not eligible for treaty benefits (and is therefore subject to a 25% withholding tax rule) Existing Rules Under the existing rules, Canco is deemed to pay interest to both NR2 and NR3, because they both provide funding to NR1, and interest paid to each funder would be subject to a higher withholding tax rate than interest paid to NR1 (notwithstanding that NR3 is itself funded by NR4, which is not subject to a higher tax rate).... ...