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GAAR analysis of use of s. 84.1 (p. 11:24) [O]n initial consideration, reliance on a specific anti-avoidance rule to obtain a beneficial tax deferral seems to fall within the scope of abusive tax avoidance because “the outcome defeats the rationale of the provision relied upon.” ...

[Fn. 52. paragraph 251(5)(b) and subsection 249(3.1)] The Canadian target would incorporate a new Canadian subsidiary (“Newco”) and transfer all of the assets that constitute the business, including the IP, to Newco in consideration for common shares. ...

Alternatively, if the intermediary is considered to be in the business of lending money, consideration could be given to whether the penalty paid might be deductible, under section 9 …. ...

The fact pattern under consideration here seems to have been inspired in part by the 2001 decision of the Norwegian Supreme Court in Offshore Accommodation Service AB v. ...

Note, however, that this exception does not extend to stock options issued for other consideration — for example, options issued to subsidiary employees as an incentive to remain with the company post-AOC [acquisition of control].] ...

Such differences in operating costs may occur because of differences in the range; of functions performed, the intensity with which they are performed, efficiency considerations (e.g., economies of scale) Or access to unique intangibles... ...

Legal certainty and administrative considerations also imply that the company should be able to anticipate its PE situation before the work begins. ...

S. 90(9) deduction available after upstream loan of FA1 is distributed on its wind-up into FA2 (p. 4) Example 3: Canco sells the FA1 shares to another foreign affiliate and liquidates FA1 [S]uppose in year 2 Canco sells the FA1 shares to FA2, another wholly owned foreign affiliate of Canco, for cash consideration, and then in year 3 FA1 liquidates into FA2. ...

Documenting that parent has incurred GST to supply management services to sub (p. 4) [I]n order to support the parent corporation's entitlement to claim ITCs on expenses that are incurred in relation to the operations of the underlying operating entities and the provision of management and administrative services to the operating entities, it is beneficial for the parties to enter into a Master Services Agreement to document the fact that the parent corporation is in fact providing various services to the underlying entities for consideration including management services and advisory services. ...

…[T]he round-table question was addressing a situation in which a share is redeemed for cash consideration with the objective of using the paragraph 55(3)(a) exception. ...