Search - consideration

Brian Kearl, Carl Deeprose, "Leaving Canada's New High Tax Rate Regime: Considerations, Tips and Traps", 2016 Conference Report (Canadian Tax Foundation),32:1-24-- summary under Paragraph 128.1(1)(d) Summary Under Tax Topics- Income Tax Act- Section 128.1- Subsection 128.1(1)- Paragraph 128.1(1)(d) General effect of the s. 128.1(1)(d)(iii) limitation (p. 32:13) [T]he emigrating individual may elect to expand the application of the deemed disposition provisions … to … Canadian real estate, Canadian resource property, Canadian timber resource property and certain property used to carry on a business in Canada.... ...

Michael Dolson, "Trust Residence After Garron: Provincial Considerations", Canadian Tax Journal, (2014) 62:3, 671-99.-- summary under Subsection 2(1) Summary Under Tax Topics- Income Tax Act- Section 2- Subsection 2(1) Application of corporate central management and control test (pp. 694-5) [O]nce the elements of control in respect of the trust property have been ascertained, it is the place from which that control is exercised that is relevant, and not the day-to-day location of the "controller. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Taxable Services Summary Under Tax Topics- Other Legislation/Constitution- British Columbia- Provincial Sales Tax Act- Section 1- Taxable Services Exemption for services to install TPP that will become real property (p. 10:31) Taxable services include any service provided to install, assemble, repair, adjust, restore, recondition, or maintain any TPP. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Paragraph 12(1)(l.1) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(l.1) Proxy income inclusion does not boost unit ACB (p. 10:13) [I]f a corporate partner exceeds the permitted 1.5:1 ratio, interest expense on partnership debts owing to specified non-residents will not be denied at the partnership level but will instead be added back to the corporation's income under paragraph 12(1)(1.1). ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Paragraph 18(6)(c) Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(6)- Paragraph 18(6)(c) Simplified overview of rule (p. 10:13) A back-to-back loan exists when a Canadian resident has an outstanding interest-bearing debt obligation (Canadian debt) to an arm's-length lender (intermediary) if there is a debt owing by the intermediary (or a person who does not deal at arm's length with the intermediary) to a person who does not deal at arm's length with the Canadian resident (intermediary debt), and when any one of the following three conditions are met: 1) recourse of the intermediary debt is limited to the Canadian debt; 2) a strong causal connection exists between the intermediary debt and the Canadian debt; or 3) the intermediary (or a person that does not deal at arm's length with the intermediary) has a "specified right" granted by a non-resident connected to the Canadian resident, and a strong causal connection exists between the specified right and the Canadian debt. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Adjusted Stub Period Accrual Income Summary Under Tax Topics- Income Tax Act- Section 34.2- Subsection 34.2(1)- Adjusted Stub Period Accrual Income Deferral with choice of partnership year-end with partnership in start-up (p. 10:5) Many major construction projects are not taxable for a number of years, and their tax exposure may grow over time as operational efficiencies are achieved. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Class 14 Summary Under Tax Topics- Income Tax Regulations- Schedules- Schedule II- Class 14 Construction costs incurred for Class 14 licence (p. 10:18) [The project] contract states that in exchange for granting the concession, the P3 [Projectco] has "agreed" to incur the costs necessary to meet its contractual obligations. ...

Marie-Andrée Beaudry, Dean Kraus, "Selected Income Tax Considerations in the Court-Approved Debt Restructurings and Liquidations", 2015 Annual CTF Conference paper-- summary under Subsection 80(3) Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(3) Wind-up of subsidiary (Subco) immediately before CCAA compromise to insulate its non-capital losses (“NOLs”) from s. 80 (p. 13:16) The winding up of Subco into Pubco also results in Subco's... ...

Marie-Andrée Beaudry, Dean Kraus, "Selected Income Tax Considerations in the Court-Approved Debt Restructurings and Liquidations", 2015 Annual CTF Conference paper-- summary under Subsection 222(2) Summary Under Tax Topics- Income Tax Act- Section 222- Subsection 222(2) Stay of assessment in CCAA proceedings (p. 13:38) In… Girard, the Québec Court of Appeal concluded that a notice of assessment or reassessment constituted a proceeding and was therefore subject to the stay of proceedings under the BIA. ...

Alison Spiers, "ECP Planning: Some Practical Considerations", Canadian Tax Focus, Vol. 6, No. 4, November 2016, p 1-- summary under Subsection 14(1) Summary Under Tax Topics- Income Tax Act- Section 14- Subsection 14(1) a purported transfer of goodwill or knowhow separately from the related business may not be effective Given a judicial view that goodwill is inseparable from the business to which it adds value, it would appear that the accrued gain on goodwill cannot be realized apart from a disposition of the business. ...