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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 250(1)(a) Summary Under Tax Topics- Income Tax Act- Section 250- Subsection 250(1)- Paragraph 250(1)(a) Meaning of “sojourn” (pp. 32:5) In Thomson, t he Supreme Court of Canada touched on the meaning of the word "sojourn" in obiter dictum, stating that "[o]ne 'sojourns' at a place where he unusually, casually or intermittently visits or stays". ...

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 Article 18 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 18 Scope of withholding exemption/reduced withholding for period pension payments (p. 32:15) The Canada-UK treaty…eliminates withholding for periodic pension payments, which may be applicable to certain payments from RRSPs, RRIFs, RCAs and CPP and OAS benefits. ...

Janette Pantry, Carrie Smit, "Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act", draft 2020 CTF Annual Conference paper-- summary under Paragraph 128(1)(g) Summary Under Tax Topics- Income Tax Act- Section 128- Subsection 128(1)- Paragraph 128(1)(g) Generally no application of s. 128(1)(g) where proposal accepted (p. 8) Although s. 128(1)(g) provides that any losses of the corporation for a taxation year preceding that in which an “absolute order of discharge” is granted will not be deductible in any subsequent year, if a bankrupt is successful in having a proposal accepted by its creditors, the bankruptcy would typically be annulled under BIA s. 61(1), so that no absolute order of discharge is issued (pursuant to an application under BIA, ss.169(4)), and the losses appear to be eligible for carryforward even though the debts likely are not paid in full. ...

Janette Pantry, Carrie Smit, "Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act", draft 2020 CTF Annual Conference paper-- summary under Paragraph B(i) Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(1)- Forgiven Amount- Element B- Paragraph B(i) Notwithstanding IT-293R, para. 26, there may be no forgiven amount even though debtor’s proposal subsequently approved (pp. 8-9) Although under para. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Tangible Personal Property Summary Under Tax Topics- Other Legislation/Constitution- British Columbia- Provincial Sales Tax Act- Section 1- Tangible Personal Property Supplies of real property v. tangible personal property (p. 10:31) [R]eal property in British Columbia includes land, buildings and structures, and machinery, equipment, and other property that is attached to the land or buildings by some means other than their own weight. … If there is a large degree of affixation, the good either becomes incorporated into the real property as an improvement to the real property or it becomes affixed machinery. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Investment Summary Under Tax Topics- Income Tax Act- Section 122.1- Subsection 122.1(1)- Investment Application of "replicate" test to public company investors (pp. 10:23-4) [T]he "replicate test" within the definition of "investment" in subsection 122.1(1) is sufficiently broad to potentially treat publicly traded shares of a corporate partner as an investment in a SIFT partnership…. ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Subsection 13(29) Summary Under Tax Topics- Income Tax Act- Section 13- Subsection 13(29) Long-term project rule may permit faster CCA write-offs for long-term projects (p. 10:20) When the creation of an asset in a major construction project is expected to extend beyond three years, a faster CCA writeoff may be available through reliance on the long-term project rules described above. ...

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(4) Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(4) Generation of net capital losses (NCLs) to absorb forgiven amount (p. 13:11) Another common tax planning theme…is to trigger any embedded capital losses on the shares of related subsidiaries held by the debtor in the year preceding the year of debt settlement so that those embedded capital losses will become NCLs and any forgiven amount will be mandatorily applied to those NCLs (after NOLs are fully reduced). ...

Marie-Andrée Beaudry, Dean Kraus, "Selected Income Tax Considerations in the Court-Approved Debt Restructurings and Liquidations", 2015 Annual CTF Conference paper-- summary under Section 224.1 Summary Under Tax Topics- Income Tax Act- Section 224.1 Limitations on CRA compensation (set-off) rights (p. 13:36) While Revenu Québec followed the decision in DIMS Construction [fn 111: … 2005 SCC 52] with regards to formal bankruptcies, until quite recently it continued to apply the compensation mechanism to use post-insolvency refunds owed to the tax debtor to reduce pre-insolvency debts when the debtor was the subject of an approved proposal under the BIA. ...

Alison Spiers, "ECP Planning: Some Practical Considerations", Canadian Tax Focus, Vol. 6, No. 4, November 2016, p 1-- summary under Disposition Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Disposition Goodwill not transferable separately from business (p.1) The view of the courts (Herb Payne Transport Ltd. v. ...