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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. ...

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 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 Test of a permanent home available (p. 32:9) In Salt, … [t]he appellant successfully argued that the tie-breaker rules deemed him to be resident in Australia because he had leased his house in Canada to an unrelated third party on arm's length terms and conditions, and therefore did not have a permanent home available in Canada. ...

Janette Pantry, Carrie Smit, "Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act", draft 2020 CTF Annual Conference paper-- summary under Forgiven Amount Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(1)- Forgiven Amount Description of reverse vesting transaction (pp. 17-18) In a “reverse vesting transaction”, the obligations of the debtor which are to be settled without payment are vested out of it and assumed by a new corporation (“ExcludedCo”), with the debtor corporation (owing only those debts to be retained or satisfied) being acquired by the new owner(s) (which could be secured creditors), and with ExcludedCo then being wound-up or placed into bankruptcy. ...

Gordon Zittlau, "Corporate Reorganizations Involving Taxable Canadian Property – Foreign Merger Considerations", International Tax Planning (Federated Press), Vol. ...

Michel Ranger, Rhonda Rudick, "Federal and Provincial Tax Considerations Relating to Non-Resident Investment in Canadian Real Estate", 2019 Conference Report (Canadian Tax Foundation), 32:1 – 39-- summary under Paragraph (c) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Taxable Canadian Property- Paragraph (c) ARQ position that shares with no connection to Quebec can be taxable Quebec property (pp. 32:20-21) [I]n certain circumstances shares of a corporation (whether Canadian or foreign) could constitute TQP even when the corporation in question has no assets or property in, or any other connection to, the province of Quebec. ...

Janette Pantry, Carrie Smit, "Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act", draft 2020 CTF Annual Conference paper-- summary under Subparagraph 20(1)(c)(i) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(c)- Subparagraph 20(1)(c)(i) Interest stops rule applicable to unsecured debt (pp. 21-23) Under the interest stops rule, interest on unsecured provable claims stops accruing at the commencement of relevant proceedings, given that all unsecured creditors should generally receive equal treatment, so that the assets should be distributed amongst the unsecured creditors pro rata to their claims existing at the time of the insolvency. ...

Gordon Zittlau, "Corporate Reorganizations Involving Taxable Canadian Property – Foreign Merger Considerations", International Tax Planning (Federated Press), Vol. ...

Manon Thivierge, "Income Tax Due-Diligence Considerations in Mergers and Acquisitions", 2015 Conference Report (Canadian Tax Foundation), 18:1-29-- summary under Subsection 89(11) Summary Under Tax Topics- Income Tax Act- Section 89- Subsection 89(11) Deemed year-end on ceasing to be a CCPC (p. 18:16) [U]nder subsection 249(3.1), when a corporation either becomes or ceases to be a CCPC (otherwise than by way of an acquisition of control to which subsection 249(4) applies), it is deemed to have a taxation year-end immediately before the time that it becomes or ceases to be a CCPC. ...

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 Subparagraph (c)(ii) Summary Under Tax Topics- Income Tax Act- Section 210- Designated Income- Paragraph (c)- Subparagraph (c)(ii) Conversion of trusts deemed disposition income into “designated income” for purposes of Part XII.2 (pp. 32:16-17) If an emigrating individual's interest in a personal trust is exempted from the departure tax and is not subject to part XII.2 tax as discussed below, taxation of any inherent gains in the trust property may be deferred until its actual disposition and the gains may be subject to part XIII withholding tax rather than part I income tax. … Generally, paragraph 104(4)(a.3) triggers a deemed disposition of the property held by a personal trust if a taxpayer transfers property to the trust and it is reasonable to conclude that the property was transferred in anticipation that the taxpayer would subsequently cease to reside in Canada, and then the taxpayer did subsequently cease to reside in Canada. ...

Michel Ranger, Rhonda Rudick, "Federal and Provincial Tax Considerations Relating to Non-Resident Investment in Canadian Real Estate", 2019 Conference Report (Canadian Tax Foundation), 32:1 – 39-- summary under Regulation 805 Summary Under Tax Topics- Income Tax Regulations- Regulation 805 Factual distinction between business and property income for corporation (p. 32:4) In the case of a corporation whose sole activity is the ownership of such property, there is a presumption that a corporation is formed for the purpose of carrying on business; accordingly, where the corporation has only one activity or investment—regardless of its nature—the corporation may be held to be carrying on a business in respect of such single activity or investment. ...