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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. ...

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. ...