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Subsection 85(3) generally applies where a partnership has disposed of property to a corporation under subsection 85(2) of the Act, winds up its affairs within 60 days of that disposition and has, immediately before the winding-up, no property other than money or property received from the corporation as consideration for the disposition. ...

As we have not had the opportunity to consider the issue of double taxation in this context before, and as each case has its own set of facts, you may wish to submit any situation involving double taxation to the International Section of Income Tax Rulings for their consideration. ...

Consideration should be given to any other factors which could have an effect on the relative value of either of the two portions. ...

At step 4), Holdco has received the Newco note as consideration for the redemption of the shares held by Holdco in Opco. ...

It is the Canada Revenue Agency (“CRA”)’s long standing view that a foreign plan will be considered to be a superannuation or pension plan where contributions are made to the plan by or on behalf of the employer or former employer of an employee in consideration for services rendered by the employee and the contributions are used to provide an annuity or other periodic payment on or after the employee’s retirement. ...

17 May 2012 Internal T.I. 2012-0437001I7 F- Price Adjustment Clause Unedited CRA Tags 85(1)(e.2) Principales Questions: 1) Whether the CRA requires an amended election to be filed pursuant to subsection 85(7.1) and the payment of the penalty pursuant to subsection 85(8) as a condition for recognizing the validity of a price adjustment clause for the purposes of the application of paragraph 85(1)(e.2). 2) If the answer to question 1) is negative, whether it is based on the fact that the purpose of an election under section 85 is to elect on an agreed amount and the adjustment to the FMV of the share consideration does not modify the election. ...

This may be a relevant consideration where, for example, the insured has not appointed the named persons in the insurance designation in their capacity as trustees of the estate or where the policyholder was not the taxpayer (bolding added).” ...

However, while a minimum lot size or severance restriction imposed by local municipal by-laws may be a factor in indicating that land in excess of one-half hectare might be required for the use and enjoyment of the housing unit as a residence, it is not the only consideration. ...

Except where fair market value consideration is paid by the spouse or the parties are living separate and apart by reason of a breakdown of their marriage, income earned and capital gains and losses realized on property transferred or loaned from an individual to the individual’s spouse (and on property substituted for that property) are generally deemed to be the income, gains or losses of the taxpayer and not of the individual’s spouse. ...

., employees with similar credentials, similar job functions, experience, seniority, etc.) whose family members do not receive (or are not eligible to receive) tuition assistance; the employee does not forego salary, wages, or other remuneration to which he or she is entitled (currently or in a future year), to fully or partially fund the tuition assistance; there is no evidence which links the tuition assistance to a specific reduction in the employee’s salary, wages, or other remuneration; tuition assistance is not provided as full or partial consideration for entering into an employment contract. ...