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Therefore, Pubco would be considered to be in the same position in relation to the control of Aco as if Pubco owned the Aco shares at that time. ...

As indicated in the Bulletin, should these factors change after employment commences, it may be necessary to redetermine whether the duties undertaken by the employee are considered to be of a temporary nature for the purposes of the special work site exclusion. ...

In the second scenario, a Canadian resident sells a good (or provides a service) to a non-resident at an amount less than an arm’s length price and a transfer pricing adjustment is made to increase the amount considered to be received. ...

In addition, other criteria such as the number of staff at the facility, their skills and the equipment available in order to provide nursing care to patients 24 hours a day are elements that may be considered to establish if a retirement residence is a nursing home. ...

CRA was asked whether this payment requirement would be considered to be satisfied if the foreign affiliate is wound up (perhaps on the basis that there is an implicit set-off between the amount owing by Canco and the winding-up distribution payable by the foreign affiliate- see e.g., 2013 Ruling 2013-0498551R3). ...

CRA responded: Although the GAAR Committee considered that [similar] Transactions circumvented the integration principle, it recommended that the GAAR not be applied. ...

CRA commented: Although the GAAR Committee considered that [similar] Transactions circumvented the integration principle, it recommended that the GAAR not be applied. ...

CRA considered that this was merely a convenient way of referring to the corporation which had now become a foreign affiliate of Canco rather than implying that there was a requirement that it also have been a foreign affiliate of Canco in the preceding year. ...

CRA considered that a lump sum payment received from a major supplier for signing a 15-year “supplier loyalty agreement” would be includible in income when received under s. 56.4(2) on the grounds that the loyalty covenant was intended to restrict the way in which the taxpayer made its purchases (i.e., it was in respect of a “restrictive covenant”), and then went on to state: However, if the amount is not in respect of a restrictive covenant, the Payment appears to be an amount otherwise described in paragraph 12(1)(x)...as an inducement or as assistance. ...

Accordingly… the amount of a dividend does not arise until it is considered to be received, and is thus included in income. ...