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A considered a "resident contributor" to that trust? CRA responded: A resident contributor, in respect of a particular trust at any time, is an "entity" (which term includes, inter alia, a natural person) that, at that time, is both resident in Canada and a "contributor" (as defined in this subsection) to the trust. ...

In addition, we cannot establish that the provisions of subsection 248(8), including that a transfer, distribution or acquisition of property has occurred under or as a consequence of the terms of the will or other testamentary instrument and therefore may be considered to be a transfer, distribution or acquisition of the property as a consequence of the death of the deceased person. ...

Respecting the Maturity Payment, it did not satisfy the s. 20(1)(f) wording, as a “forward transaction cannot be considered to be any bond, debenture, bill, note, mortgage, hypothecary claim or similar obligation” (Federated Co-op was cited in this regard). ...

Thus, for the purposes of section 116, all shares disposed of must be considered, not just those disposed of for cash consideration. ...

In particular, a block of shares cannot be considered as a single property for the purposes of subsections 248(20) and (21). ...

Ruling A former employee of Partnership will be deemed to be a former employee of Sub1 for the purpose of s. 147.2(8) and Partnership will be considered a “predecessor employer” for such purpose, pursuant Reg. 8500(1.2) and the definition of “predecessor employer” in Reg. 8500(1). ...

The CRA's administrative position is that the "all or substantially all" test is usually considered to be satisfied where a level of 90% or more is reached. ...

CRA responded: In most treaties where management fees or charges are not specifically dealt with, the business profits provisions are considered to include reasonable management fees. ...

Accordingly … only the taxable capital of the CCPC (Xco) should be considered for purposes of the proposed amendments to subsection 125(5.1) since the facts submitted indicate that the associated corporation (Yco) does not carry on business through a permanent establishment in Canada within the meaning of subsection 400(2) of the ITR. ...

Y can be considered a beneficiary under civil law. In our view, subparagraph 256(1.2)(f)(ii) is broad enough to apply to a person designated as a beneficiary even if the person's entitlement to the income and capital of the trust is triggered by the death of the individual’s father. … [I]t is clear from the wording of subparagraph 256(1.2)(f)(ii) that Parliament intended this provision to apply where a person is named as a beneficiary in the trust indenture, and the person's share of the trust's income or accumulated capital is conditional on the exercise or non-exercise of discretion in that regard. ...