Search - considered

The Queen, 2020 TCC 64, aff'd 2021 FCA 142-- summary under Subsection 152(6) Summary Under Tax Topics- Income Tax Act- Section 152- Subsection 152(6) a CRA policy to adjust loss carrybacks, to a reassessed year, beyond the s. 152(6) period, had no statutory authority The Minister assessed the taxpayer in 2010 under s. 160 respecting a transfer of $1 million in property made to it by an affiliate (“661”) for no consideration in 2003 at a time that CRA considered that 661 had an unpaid tax liability for 2000. ...

What is equally clear is that the maintenance of a fixed place of business which is of a preparatory or auxiliary character in the trade or business of the enterprise would not be considered to be a permanent establishment under Article 5. ...

NewAgco US charged what James Mann considered to be a reasonable mark-up over its costs, and paid fees to AgraCity for logistical and other related services. ...

Turning to the “personal and economic relations” test in Art 4(3)(c), the primary judge considered that the taxpayer’s personal relations were closer to Australia (given his emotional attachment to his family) than Thailand (where he nonetheless had a range of personal relations). ...

The primary judge had considered “that the arm’s length price must be “based on the actual transaction as structured by the parties, save in the case of the two exceptional circumstances identified in the 1995 [OECD Transfer Pricing] Guidelines.” ...

The ARQ considered there to have been abusive surplus-stripping, and applied the Quebec general anti-avoidance rule to treat most of the paid-up capital distributions as taxable dividends. ...

David Richards LJ stated (at paras. 111-112): The clear conclusion to which the FTT came … was put by the FTT at [422], "the Jersey directors were acting under what they considered was an 'instruction' or 'order' from the parent". ...

. … I cannot find that CRA’s “special mail services request form”, albeit presumably with a Canada Post “tracking number” stamped or affixed thereon, can reasonably be considered, “the post office certificate of registration of the letter or a true copy of the relevant portion thereof” per subsection 335(1). ...

In the course of rejecting the taxpayers’ submission that the CAE decision should instead be applied to treat the taxable capital gain as only being includible in the taxpayers’ income in 2010, Quenneville JCQ stated (at paras. 206-207, 210): [T]hat case … dealt with the change of use of property considered to be inventory that had been transferred in the course of a refinancing, but which had continued to be used by the plaintiff for the same purposes as before the transfer. ...

., accepted as having been validly and timely filed in April 2016) and that CRA would be withdrawing the certificate and writ for both applicants “as the debt is now considered to be certified in error.” ...