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In finding that there were no reasonable grounds for interfering with this decision, Woods JA applied the Vavilov principle that in order for the Minister’s decision to be reasonable “the outcome should be considered in light of the underlying rationale to ensure that the decision as a whole is transparent, intelligible and justified”- and concluded that the decision satisfied those requirements. She also stated: The fact that the Minister did not discuss the harshness of the tax result does not mean that it was not considered and does not render the decision unreasonable. ...

30 November 2023- 10:17pm CRA indicates that an RSU award as signing bonus or inducement to move, or as an award for a current performance accomplishment. might not engage the SDA rules Email this Content 2020-0864831I7 found that full-value restricted share units (“RSUs”) granted early in the calendar taxation year of the employer (the “Grant Year”) were considered to be in respect of services in the previous year, so that such award came within the salary deferral arrangement (SDA) definition, and would not be excluded under para. ... However, CRA acknowledged that, notwithstanding this presumption, a grant of full-value RSUs could be considered to be solely in respect of services rendered after the grant date (i.e., only for future services), giving as potential examples, a signing bonus, and a bonus for a current employee agreeing to an overseas assignment. ...

The Directorate stated: [W]here an OEO Rebate is paid by an OEO Dealer to a unitholder in a trust, in the [above] circumstances … it is likely that the OEO Rebate would be considered to be in respect of the activities of the trust or in respect of an expense of the trust. In the result, subsection 12(2.1) would likely be considered to apply and the amount of the OEO Rebate included in the income of the trust pursuant to paragraph 12(1)(x). ...

Bocock J indicated that s. 95(2)(b)(i) “is unclear whether only the R&D services paid for by the taxpayer are to be considered or whether all services provided between the foreign affiliate and the taxpayer should be considered.” ...

CRA indicated that: a direction of title change is considered to be a supply of real property or an interest in real property and that, generally, there are no exemptions that apply for newly constructed real property; the assignment by the purchaser of the agreement is normally considered to be a sale of that first purchaser's interest in the new unit which, pursuant to s. 192.1, would be deemed to be a taxable supply; and pursuant to s. 155, there would be deemed FMV consideration for such taxable supplies if the recipient in each case was not a registrant who acquired the property for consumption, use or supply exclusively in the course of commercial activities. ...

A security that is approved for listing or that has a conditional approval for listing is not at that time considered to be listed on a designated stock exchange. ... As for TFSAs, Prochuk "does not stand for the proposition that the trading of securities in a registered plan will not in any circumstance be considered to be carrying on a business by the plan.” ...

In her dissenting reasons, Côté J pointed out that the approach of the CITT – that resort can only be made to Rule 2(b) if the goods in question (here, goalie gloves) could first be considered to be described in more than one heading – did not work because (for reasons relating the World Harmonized System Explanatory Notes) they fell within neither mooted heading (gloves, mittens or mitts – or other articles of plastics) – whereas this problem did not arise if the two Rules were applied in a somewhat more integrated manner. ... Brown J essentially stated that it was reasonable for the CITT to consider that if the gloves were not covered by the specific paragraph dealing with clothing items, they should not be considered to be intended to be included in that heading. ...

As elements of the first two points often are present where brokers are retained to find purchasers for a wholly-owned business, this decision increases risks that commissions paid on the sale of such business may not be considered to be GST/HST exempt. ... Market research and promoting the company to potential purchasers was mostly what the brokers did, so that Pizzitelli J considered that the commissions also would have been taxable on this alternative ground. ...

The only issue before Graham J was whether s. 54.2 deemed the Newco shares to be capital property, which required that the drop-down transaction be considered to be the transfer of substantially all the assets of an active business. ... It is unclear why CRA considered that the gain on the taxpayer’s sale of the Newco shares was not a capital gain on general principles. ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2019-05-08 18 April 2019 External T.I. 2017-0716451E5 F- Deduction in computing income of a trust Income Tax Act- 101-110- Section 105- Subsection 105(1) a distribution by a discretionary trust of a taxable capital gain in excess of the trust’s income could be a s. 105(1) benefit Income Tax Act- 101-110- Section 104- Subsection 104(6)- Paragraph 104(6)(b) s. 104(6)(b) deduction cannot exceed net income 25 February 2019 External T.I. 2019-0793911E5 F- Triangular amalgamation and section 135.1 Income Tax Act- Section 87- Subsection 87(2)- Paragraph 87(2)(s)- Subparagraph 87(2)(s)(ii) s. 87(2)(s) inapplicable to triangular amalgamation Income Tax Act- Section 135.1- Subsection 135.1(2) potential s. 131.1(2) income inclusion on triangular amalgamation 2012-03-09 22 February 2012 External T.I. 2011-0424601E5 F- Scholarships and bursaries paid by a firm Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(n) potential qualification under s. 56(1)(n) if bursary paid by employer while student not a summer student or permanent employee Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) employer-reimbursed tuition not considered for its training benefit if incurred before employment commenced 23 February 2012 External T.I. 2011-0423461E5 F- Automobiles de collection Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(e) vintage automobiles of corporation/distinction between benefit qua employee or shareholder also applies in s. 6(1)(e) context 22 February 2012 External T.I. 2011-0421671E5 F- Loss of retirement income benefit- death Income Tax Act- 101-110- Section 110- Subsection 110(1)- Paragraph 110(1)(f)- Subparagraph 110(1)(f)(ii) deduction for WSIB compensation paid to estate of deceased injured worker Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(v) inclusion under s. 56(1)(v), offsetting deduction under s. 110(1)(f)(ii), for Ontario WSIB lump sum on death 2012-03-02 21 February 2012 External T.I. 2011-0417471E5 F- Changement d'usage- paragraphe 45(3) Income Tax Act- Section 45- Subsection 45(1)- Paragraph 45(1)(c) s. 45(1)(c) applies where 2nd unit in taxpayer-owned duplex changed from rental to personal use Income Tax Act- Section 248- Subsection 248(1)- Property immovable (including a duplex used 2 different ways) is considered a single property unless subdivided Income Tax Act- Section 45- Subsection 45(3) s. 45(3) election not available where 2nd unit in taxpayer-owned duplex changed from rental to personal use ...