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CRA considered that “services rendered to Switzerland" referred to services rendered in the course of functions of a public character, and did not encompass the exercise by a person of duties as a nurse within the Swiss healthcare sector, “which is essentially dedicated to the provision of services for the benefit of the community as a whole” – so that pensions received by a retired Swiss public-sector nurse would not qualify for the exemption. ...

CRA considered this requirement to be inapplicable when a corporation, which had failed to self-assess itself, subsequently sent in a late return accompanied by a note to the effect that unclaimed GST/HST rebates existed – but without filing any rebate claim. ...

28 September 2017- 1:14am CRA extends the effective date for applying advantage tax, where RRSP or TFSA fees are paid by the annuitant or holder, to 2019 Email this Content In 29 November 2016 CTF Roundtable Q. 5, 2016-0670801C6, CRA indicated that it now considered the payment of fees for investment management of an RRSP, RRIF or TFSA by the plan annuitant or holder to be an “advantage” for Part XI.01 purposes (i.e., giving rise to a tax equal to 100% of the fee amount) but that to give the investment industry time to make the required system changes, it would defer applying this new position until January 1, 2018. ...

., Finance confirmed that “a right should not be considered a ‘specified right’ simply because the right secures debts that the shareholder of the corporation and the corporation itself owe to a financial institution.” ...

31 October 2017- 11:17pm Cook – Tax Court of Canada gives tax effect to a retroactive court order Email this Content Whether the taxpayer was able to take a deduction for a dependent child depended on whether in the year in question she was considered to have a support obligation to her ex-spouse. ...

CRA indicated that the non-resident would not be considered to be carrying on business in Canada for GST/HST purposes given that “the only relevant factor present in Canada … is the place of delivery, which is insufficient to conclude that the non-resident is carrying on business in Canada.” ...

8 November 2017- 11:51pm CRA finds that a partner in an upper-tier partnership is a member of the lower-tier partnership for branch tax purposes Email this Content CRA found that a non-resident corporate member of a holding partnership holding, in turn, an interest in an “opco” partnership carrying on a Canadian business would be considered for purposes of Reg. 808(4) to be a “member” of the opco partnership, so that its investment allowance for branch tax purposes would include its proportionate share (through the holding partnership) in the relevant Canadian assets of the opco partnership. ...

On the assignment, the purchaser would be considered to be transferring an interest in a residential complex. ...

16 November 2017- 8:04am CRA rules on subordinated notes with a mandatory conversion event Email this Content CRA provided rulings on interest being deductible and not being considered participating debt interest respecting subordinated notes with conventional terms other than that, on a redacted specified event (presumably respecting a shaky financial condition, as defined), the notes would be automatically converted into preferred shares based on a pre-determined conversion ratio. ...

Patten LJ defined the word “college” broadly as “a group of people organised as an institution usually (but not necessarily) in the field of education,” before going on to find that a corporation providing training in audio and digital media technologies and whose students in courses validated by Middlesex University were considered by MU to be members of MU nonetheless did not qualify as a college “of” MU, as required by the UK VAT legislation. ...