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Graham J considered that estate planning for the five children was likely a main reason for the separate existence of the holdcos “in general.” ...

The CRA tags mention s. 55(4) as a provision that it considered relevant. ...

Where a health care spending account (HCSA) sets a ceiling on the amounts that can be claimed under the plan, the employees’ allocation of the ceiling amount to the various expense categories is not considered, so that if the portion of the benefits paid in the year for METC-eligible benefits was, say, 92%, it would not matter that the total ceiling amounts allocated to METC-eligible expenses was only 80%. ...

Whether the interest was taxable under the Taxation Act turned on when her damages were considered to have become “liquidated.” ...

CRA responded that “an ‘interest’ in the well or accumulation … requires that the payer must have a right to take production from the well or accumulation” – which sounds like a real property interest, although CRA evidently considered it to be otiose to comment directly on this point. ...

CRA considers that tax accrual working papers, “particularly the list of uncertain tax positions,” can be requested “where CRA officials determine there is a higher risk of non-compliance” – and the Communiqué states that “A taxpayer with large unexplained tax reserves may be considered to be at a higher risk of non-compliance.” ...

A building rented by a partner to a partnership for use in its business would normally be considered to be a former business property of the partner. ...

XI(6)(b) of the US Treaty does not taint any contemporaneous fixed interest Email this Content 2016-0664041R3 found that a term loan with fixed periodic interest plus contingent interest that was payable only when a commodity price was above a specified (and not yet achieved) level would not be considered to be paying participating interest if no contingent interest had yet become payable. ...

Where a s. 116 certificate is issued respecting a disposition of taxable Canadian property (that is not treaty-protected property) by a partnership with numerous non-resident partners, and all Canadian taxes owing on the resulting taxable capital gain have been paid, is no Part I tax considered to be payable by the non-residents for the purposes of s. 150(5)(b), such that the disposition will be an “excluded disposition”? ...

To the extent that only s. 15(1) is relevant in the analysis of the s. 246(1)(a) benefit being conferred, such a benefit generally would not be considered taxable income earned in Canada, as it would generally not be included under s. 2(3) (which references only employment in Canada, carrying on business in Canada and dispositions of taxable Canadian property) or Division D. ...