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Although she received the amount as the heir of an estate that had ceased to exist rather than as a designated beneficiary, this was not considered to be a barrier to the suggested treatment. ...

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

In reversing the Upper Tribunal and reinstating the decision of the First-Tier Tribunal that, at the acquisition times, the CMC of the subsidiaries was exercised in the UK by the parent’s management and not in Jersey, David Richards LJ stated: 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". ...

(b) 27 May 2009 Internal T.I. 2009-0310751I7 F- Usufruit d'un immeuble avant 1991 Income Tax Act- Section 248- Subsection 248(3) re a usufruct created prior to 1991, the usufructuary was considered to continue as the beneficial owner Income Tax Act- Section 54- Principal Residence usufructuary under usufruct created prior to 1991 was beneficial owner on his death in 2007 for principal residence exemption purposes 22 May 2009 Internal T.I. 2009-0312791I7 F- Transfert de biens entre un rentier et son REÉR Income Tax Act- Section 146- Subsection 146(1)- Premium purchase of RRRSP property at cost is viewed as premium to the extent of excess over FMV Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(c) an RRSP trust’s annuitant does not deal at arm’s length under s. 251(1)(c) with the RRSP ...

In this regard, Smith J indicated that he considered B.V. to have become resident in Canada shortly before its acquisition of the partnership interest in 1998, so that s. 128.1(1) had no application. ...

13 May 2021- 11:19pm CRA finds that the new ETA s. 179(9) drop shipment rule does not affect whether a non-resident lessor is carrying on business in Canada Email this Content Example 1 in Policy Statement P-051R2 indicates that a non-resident lessor (with a leasing business outside Canada) is considered to be carrying on business in Canada by virtue of a sale-leaseback transaction under which it purchases a conveyance from a resident registrant, with delivery under the sale agreement and under the lease-back to the resident (who will use the conveyance partly in Canada) occurring in Canada, notwithstanding no other significant connecting factors to Canada. ...

. … Given this finding, it was unnecessary for him to address the gift certificate argument, but he nonetheless stated that he should not in any way be considered to be endorsing the Tax Court’s views that the Miles were not gift certificates. ...

In affirming the position of the French tax authorities that Value-Click Ireland had an agency PE in France, the Supreme Administrative Court stated that a French company could be considered to be habitually exercising the authority to conclude contracts in the name of an Irish company “if, on an habitual basis- even if it does not formally conclude contracts on behalf of the Irish company- it decides on transactions which the Irish company merely endorses and which, once endorsed, bind it.” ...

X should also be considered in relation to Mr. X's and Ms. X's contributions to the related business, in order to determine whether the amount of interest income is otherwise a reasonable amount to Ms. ...

After having indicated that the reasonableness of the letters turned on a test of whether there may be considered to be “a rational connection … between the information sought and the administration and enforcement of the ITA,” Fothergill J rejected a submission that the request letters sought foreign-based information and that they should have been issued under s. 231.6, stating: I am satisfied that Dr. ...