Search - considered

Bundle Date Translated severed letter Summaries under Summary descriptor 2017-07-26 28 June 2017 External T.I. 2016-0653921E5 F- Beneficiary/person beneficially interested Income Tax Act- Section 70- Subsection 70(3) a testamentary trust could be a beneficiary or beneficially interested in an estate Income Tax Act- Section 248- Subsection 248(25) testamentary trust could be considered to have a right as beneficiary in estate 2014-12-10 10 October 2014 APFF Roundtable, 2014-0534821C6 F- Question 2- APFF Round Table Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(l) non-resident transferor must obtain SIN 10 October 2014 APFF Roundtable Q. 4, 2014-0534831C6 F- 2014 APFF Roundtable, Q. 4- Late-filed 86.1 election & 220(3.5) penalty Income Tax Act- Section 86.1- Subsection 86.1(2) general principles applied to relief of s. 86.1 late-election penalties 10 October 2014 APFF Roundtable Q. 4, 2014-0538231C6 F- 2014 APFF Roundtable, Q. 4- Beneficially interested Income Tax Act- Section 248- Subsection 248(25) legatee by particular title is included notwithstanding priority over heirs 10 October 2014 APFF Roundtable Q. 19, 2014-0538041C6 F- 2014 APFF Roundtable, Q. 19- Stock dividend Income Tax Act- Section 74.4- Subsection 74.4(2) non-application to stock dividend, cf. s. 86 reorg Income Tax Regulations- Regulation 6205- Subsection 6205(2) purpose test in Reg. 6205(2)(a) is not necessarily accomplished by all estate freezes/"arrangement" broad Income Tax Act- Section 15- Subsection 15(1.1) not engaged if stock dividend is proportional Income Tax Act- Section 55- Subsection 55(2.1)- Paragraph 55(2.1)(c) SI apportionment to stock dividend prefs 10 October 2014 APFF Roundtable Q. 21, 2014-0538091C6 F- 2014 APFF Roundtable, Q. 21- Impact of the Descarries Case Income Tax Act- Section 245- Subsection 245(4) Descarries failed to recognize scheme against indirect surplus stripping Income Tax Act- Section 248- Subsection 248(28) will not impose double taxation under s. 84(2) and (3) Income Tax Act- Section 84- Subsection 84(2) Descarries failed to recognize breadth of s. 84(2) ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2014-11-26 10 October 2014 APFF Roundtable Q. 20, 2014-0534671C6 F- D&D Livestock Income Tax Act- Section 245- Subsection 245(4) unjustified duplication of fiscal attributes is abusive Income Tax Act- Section 55- Subsection 55(2.1)- Paragraph 55(2.1)(b)- Subparagraph 55(2.1)(b)(i) CRA is concerned by planining that can result in an unjustified duplication of fiscal attributes including ACB 2014-11-19 30 June 2014 Internal T.I. 2013-0508411I7 F- Part IV Tax and the Dividend Refund Income Tax Act- Section 152- Subsection 152(4)- Paragraph 152(4)(a)- Subparagraph 152(4)(a)(i) failure to circularly calculate Part IV tax and dividend refund is neglect given published TIs Income Tax Act- Section 186- Subsection 186(1) when to stop circular calculation for cross dividends arising after tuck under 6 October 2014 External T.I. 2014-0543751E5 F- Rollover of a part of an interest in a partnership Income Tax Act- Section 85- Subsection 85(1.1) fractional partnership interest qualifies as eligible property Income Tax Act- Section 248- Subsection 248(1)- Property partnership interest is one property- but fraction thereof also is property if transferred 17 October 2014 Internal T.I. 2014-0535121I7 F- Hypothèque et créance irrécouvrable Income Tax Act- Section 50- Subsection 50(1) second mortgagee not entitled to deduction as it did not exercise its remedies 10 October 2014 APFF Roundtable, 2014-0538141C6 F- Interest deductibility Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(c)- Subparagraph 20(1)(c)(ii) interest on mortgage assumed on devise of land to beneficiary considered as amount payable for the property 10 October 2014 APFF Roundtable, 2014-0538021C6 F- Meaning of beneficiary Income Tax Act- Section 248- Subsection 248(25) Propep applied: beneficiary under s. 55(5)(e)(ii) included beneficially interested per s. 248(25)(a) Income Tax Act- Section 55- Subsection 55(5)- Paragraph 55(5)(e)- Subparagraph 55(5)(e)(ii) beneficiary under s. 55(5)(e)(ii) includes beneficially interested under s. 248(25)(a) ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2014-10-08 11 August 2014 Internal T.I. 2014-0528231I7 F- Dépenses en immobilisation en RS&DE Income Tax Regulations- Schedules- Schedule II- Class 29 R&D of manufacturing company constitutes manufacturing or processing for sale use if a salable product ultimately results 19 August 2014 External T.I. 2014-0529741E5 F- Frais afférents à un véhicule à moteur (chantiers) Income Tax Act- Section 8- Subsection 8(1)- Paragraph 8(1)(h.1) usual places of work of an employee (which can be multiple locations based on where the employee reports for work) is each a place of business of the employer 2014-09-24 22 August 2014 External T.I. 2014-0540751E5 F- Acquisition of control Income Tax Act- Section 251- Subsection 251(2)- Paragraph 251(2)(b)- Subparagraph 251(2)(b)(iii) cousins part of related control group while fathers alive Income Tax Act- Section 256- Subsection 256(7)- Paragraph 256(7)(a) addition of cousin to control group would taint it/cousins part of related control group while fathers alive 14 July 2014 Internal T.I. 2014-0537701I7 F- Voluntary disclosure- T1134 and FAPI Income Tax Act- Section 163- Subsection 163(2.4) penalties for failure to file T1134s Income Tax Act- Section 220- Subsection 220(3.1) requirements where undisclosed FAPI Income Tax Act- Section 152- Subsection 152(4)- Paragraph 152(4)(b)- Subparagraph 152(4)(b)(iii) Ho acknowledged Income Tax Act- Section 152- Subsection 152(4)- Paragraph 152(4)(a)- Subparagraph 152(4)(a)(i) no time limitation for s. 162(10) penalty Income Tax Act- Section 162- Subsection 162(10) s. 162(10) penalty for failure to file T1134s Income Tax Act- Section 162- Subsection 162(7) penalties under ss. 162(10), (10.1) or 163(2.4) for failure to file T1134s 18 August 2014 External T.I. 2014-0540361E5 F- CDA and the deeming rules of 40(3.6) or 112(3) Income Tax Act- Section 89- Subsection 89(1)- Capital Dividend Account no capital loss for CDA purposes where ss. 112(3) and 40(3.6) stop-loss rules apply Income Tax Act- Section 40- Subsection 40(1)- Paragraph 40(1)(b) ss. 112(3) and 40(3.6) stop-loss rules modify operation of s. 40(1)(b) 2014-09-03 7 August 2014 External T.I. 2014-0528841E5 F- Changement à une résidence principale Income Tax Act- Section 45- Subsection 45(1)- Paragraph 45(1)(c) addition of a door to an exterior wall could be considered a structural change triggering a change of use Income Tax Act- Section 15- Subsection 15(1) taxable benefit if renovations paid for by tenant-corporation increase the FMV of property to owner-shareholder Income Tax Regulations- Regulation 1102- Subsection 1102(5) Reg. 1102(5) not applicable where door added by tenant to basement rental property ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2014-04-02 14 February 2014 External T.I. 2013-0504601E5 F- Bénéfices de fabrication et de transformation Income Tax Act- Section 125.1- Subsection 125.1(3)- manufacturing or processing- (c) construction exclusion avoided if road asphalt is produced by related corp General Concepts- Separate Existence avoidance through M&P carried on through related corp 24 February 2014 External T.I. 2013-0505391E5 F- Clause de earnout renversé Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(g) no capital gains reserve on reverse earn-out for a share sale Income Tax Act- Section 40- Subsection 40(1)- Paragraph 40(1)(a)- Subparagraph 40(1)(a)(iii) a sale price that is subject to a reverse earnout is not considered to be payable after the year (no reserve) 11 February 2014 External T.I. 2014-0517611E5 F- Actions d'une société agricole familiale Income Tax Act- Section 70- Subsection 70(10)- Share of the Capital Stock of a Family Farm or Fishing Corporation- Paragraph (b) "principally" refers to the majority of years, so that active farming by deceased father could qualify shares, transferred years' thereafter, by passive child 7 March 2014 Internal T.I. 2013-0507171I7 F- Obligation de produire un T4A Income Tax Regulations- Regulation 200- Subsection 200(1) dual T4A issuance for fees to artist's corporation and dues to the artist's union 7 March 2014 Internal T.I. 2013-0506671I7 F- Subparagraph 104(27)(d)(ii) and paragraph 60(j) Income Tax Act- 101-110- Section 104- Subsection 104(27)- Paragraph 104(27)(d)- Subparagraph 104(27)(d)(ii) flow-through pension benefit must have been an s. 60(j) eligible amount had it had been received directly 2014-03-26 20 February 2014 External T.I. 2013-0480051E5 F- Eligible dividend and safe income Income Tax Act- Section 89- Subsection 89(1)- General Rate Income Pool full amount of designated dividend reduces payor's GRIP even though recipient's GRIP increased only by safe income portion Income Tax Act- Section 89- Subsection 89(14) eligible dividend designation treated as applying only to safe income portion of dividend ...

Deferred revenue obligations or liabilities under supplemental retirement plans will not be treated as liabilities, and net pension plan assets will not be considered as property; whereas net pension plan liabilities will be treated as liabilities. ...

Although this advocacy was subordinate to its poverty-reduction purpose, it nonetheless was considered by CRA to be devoting most of its activities to (non-partisan) political activities so that it was well outside the safe harbour in ITA s. 149.1(6.2) for ancillary political activities. ...

More generally, he considered that, as “the significant investments of the Appellant to de-risk the Duvernay shale constitute an investment in immovable property used in a business,” the rationale for the exclusion had been satisfied. ...

On the basis, there are good policy reasons why the FAD rules should not apply to the latter situation, it can be considered to not be an abusive avoidance of the FAD rules to structure around them by having no non-resident corporation control the CRIC (corporation resident in Canada) in question, e.g., having the general partner of the investing PE Fund be resident in Canada. ...

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. ...

S. 39(2) went on to deem the capital gains and losses thereunder to be from the disposition of foreign currency – which presumably was motivated by a concern that they otherwise would be considered to have the character of any property that was actually disposed of. ...