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Bundle Date Translated severed letter Summaries under Summary descriptor 2020-07-15 12 June 2020 External T.I. 2018-0788161E5 F- Adjusted stub period accrual amount Income Tax Act- Section 34.2- Subsection 34.2(1)- Adjusted Stub Period Accrual Income- Paragraph (a)- Element B ASPA not reduced by s. 111(1)(e) losses 2010-05-14 5 May 2010 External T.I. 2010-0359791E5 F- Significant increase- redemption of shares Income Tax Act- Section 55- Subsection 55(3)- Paragraph 55(3)(a)- Subparagraph 55(3)(a)(ii) s. 55(3)(a)(ii) or (v) likely applicable where related shareholder’s prefs are partially redeemed- even if matching partial redemption of arm’s length pref shareholder 1 hr later Income Tax Act- Section 86- Subsection 86(1) s. 86 reorg where exchange of common for prefs followed by subscription for (old) commons 3 May 2010 Internal T.I. 2010-0359631I7 F- Dépenses liées à une résidence non habitée Income Tax Act- Section 53- Subsection 53(1)- Paragraph 53(1)(h) ACB addition for property taxes inapplicable where a building on the property Income Tax Act- Section 54- Adjusted Cost Base property taxes not added to ACB of inherited property before its sale 4 May 2010 External T.I. 2009-0329391E5 F- Provision pour retour de marchandises Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(e) no reserve where book publisher’s customers could return unsold books, cf. where a "true" clause for the return of unsold goods Income Tax Act- Section 9- Timing no profit required to be recognized on delivery of goods where a "true" return of unsold goods clause 2010-05-07 3 May 2010 External T.I. 2010-0358881E5 F- CIRD- construction d'un logement Income Tax Act- Section 118.04- Subsection 118.04(1)- Eligible Dwelling- Paragraph (a) qualifying expenditure for property acquired before completion of home’s construction but applied to renovation work after individual moved in General Concepts- Ownership individual is considered to be owner of home that is being constructed as soon as it is habitable 3 May 2010 External T.I. 2010-0358471E5 F- Capital dividend account- beneficiary of a trust Income Tax Act- Section 89- Subsection 89(1)- Capital Dividend Account- Paragraph (g) capital dividend distributed by trust in its year and designated under s. 104(20) is added to corporate beneficiary’s CDA only at end of trust’s taxation year ...

XVI of US Convention applicable irrespective of whether a PE 2010-03-12 4 March 2010 External T.I. 2009-0343851E5 F- Remboursement des cotisations à un club Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) reimbursements of employee fitness facility fees are considered principally for employees’ benefit if membership merely improves their performance through increased health ...

CRA considered that it was abusive for the group to benefit from the full $102M addition to the CGESR CDA rather than an amount net of the $42M ACB to the policyholder (ESRL). ...

. … Considered as a whole, the history of this investigation directly harms the integrity of the justice system and irreparably compromised the community’s sense of fair play and decency. ...

Sommerfeldt J then considered the exception in ETA s. 191(5), which provides that an individual builder is not required to so self-assess where “after the construction … of the complex … is substantially completed, the complex is used primarily as a place of residence for the individual [or family].” ...

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. ...