Search - considered

Results 631 - 640 of 689 for considered

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

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. ...

CIBC – Federal Court of Appeal finds that fees paid by CIBC to Aeroplan were for promotional services, but was not averse to viewing Aeroplan Miles as gift certificates

. … 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. ...

ValueClick - French Supreme Court finds that French staff who lined up the contracts (albeit “automatically” signed elsewhere) gave rise to dependent-agent PEs

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.” ...

CRA notes that unreasonable returns are bifurcated for TOSI purposes, and that loans to individuals do not generate split income

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. ...

Frank C. Smith Medicine Professional Corp – Federal Court finds that it was not unreasonable for CRA to request information under s. 231.1 (not 231.6) on a Buffalo USB key

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. ...

Chad – Tax Court of Canada finds that the Crown could not resile from an oral representation that it would not argue “tax shelter” at trial

Sommerfeldt J stated that he considered that this statement had been made to him in order to persuade him at the time to not to strike out the other Crown pleadings at issue. ...

CRA finds that an input to a financial institution that was on-supplied by it on a GST-taxable basis at a loss should also be treated as acquired as a financial services input

Furthermore, it did not consider the changed method to be acceptable even on a prospective basis, stating that it could be considered that the financial institution: recognized that a portion of the technology package provided to [subcontractors] was related to its own business when it agreed to share the costs with [the subcontractors] instead of fully billing [the subcontractors] for the cost of the technology inputs. ...

BMO Nesbitt Burns – Federal Court rejects a claim that providing a full spreadsheet would breach privilege or a requirement not to disclose uncertain tax positions

Second, although the spreadsheet had some aspects of a tax accrual working paper (“TAWP”) as considered in BP, there the “FCA’s caution was against imposing an obligation to self-audit”, whereas here “[u]nlike BP, the concerns arising from the tax year under audit have not been addressed … [and] the Minister has not sought access to the [spreadsheet] (whether or not it is a TAWP) without advancing a particular justification.” ...

CRA tries to make sense of the Bill C-208 provisions

Thus if the subsequent purchaser was a third party who dealt at arm’s length with the taxpayer or (to return to the example above) was the taxpayer himself, so that s. 84.1 could not have applied to such a purchaser, s. 84.1 will be considered not to have applied to the disposition by the taxpayer to the child or grandchild corporation. ...

Blackrock Holdco – UK Upper Tribunal completely denies interest deductions under the UK transfer pricing rules because the loan was made without group support covenants

., it lacked covenants of LLC5 and BGI to ensure the flow of dividends from LLC5 to service the loan), the Tribunal stated: Third-party covenants that were not given as part of or in support of the actual transaction cannot be considered to be part of the hypothetical transaction as this materially changes the surrounding circumstances and alters the economically relevant characteristics of the transactions in question. … [A]n independent lender would not have made a $4 billion loan to LLC5 without such covenants being in place and that important finding should itself have determined that there was no comparable arm’s length transaction. ...

You are here