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[fn 23: There may not be any ultimate income inclusion under these rules if one of the exceptions in subsection 90(8) applies or if a full deduction can be claimed under subsection 90(9); however, where an upstream loan exists, the potential application of these relieving provisions will have to be considered.] ... Thus, the CRA seems to agree that a repayment of a loan made for a specific identifiable purpose followed shortly by another loan made for a different specific identifiable purpose should not be considered to be part of a series. ... In Income Tax Technical News (ITTN) no. 3, the CRA confirmed that, consistent with these cases, bona fide repayments of shareholder loans that are the result of the declaration of dividends, salaries, or bonuses should not be considered to be part of a series of loans or other transactions and repayments. ...

.-- summary under Subsection 6804(6) Summary Under Tax Topics- Income Tax Regulations- Regulation 6804- Subsection 6804(6) Resident contribution rule (p. 491) Under these rules, if a newcomer to Canada remains a member of his or her home-country pension plan for more than five years, the foreign pension plan may still be considered an RCA for Canadian tax purposes. The RCA rules, including the requirement to pay tax into an RTA, will apply with respect to the resident's contributions, unless the employer makes an election with respect to the foreign arrangement such that the contributions are considered "prescribed contributions". ... For example, foreign pension plans are likely to be considered EBPs for Canadian tax purposes, since a custodian is involved in delivering retirement benefits. ...

III, s. 9(1) (“10% Rule”) (pp. 15:4-6) The purpose of the 10 percent rule was also considered in R v Christophe, et al. ... [U]nder Canadian provincial partnership law it is generally considered that partnerships cannot contract independently of their partners, and that when an agent of the partnership (for example, a general partner of a limited partnership) enters into a contract on the partnership's behalf, all of the partners have incurred the obligations which flow from the contract. ... The Queen, 2001 DTC 443, at paragraph 22…] …...The issuance of debt should be viewed as part of the "business" or "activity" of the partnership that would, as a result of section 253.1, not be considered to be carried on by the investment corporation.... ...

", Canadian Tax Focus, Vol. 3, No. 2, May 2013, p. 11-- summary under Paragraph 56(1)(n) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(n) The CRA's view is that an award involving a research component should be classified as follows: 1) if the primary purpose of the award is to further the education and training of the recipient, the award will be considered a fellowship (scholarship) (paragraph 3.31); 2) if the primary purpose of the award is to enable the recipient to carry out research for its own sake, the award will be considered a research grant (paragraph 3.32); and 3) if the research is conducted in the context of a traditional employment relationship as determined by the usual factors, the award will be employment income (paragraph 3.29).... ...

Buttenham, "The New Foreign Tax Credit Generator Rules", International Tax Planning, Volume XVIII, No. 2, 2012, p. 1228, at 1231-- summary under Subsection 91(4.7) Summary Under Tax Topics- Income Tax Act- Section 91- Subsection 91(4.7) After referring to the expansion of the income test in s. 91(4.1)(a) by virtue of the deductible dividend test in s. 91(4.7), they stated: … On this basis, the income test could apply to investments that may not be considered hybrid instruments in the conventional sense. For example, dividends paid on certain Australian preferred shares are deductible by the payer, but are still considered dividends for some Australian tax purposes. ...

Treasury accepts Canadian exclusion of personal investment companies and trusts from FATCA regime The U S. is willing to accept Canada's recent guidance that only "listed financial institutions" would be considered investment entities subject to the Foreign Account Tax Compliance Act under an intergovernmental agreement…. ... Canada's guidance means that most personal investment companies and trusts won't be considered financial institutions required to report U.S. ...

Holdco, a "specified owner" in respect of the "taxpayer" Pubco, is considered under U.S. law to own less than all of the shares of U.S. ... Holdco, that it is considered to own for purposes of the Act…. ...

Philip Halvorson, Dalia Hamdy, "An Overview of the Foreign Affiliate Dumping Rules", (OBA article), 23 February 2016-- summary under Subsection 212.3(9) Summary Under Tax Topics- Income Tax Act- Section 212.3- Subsection 212.3(9) PUC reinstatment rule avoids a double PUC grind or recognizes deployment of proceeds in Canada (p.8) [A] investment by a foreign-controlled CRIC in a foreign affiliate, that does not satisfy the bona fide business exception, should be considered a "dead asset". ... Further, if the CRIC receives proceeds as a return from that property, and reinvests those proceeds within Canada, the amount should no longer be considered invested in a dead asset. ...

Knowhow may not be transferable separately from a business (p 1) A similar issue arises with respect to the transferability of knowhow….The general rule is that knowhow will be considered to have been disposed of only if the transferor can no longer avail itself of the knowledge in question—for example, when it sells the business to which the knowledge relates. ... Such a situation may account for the CRA's statement that "proceeds from the outright sale of knowledge are considered to be from the disposition of EC property" (Interpretation Bulletin 1T-386R, "Eligible Capital Amounts," paragraph 2(d); archived. ...

The originator and the limited partnership should be considered not to be dealing at arm's length since the originator is the sole shareholder of GP Co. If the originator has owned the leased equipment continuously for a period from at least 364 days before the end of the taxation year of the limited partnership in which the limited partnership acquires the leased equipment, the half-year rule should not apply, as long as the leased equipment is depreciable property to the originator before its transfer to the limited partnership. … [L]eased equipment that is acquired with the intention of immediately selling it to the limited partnership may not be considered to be depreciable property. ...