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A trustee's power to make a gift to a charity does not necessarily mean that the charity has an interest as a beneficiary in the trust, because it is unclear whether the charity has the power to compel the administration of the trust, which is generally recognized as a necessary condition for a person to be considered a beneficiary. ...

Moreover, subsection 94.2(3) is flexibly worded, as it provides for a deduction from FAPI to be included in income under subsection 91(1) an amount equal to the FAPI amounts as “would reasonably be considered to have been... included under subsection 104(13)”, and, arguably, it would be reasonable to consider that some of the trust’s distributed income would have been so included had the trust filed a Canadian tax return, in which case it is also reasonable to consider that the trust would have claimed a deduction under subsection 104(6) for such income. ...

Peter Lee, Annika Wang, "The Tracking Interest Rules", International Tax (Wolters Kluwer CCH), No. 193, December 2018, p.5-- summary under Paragraph 95(11)(e) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(11)- Paragraph 95(11)(e) S. 95(11)(e) rule (p. 9) [I]f the taxpayer holds: (1) property that is a tracking interest in an affiliate; and (2) shares of a class of the affiliate’s capital stock that have a fair market value that may reasonably be considered to be determined by reference to the tracked property in respect of the tracking interest, then subsection 95(11) will deem the tracked property to be property of a separate corporation, much as under the old elective procedure. ...

First, the taxpayer must satisfy the beneficial ownership requirements in articles 10, 11 and 12 of the OECD Model (2017) following which the PPT test in article 29(9) is considered. ...

The second dividend of $250,000 is considered a taxable dividend sufficient to generate a dividend refund that fully recovers Holdco's $77,000 of non-eligible RDTOH. ...

The FAPI would be considered AII, and 302⁄ 3 percent of this amount would be added to NERDTOH (assuming that none of the restrictions apply). ...

Stan Shadrin, Manu Kakkar, David Carolin, "Application of Part IV Tax to Amalgamations of Companies Owned by Trusts with Corporate Beneficiaries", Tax for the Owner-Manager, Vol. 22, No. 1, January 2022, p. 1-- summary under Subsection 87(2.11) Summary Under Tax Topics- Income Tax Act- Section 87- Subsection 87(2.11) CRA position on year-end timing of s. 104(19) dividend (p. 1) Per 2012-0465131E5, 2016-0647621E5 and 2018-0757591I7, a dividend received and paid by a trust in a taxation year of the trust is considered to have been received by the beneficiary at the end of that year, so that the dividend payer and a corporate beneficiary need to be connected at that time in order for Part IV tax not to apply. ...

Trusts (p. 4) In contrast to the CBCA rules, where individual trustees of a trust are generally considered to be individuals with control, under the QLPA such trustees are not UBs based on control, as there is no such control rule. ...

., the reasonableness of a royalty may be considered in light of inter-affiliate charges for tangible goods. ...

S. 55(3.1)(b)(i)(C) may apply on the basis that the redemption of Dad’s preferred shares constitutes an acquisition of property by a person (DC) who ceased to be related to the vendor (Dad) as part of the series (DC will be wound-up as part of the series and, therefore, will cease to be related to Dad): it might be considered that this redemption entailed the acquisition of property by DC. ...