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That CRA adopt the position that a non-resident vendor can pay the actual amount of tax owing (rather than 25% of the gain) in order to receive a s. 116 certificate (the vendor’s payment of the actual amount of Canadian tax owing should be considered to be acceptable security respecting the disposition). ...

. … [E]ven if a winding up … could be considered a "merger" or a "combination" under a broad operational definition of those terms, it could not be a merger or combination described in subparagraph 40(3.5)(c)(i) because it does not result in the formation of a corporation…. ... These provisions include … subsections 87(1) and (8.1) … as well as…subsection 87(8.2)…. … The exclusion of windups in the "amalgamation" and "foreign merger" definitions does not mean that every winding up would otherwise be considered a merger or combination…. ...

This means that in analyzing whether the bump is available, in addition to specified shareholders, other persons acquiring prohibited property and their share ownership of the target (if any) should be considered. ...

P has an office in State P and may therefore be considered to have a permanent establishment in State P. ...

[fn 49: Robert Couzin, "Debt Restructuring," Corporate Management Tax Conference 1986…] Similarly, as another commentator stated after reviewing U.K. and Canadian jurisprudence:… [T]he loan proceeds received by the debtor may be considered advance receipt of the cash subscription price. ...

Whether paragraph 212.3(14)(a) applies to deem Canco's Bad Assets to Total Assets ratio at the acquisition time to be greater than 75% (and, as a result, deems CRIC to have made an investment in Subject Corp. at the acquisition time for the purposes of the FAD rules) may rest on whether the repayment by Canco of its indebtedness to Subject Corp. is considered to occur as part of the series of or events that includes the acquisition and a disposition of property described in subparagraph 212.3(14)(a)(i). ...

(which recently resulted in proposed amendments to subsection 225(3.1)), in February 2006 the CRA internally considered whether the GAAR applied in situations where a registrant does not claim ITCs until after they have received a credit note from their supplier which reduces the consideration and adjusts the amount of GST that was originally charged, pursuant to section 232…. ...

However, the rules extend the concept to (Canadian) employers where transfers are made (by any person) to the trust with the purpose or effect that may be reasonably considered to be to provide benefits (where immediate or future, absolute or contingent, or conditional or discretionary) for services rendered as an employee to a Canadian employer. ...

…If the coordination centre is established with the purpose of supervising and coordinating functions of other departments of the company located within that specific jurisdiction, i.e. the activities carried out at the level of the exploration and production blocks, it has a core role within the company, going beyond what might be considered to be activities of a preparatory or auxiliary nature. ...

[W]e submit that paragraph 88(4)(b), when read in context, should reasonably be considered to have the effect of deeming the securities of Amalco to be the same as the securities of the predecessor corporation…. ...