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Two key indicators Canadian tax cases have generally considered two key indicators as the basis for a finding that an individual is or has been a de facto director of a corporation. ... MacDonald and McDonald (p. 1080) Two recent decisions of the Tax Court are helpful in clarifying the critical factors to be considered in de facto director cases. ...

Accordingly, and if circumstances permit, it might be prudent to try to "match up" or blend, prior to the safe-income determination time and through the payment of an interaffiliate dividend or other mechanism, the applicable excess hybrid underlying tax of one affiliate with a "low-taxed" hybrid surplus pool of another… Increasing TFSB through interaffiliate dividends (p. 297) Notwithstanding that the payment of a dividend from the exempt, hybrid, and/or taxable surplus of the affiliate reduces the surplus pool(s) from which the dividend is considered to be paid, depending on the facts this may not necessarily result in a corresponding reduction in the affiliate's TFSB. ... [fn 77: 2013-049914117…] Quaere whether there is a look-through rule for partnerships notwithstanding non-application of s. 93.1 (pp. 300-301) [A]lthough subsection 93.1(1) permits looking through a partnership for the purposes of determining whether a direct or indirect subsidiary of the partnership is considered to be a foreign affiliate of a Canadian corporation that is a partner of a partnership, this lookthrough mechanism applies only for the purposes of the provisions that are specifically identified in subsection 93.1(1.1), and paragraph 55(5)(d) is not one of those provisions…. ...

At the 2013 IFA seminar, the CRA was asked to comment on whether a reserve would be available under subsection 90(9) in respect of previously taxed FAPI if Canco were the specified debtor; the CRA said that it may be prepared to develop an administrative position that an election can be made to change the ordering so that the notional dividend is considered to be a distribution coming out of preacquisition surplus.] ...

Delivery to a carrier is considered to be delivery to the buyer in such a case, if the seller in fact gives possession of the goods to the buyer through the buyer's intermediary (the carrier). ...

For example, the British Columbia Supreme Court considered the Supreme Court of Canada's view in Shafron in a tax-related case, Fraser Valley Refrigeration. ...

. … [T]he memo then stated: However, if USCo does not have a PE under paragraph 3 of Article V, then all of the services rendered in Canada, including those rendered at the construction site, can be considered when making a determination under paragraph 9… I disagree with this interpretation. ...

The final version also included the stipulations that the transaction would not have been entered into by persons dealing at arm's length and the transaction "can reasonably be considered not to have been entered into primarily for bona fide purpose other than to obtain a tax benefit. ...

We understand that the incorporation of such a test into the TPRs was considered by Finance and rejected for a number of reasons. ...

FA Holdco borrows money from FA Finco in order to pay a dividend to Canco in excess of accumulated profits, with the dividend treated as a pre-acquisition surplus dividend for Canadian tax purposes… [T]he borrowed money would not likely be considered used for the purpose of earning income from the shares of FA Opco since the direct use of the borrowed money was to pay a dividend (i.e., not to earn income from the shares of FA Opco) and the "fill the hole" rule could not be relied upon to indirectly trace the borrowed money to the shares of FA Opco since the was not paid from accumulated profits…. ...

It should be noted that technically, even though the income generated from the sale of the gold recovered in the sampling operations is earned by ACO in the taxation year following that in which the expenses related to such operations were incurred, that income would nevertheless be contemplated by paragraph (k.2) and should be considered in determining the net amount of the expenses contemplated by paragraph (f) of the definition of CEE in subsection 66.1(6). ...