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Accordingly, while section 94.1 does not have to be considered in the context of discretionary trusts (because they will not issue fixed interests and therefore will not be exempt foreign trusts under paragraph (h) of the definition of “exempt foreign trust”), it does have to be considered in the context of investments in foreign commercial trusts. ...

(a) should be amended by adding a proviso that the corporation nonetheless will not be considered to be a public corporation under para. ... CRA recently declined to give a Technical Interpretation that if, shortly before the amalgamation of Targetco with Acquisitionco, Acquisitionco held all the Targetco shares and the Stock Exchange had been notified to delist the shares, the Targetco shares would not be considered to be listed for purposes of paragraph (a) of the definition of public corporation. ...

Even though Realestateco had a sizable capital gain in year 1, it is not considered for Opco’s SBD grind. … There are…two deemed association rules, neither of which should apply because Realestateco no longer exists: (1) subsection 125(5.2)…and (2) subsection 256(2.1)…. ... [In] this situation…GAAR must be considered. ...

FAPI under s. 95(2)(b) (p. 6) The fees for the services of Active Foreignco will be considered deductible in the FAPI calculation of either Mr. ... B from Active Foreignco will be considered split income of Mr. A or Ms. ...

Under the above wording, it could be considered that the maximum CCA should be treated under Reg. 5907(2.03) as having been claimed in the prior years, thereby increasing the earnings for 2021 and subsequent years. Arguments for no prior-year claims (p. 9) On the other hand, it could be argued that no CCA should be considered to be claimed for the pre-acquisition period, given that (i) prior to the acquisition, US LLC was not a foreign affiliate of Acquireco and, therefore, never claimed depreciation in computing income with respect to Acquireco, (ii) the defined term for each taxation year is an “earnings or loss year,” and no earnings or losses were computed respecting Acquireco for the pre-acquisition period, and (iii) the technical notes indicate that the purpose of Reg. 5907(2.03) was to prevent taxpayers from inflating surplus. ...

[fn 6: This characterization has recently been confirmed in … 2003-0006645 …] However, an Extendible Step-Up Note should not be considered a prescribed debt obligation for these purposes, as a holder of an Extendible Step-Up Note has no present right, at the time that the note is acquired, to any interest beyond the initial maturity date or extended maturity date, as the case may be…. ... Consequently, a Callable Step-Up Note (as well as a non-callable "Step-Up Note" or "Escalating Rate Note") should not be considered to be an investment contract and therefore subsection 12(4) should not apply to an individual holder…. ...

Ian Gamble, "Income from a Business or Property: General Principles and Current Issues", 2014 Conference Report, Canadian Tax Foundation, 5:1-32-- summary under Clause 95(2)(a)(ii)(B) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(2)- Paragraph 95(2)(a)- Subparagraph 95(2)(a)(ii)- Clause 95(2)(a)(ii)(B) CFA holding company can hold shares of CFA subs as an investment business (p. 5:19) [A] top-tier holding affiliate in a foreign country may have activities similar to that of a parent corporation of a Canadian corporate group: that is, it may hold shares in other foreign affiliates as part of its overall business of equity and debt financing, strategic oversight, capital management, and technical services provided to and in respect of the other group companies….the holding affiliate should be considered to have a business. Furthermore, if the revenues of that business are principally interest and dividends, the holding affiliate should also be considered to have an investment business as its source of income in the first instance. ...

Xiao, "The 88(1)(d) Bump – An Update", 2013 Conference Report (Canadian Tax Foundation), pp.13:1-60-- summary under Subparagraph 88(1)(c.3)(i) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1)- Paragraph 88(1)(c.3)- Subparagraph 88(1)(c.3)(i) 10% attributable property test applied only during the series of transactions (p. 13:12-13) [W]hen read in a textual, contextual and purposive manner, it would be reasonable to construe the "at any time" wording of the 10 percent test such that the test should not be affected by transactions or events that are not considered part of the series. This construction seems reasonable as a matter of statutory interpretation, and in that respect the absence of an overt series rule in subparagraph 88(l)(c.3)(i) should not be considered to imply otherwise. … [I]t is for the purpose of determining whether a person has acquired substituted property that subparagraph 88(l)(c.3)(i) extends the meaning of the concept of substituted property contained in subparagraph 88(l)(c)(vi). ...

Consequently, the partnership would not be considered an FA of CRIC 1 and FA 1’s interest in the partnership does not qualify as EP. ... Under partnership law in common-law provinces, all members of a partnership are considered to be carrying on any activity carried on by the partnership [fn 166: Robinson Trust … 98 DTC 6065… nos. 9722815… 2000-0059145,… 2001-0090655;… 2002-0149977,…and 2001-0070605,…See also 9636835…confirmed… 2012-0453991C6 (f)…after this principle was challenged in the case of Quebec civil-law partnerships in Laval (Ville de) c. ...

A common identifying feature (such as being non-residents, as in Silicon Graphics) is insufficient to establish such a connection. 2) The common connection might include but is not limited to a voting agreement, an agreement to act in concert, or a business or family relationship. 3) Beneficiaries may share a mutually beneficial objective, such as maximizing the value of their investments in the trust, without being considered a group. 4) Beneficiaries can participate in modern corporate or commercial steps, such as granting a proxy or participating in a reorganization of the trust (for example, a fund merger pursuant to section 132.2), without being considered a group. 5) Whether the beneficiaries know, can identify, or communicate with each other is relevant in determining whether they are a group. ...