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Jenny Yu, "Departure Tax for Small Trusts", Canadian Tax Focus, Vol. 7, No. 1, February 2017, p. 8-- summary under Subsection 220(4.51) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(4.51) No relief from security requirement for small trusts/emigration under s. 94(5) (p. 8) When an individual ceases to be a resident of Canada and has a deemed disposition of certain property…[s]ecurity is automatically considered to be posted for essentially the first $16,500 ($50,000 × 33%) of federal tax (subsection 220(4.51)). ...

Jason Boland, Christopher Montes, "A Detailed Review of the Back-to-Back Loan Rules", 2016 Conference Report (Canadian Tax Foundation), 26:1-32-- summary under Subsection 15(2.18) Summary Under Tax Topics- Income Tax Act- Section 15- Subsection 15(2.18) FIFO treatment of repayments (p. 26:25) Finance has indicated that repayments are considered to occur on a first-in-first-out basis, in accordance with the CRA's general policy on shareholder loan repayments. ...

Although the strategy is technically defensible, GAAR needs to be considered…. ...

If a partnership controls Projectco, it will be considered by the CRA not to deal at arm’s length with Projectco because the partnership is treated as a person for domestic withholding tax purposes under subsection 212(13.1). ...

Hauser, "How Various Aggregation Rules Apply to Trusts", 2018 Conference Report (Canadian Tax Foundation), 28: 1-79-- summary under Paragraph 251(1)(b) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(1)- Paragraph 251(1)(b) CRA application of s. 251(1)(b) (p. 28:52) The CRA considered the application of paragraph 251(1)(b) to a situation in which a person was a beneficiary of two different personal trusts and factually dealt at arm's length with each trust [fn. 120: … 2003-0038605]. ...

Two-step approach to determining whether QROC election available (p. 603) Since the s. 90(2) election is available only to a resident corporation, the QROC election was also introduced to permit a non-corporate taxpayer, such as an individual or a partnership, to achieve a similar result respecting a distribution that is considered to be a reduction of PUC under the two-step characterization approach (see 2011-0427001C6) – although Canadian corporations can also make the QROC election. ...

(i) of the definition, there is no “forgiven amount” where the debtor is a “bankrupt” at the time of the forgiveness, CRA considers (see 2010-0387451C6 and IT-293R, para. 26) that where a bankrupt’s proposal is approved by the Court, the bankruptcy is annulled, so that the debtor is not considered a bankrupt at the time of any prior debt settlement. ...

.- For example, if a taxpayer borrows money at interest from a third party for the purpose of making an interest-bearing loan to a subsidiary, the taxpayer’s interest revenues would be expected to result in Canadian ordinary income, so that there would be considered to be an income inclusion in Canada. ...

Even an insignificant interest in a special class of shares causing a non-resident corporation to be a foreign affiliate, would require the fair market value of its property to be considered in applying the $5 million threshold. ...

Mark Brender, Marc Roy, "Canadian Tax Trap Arising from Cross-Border Gift Tax Planning", Tax Notes International, Vol. 111, 4 September 2023, p. 1217-- summary under Paragraph (b) Summary Under Tax Topics- Income Tax Act- Section 94- Subsection 94(1)- Contribution- Paragraph (b) Need in light of (b) of “contribution” that any subsequent gift of property, by a donee of a Canadian resident, to a non-resident trust, occurs independently (pp. 1218-1219) Given that the definition of “contribution” includes transfers and loans that form part of a series of transactions that includes a transfer or loan of property by another person to the relevant trust, to the extent the transfer or loan to the trust can reasonably be considered to be made “in respect of" the transfer or loan at issue, an outright gift by a Canadian resident to a nonresident donee should be appropriately documented and care should be taken that any subsequent dealing with the donated property by such donee, such as a transfer to a U.S. trust for the benefit of that individual, is independent from the original gift. ...