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Public Transaction Summary

Loral/ Telesat -- summary under Delaware etc. Mergers

The exchanges by the Loral shareholders for shares of Telesat Corporation or units of Telesat Partnership were considered to be non-recognition transactions under Code s. 351 or s. 721. ... Telesat Corporation believes that such interpretation is consistent with the rationale expressed by the CRA for its published administrative position in this regard, so that there would be no net income inclusion to the partnership, and it was considered appropriate that there also should be no net inclusion to Telesat Corporation. ...
Folio Summary

S2-F3-C2 - Benefits and Allowances Received from Employment -- summary under Subparagraph 6(1)(b)(v)

S2-F3-C2- Benefits and Allowances Received from Employment-- summary under Subparagraph 6(1)(b)(v) Summary Under Tax Topics- Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(b)- Subparagraph 6(1)(b)(v) Reasonable travel allowance 2.63...In general, expenses normally incurred while travelling from one place to another, including food, accommodation, and incidentals, are considered travel expenses. 2.64...[A]n allowance that approximates the reasonable out-of-pocket expenses the employee will incur while travelling for work is generally considered reasonable. ...
Folio Summary

S1-F2-C2 - Tuition Tax Credit -- summary under Paragraph 118.5(1)(d)

S1-F2-C2- Tuition Tax Credit-- summary under Paragraph 118.5(1)(d) Summary Under Tax Topics- Income Tax Act- Section 118.5- Subsection 118.5(1)- Paragraph 118.5(1)(d) Examinations taken in order to begin study in a profession or field, such as a medical college admission test, are not considered to be an occupational, trade, or professional examination for purposes of paragraph 118.5(1)(d). In contrast, fees paid by a foreign-trained lawyer or law graduate to the National Committee on Accreditation (NCA) to undertake a challenge examination that is required to obtain a Certificate of Qualification to access the bar admission process of a Canadian law society would be considered an occupational, trade, or professional examination for purposes of paragraph 118.5(1)(d). ...
Folio Summary

S3-F9-C1 - Lottery Winnings, Miscellaneous Receipts, and Income (and Losses) from Crime -- summary under Subparagraph 20(1)(p)(i)

S3-F9-C1- Lottery Winnings, Miscellaneous Receipts, and Income (and Losses) from Crime-- summary under Subparagraph 20(1)(p)(i) Summary Under Tax Topics- Income Tax Act- Section 20- Subsection 20(1)- Paragraph 20(1)(p)- Subparagraph 20(1)(p)(i) bad debt from fraudulent investment scheme 1.43 A taxpayer may claim a deduction for a bad debt pursuant to paragraph 20(1)(p) in the year the fraud is discovered to the extent that investment income purportedly earned from a scheme, that was not considered to have been received or withdrawn by the taxpayer, was previously included in the taxpayer's income. Generally, the year the fraud is discovered is considered to be the year during which the Crown lays charges against the perpetrator of the fraud. … ...
Folio Summary

S6-F2-C1 - Disposition of an Income Interest in a Trust -- summary under Subsection 106(2)

A taxpayer who executes a valid disclaimer (not in favour of any person) of an income interest in a trust will be considered not to have acquired that income interest. ... The taxpayer must include that amount in income pursuant to subsection 106(2). … 1.14 … Pursuant to paragraph 248(8)(c), a release or surrender by a beneficiary with respect to any property that was property of a deceased individual immediately before death, is not considered to be a disposition of the property by the beneficiary. ... Release or surrender for no consideration 1.15 A taxpayer who, for no consideration, validly releases or surrenders, in accordance with the terms of the trust and the relevant provincial law, an income interest in a trust in respect of future payments (amounts not due and payable at the time of the release or surrender) and does not in any manner direct who is entitled to receive the benefits, will not be considered to have received any proceeds of disposition for the purposes of subsection 106(2). ...
Folio Summary

S1-F5-C1 - Related Persons and Dealing at Arm's Length -- summary under Paragraph 251(1)(c)

In this context, different interests are considered to exist when each party has an independent interest from the other parties to a transaction, notwithstanding the fact that each party may have the same purpose, such as economic gain. ... Partners 1.43 …[W]hen a partner is not in a position to control a partnership and that partner has little or no say in directing the operations of the partnership, it is generally recognized that the partner is dealing at arm's length with the partnership. … 1.44 Partners are not necessarily considered not to deal at arm's length with each other in transactions outside of their partnership activity merely because they are members of the same partnership Shareholders acting in concert 1.53 …[I]f a sufficient number of minority shareholders act in concert in order to direct the affairs of a corporation, they may be considered not to be dealing at arm's length with the corporation. … In a widely-held corporation, the fact that a majority of shareholders vote collectively to take some business action may not, by itself, indicate that those shareholders are acting in concert…. 1.54 [In] situations where closely-held private corporations employ some of the same personnel, occupy the same premises, and to the public eye, appear to be one enterprise…the corporations may be considered not to be dealing with each other at arm's length. ...
Folio Summary

S4-F14-C1 - Artists and Writers -- summary under Commodities, and commodities futures and derivatives

Profit- Commodities, and commodities futures and derivatives Gift by its artistic creator can be of capital property if it was created without resale intention 1.82 When a visual artist creates a work of art with the intention of selling it but instead gifts it to another person, the gift is considered to be a disposition of a property from their inventory. An artist would generally be considered to have made a gift of capital property when the property gifted is property that would not normally be produced and sold in connection with their business. ...
Folio Summary

S1-F1-C1 - Medical Expense Tax Credit -- summary under Subsection 118.2(2.1)

S1-F1-C1- Medical Expense Tax Credit-- summary under Subsection 118.2(2.1) Summary Under Tax Topics- Income Tax Act- Section 118.2- Subsection 118.2(2.1) Procedures that would generally be considered to have a medical or reconstructive purpose include those that would ameliorate a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or a disfiguring disease. ... Common procedures the costs of which are generally not considered to be eligible medical expenses because of the application of subsection 118.2(2.1) include: augmentations (such as chin, cheek, lips); filler injections (for removal of wrinkles); liposuction; and teeth whitening. ...
Folio Summary

S5-F1-C1 - Determining an Individual’s Residence Status -- summary under Article 4

S5-F1-C1- Determining an Individual’s Residence Status-- summary under Article 4 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 4 1.41 [T]o be considered liable to tax for the purposes of the Residence article of Canada's tax treaties, an individual must be subject to the most comprehensive form of taxation as exists in the relevant country. ... The Queen v Crown Forest Industries Limited, [1995] 2 S.C.R. 802, 95 DTC 5389.... 1.42 An individual does not necessarily have to pay tax to another country in order to be considered liable to tax in that country under paragraph 1 of the Residence article of the tax treaty with Canada. ... In these cases, the CRA will generally accept that an individual is a resident of the other country.... 1.44 [H]olders of a United States Permanent Residence Card (otherwise referred to as a Green Card) are considered to be resident in the United States.... 1.47... ...
Folio Summary

S5-F2-C1 - Foreign Tax Credit -- summary under Subsection 20(12)

Meaning of "paid... for the year" 1.32 …The words, for the year relate to the year for which the taxpayer is liable to pay tax (that is, when it is exigible) to the foreign jurisdiction for the income which is considered to have been earned under the foreign jurisdiction’s tax law, even though the income may not be realized in Canada during the same tax year. Where a foreign country uses a tax year different than the tax year used in Canada, the foreign taxes actually paid must be prorated to match the Canadian tax year. 1.33...Any portion of a taxpayer’s foreign tax which is paid but which will be, or is, refunded to the taxpayer is not considered to be tax paid for the year. ...

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