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Second, an amount equal to that same proportion multiplied by the fair market value of the shares of the subsidiary held by the parent will be considered CRP for the parent…. Thus, if 60% of the subsidiary's gross assets constitute CRP, 60% of the value of the subsidiary's shares will be considered to be derived from CRP for the parent. ... In these circumstances, only $40 of the parent's equity in respect of the subsidiary shares would be considered to be derived from CRP, which is less than 50% of the parent's gross assets ($40 / ($40 + $50)). ...

Anna Malazhavaya, "Stock Options and Foreign", Taxation of Executive Compensation and Retirement, Vol. 23, No. 1, July/August 2011, p. 143-- summary under Paragraph 7(1)(b) Summary Under Tax Topics- Income Tax Act- Section 7- Subsection 7(1)- Paragraph 7(1)(b) Where a foreign corporation repurchases its own shares and then transfers those same shares to an employee under a stock option plan, it would appear that such shares cannot be considered to be "issued" to the employee; but that they may be considered to be "sold. ...

However, even if the demerger were considered to be a dividend, the demerged affiliate might be considered to have disposed of shares of the new foreign affiliates at fmv pursuant to s. 52(2), potentially resulting in the creation of hybrid surplus or additional fapi. ...

[fn 23: There may not be any ultimate income inclusion under these rules if one of the exceptions in subsection 90(8) applies or if a full deduction can be claimed under subsection 90(9); however, where an upstream loan exists, the potential application of these relieving provisions will have to be considered.] ... Thus, the CRA seems to agree that a repayment of a loan made for a specific identifiable purpose followed shortly by another loan made for a different specific identifiable purpose should not be considered to be part of a series. ... In Income Tax Technical News (ITTN) no. 3, the CRA confirmed that, consistent with these cases, bona fide repayments of shareholder loans that are the result of the declaration of dividends, salaries, or bonuses should not be considered to be part of a series of loans or other transactions and repayments. ...

.-- summary under Subsection 6804(6) Summary Under Tax Topics- Income Tax Regulations- Regulation 6804- Subsection 6804(6) Resident contribution rule (p. 491) Under these rules, if a newcomer to Canada remains a member of his or her home-country pension plan for more than five years, the foreign pension plan may still be considered an RCA for Canadian tax purposes. The RCA rules, including the requirement to pay tax into an RTA, will apply with respect to the resident's contributions, unless the employer makes an election with respect to the foreign arrangement such that the contributions are considered "prescribed contributions". ... For example, foreign pension plans are likely to be considered EBPs for Canadian tax purposes, since a custodian is involved in delivering retirement benefits. ...

III, s. 9(1) (“10% Rule”) (pp. 15:4-6) The purpose of the 10 percent rule was also considered in R v Christophe, et al. ... [U]nder Canadian provincial partnership law it is generally considered that partnerships cannot contract independently of their partners, and that when an agent of the partnership (for example, a general partner of a limited partnership) enters into a contract on the partnership's behalf, all of the partners have incurred the obligations which flow from the contract. ... The Queen, 2001 DTC 443, at paragraph 22…] …...The issuance of debt should be viewed as part of the "business" or "activity" of the partnership that would, as a result of section 253.1, not be considered to be carried on by the investment corporation.... ...

", Canadian Tax Focus, Vol. 3, No. 2, May 2013, p. 11-- summary under Paragraph 56(1)(n) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(n) The CRA's view is that an award involving a research component should be classified as follows: 1) if the primary purpose of the award is to further the education and training of the recipient, the award will be considered a fellowship (scholarship) (paragraph 3.31); 2) if the primary purpose of the award is to enable the recipient to carry out research for its own sake, the award will be considered a research grant (paragraph 3.32); and 3) if the research is conducted in the context of a traditional employment relationship as determined by the usual factors, the award will be employment income (paragraph 3.29).... ...

Buttenham, "The New Foreign Tax Credit Generator Rules", International Tax Planning, Volume XVIII, No. 2, 2012, p. 1228, at 1231-- summary under Subsection 91(4.7) Summary Under Tax Topics- Income Tax Act- Section 91- Subsection 91(4.7) After referring to the expansion of the income test in s. 91(4.1)(a) by virtue of the deductible dividend test in s. 91(4.7), they stated: … On this basis, the income test could apply to investments that may not be considered hybrid instruments in the conventional sense. For example, dividends paid on certain Australian preferred shares are deductible by the payer, but are still considered dividends for some Australian tax purposes. ...

Treasury accepts Canadian exclusion of personal investment companies and trusts from FATCA regime The U S. is willing to accept Canada's recent guidance that only "listed financial institutions" would be considered investment entities subject to the Foreign Account Tax Compliance Act under an intergovernmental agreement…. ... Canada's guidance means that most personal investment companies and trusts won't be considered financial institutions required to report U.S. ...

Holdco, a "specified owner" in respect of the "taxpayer" Pubco, is considered under U.S. law to own less than all of the shares of U.S. ... Holdco, that it is considered to own for purposes of the Act…. ...