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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. ...

Joint Committee, "Summary of Feedback on Various Technical Issues", 14 April 2025 Joint Committee Submission-- summary under Paragraph (c) Summary Under Tax Topics- Income Tax Act- Section 18.2- Subsection 18.2(1)- Tax-Indifferent- Paragraph (c) REIT as tax-indifferent (pp. 4-5) The definition of “tax-indifferent” includes a trust resident in Canada if more than 50% of the fair market value of all interests as beneficiaries under the trust can be reasonably considered to be held directly or indirectly through one or more trusts or partnerships by any combination of tax exempts under s. 149 and non-resident persons. ...

Similarly, Canadian residents investing through an LLC are not considered domestic taxpayers from a Canadian outbound tax perspective. ... Rationale for different treatment of S Corps (than LLCs) (p. 10) [C]ontrarily to LLCs, S Corps are considered residents of the U.S. by the CRA for purposes of the Treaty and can benefit from the 5% withholding rate on dividends. ... Trusts that qualify as RRSP for the purposes of the ITA, which include deemed trusts in accordance to subsection 248(3) of the ITA, should not be considered as being transparent since they are exempt from tax under a system which we perceive to be integrated. ...

Furthermore, where an option is cancelled or replaced (including under s. 7(1.4) or 110(1.7)), the securities which were to be issued under such option should be considered to be options not described in Element D(ii). ...

Quaere whether CanCo will be entitled to a foreign accrual tax deduction under s. 91(4) for the s. 212(3.1) withholding tax which is factually applicable to the interest received by Treaty Co but which may be considered to be payable by Non-Treaty Co under s. 212(1)(b). ...