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

When a dividend is recharacterized as a capital gain and it is later determined that all or a portion of the recharacterized dividend is considered to be paid out of safe income, the recharacterized capital gain would revert to being a dividend. ...

Implicit series of transactions concept unlikely to be informed by broad Canadian domestic concept (p. 5) [T]he SCC [in Copthorne] confirmed its prior holding in Canada Trustco that it is sufficient for a later transaction to have been completed “because of” or “in relation to” an earlier transaction in order to be considered part of the same series, regardless of whether the later transaction was ever even contemplated at the time of the earlier transaction. … [I]n light of the MLI’s stated harmonization purpose, it would be unreasonable, in our view, to read into the meaning of an “arrangement or transaction” for the PPT the extended domestic meaning of a series of transactions that will likely be inconsistent with the meaning of that expression in other MLI participating jurisdictions. ...

However, the fact that the Act does not contain a deeming provision that is equivalent to section 12(2) of the QTA results in the non-resident corporation not being considered to have any “taxable income earned in a province” for the purposes of subsection 124(1) of the Act, and therefore the non-resident corporation will not be entitled to the 10 percent federal abatement. ...

The Queen, 2004 DTC 2540 (TCC)] There was no indication that the taxpayer had even considered the statutory basis asserted before the court at the time the return was actually filed. ...

" What it means is efforts that are reasonable in the circumstances all things considered. ...

If the arrangement is also considered an EBP, there would no s. 53(1)(j) ACB addition to the 7(2) Trust for the employment benefit to the employee, as s. 251(1)(b) does not apply to an EBP. ...

Sharing of LOB detriment with recipient-state residents (p.772) When a third-state resident that owns a certain percentage of common stock is considered the beneficial owner of the payment to be made by the source company, to what extent should treaty benefits to the recipient be denied? ...

For the shares to be considered to be held on income account, it would be necessary to find that the developer was trading or dealing in shares or that the acquisition of the Projectco shares was an adventure in the nature of trade…. ...

The corporate tax is eligible for credit, since it is considered to have been paid by the individual. ...