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21 January 2013 Interpretation Case No. 146302-- summary under Subsection 273(1) Summary Under Tax Topics- Excise Tax Act- Section 273- Subsection 273(1) no staff- no operator In finding that a nominee corporation was not eligible to be the operator of a joint venture, CRA stated: Where the person has engaged no staff to perform any of the operator's duties it is doubtful whether they have managerial or operational control… In the scenario, the nominee corporation's functions are not significant enough to be considered as having the managerial or operational control of the joint venture. ...

1997 IFA Round Table, Q. 5, No. 9713180-- summary under Subparagraph 212(1)(b)(vii) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Subparagraph 212(1)(b)(vii) asset disposition triggering offer to repurchase RC's policy that asset dispositions may be permitted to be a triggering event requiring the borrower to repay includes involuntary dispositions such as involuntary loss or destruction of the property resulting in the receipt by the borrower of expropriation or insurance proceeds- provided that under the terms of the agreement, the receipt of the proceeds is considered a triggering event requiring an offer to redeem the debt and the failure to make such an offer as a listed event of default. ...

If the original gain on the sale of real property was categorized in a previous year as income from an active business, amounts included in income in subsequent years in respect of the realization of the mortgage reserve pursuant to subparagraph 12(1)(e)(ii), are considered to be income from an active business. ...

19 September 2015 STEP Roundtable, Q.7(b)-- summary under Paragraph 94(3)(a) Summary Under Tax Topics- Income Tax Act- Section 94- Subsection 94(3)- Paragraph 94(3)(a) retroactive application of s. 94(3)(a) to immigration trust to beginning of year An individual who becomes resident in Canada for the first time, and who has previously contributed property to a non-resident trust, will be considered a resident contributor, so that the trust would be deemed resident under s. 94(3). ...

.- Q23-- summary under Subsection 201(2) Summary Under Tax Topics- Income Tax Regulations- Regulation 201- Subsection 201(2) Regulation 201(2) is considered to apply in the situation where a law firm holds funds received from its client in trust pending application of those funds for disbursements or against fees for services rendered, on the basis that s. 75(2) of the Act deems the investment income to be income of the client rather than of the trust. ...

., the subsidiary will be considered a "non-resident person" for purposes of applying s. 212(13.2). ...

Accordingly, the look-back CDE would be considered to be incurred in 2003 for purposes of the $1 million in s. 66(12.602)(c). ...

Each case will be examined "to determine whether the duties vested in a particular nominee corporation or a trust referred to as a bare trust are sufficient to be considered managerial or operational control. ...

1994 Canadian Tax Foundation "Comments on Withholding Tax Rules on Imported Software" 9430560-- summary under Subparagraph 212(1)(d)(vi) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d)- Subparagraph 212(1)(d)(vi) "The right to make back-up copies as provided by the Copyright Act is not considered a right to produce or reproduce.... ...

Income Tax Technical News No. 33, 16 September 16 2005-- summary under Article 5 Summary Under Tax Topics- Treaties- Income Tax Conventions- Article 5 PE factors including legal control of site There are numerous factors to be considered in making a determination as to whether a permanent establishment exists, one of which is the legal right to exercise control over a place of business. ...