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A considered a "resident contributor" to that trust? CRA responded: A resident contributor, in respect of a particular trust at any time, is an "entity" (which term includes, inter alia, a natural person) that, at that time, is both resident in Canada and a "contributor" (as defined in this subsection) to the trust. ...

In addition, we cannot establish that the provisions of subsection 248(8), including that a transfer, distribution or acquisition of property has occurred under or as a consequence of the terms of the will or other testamentary instrument and therefore may be considered to be a transfer, distribution or acquisition of the property as a consequence of the death of the deceased person. ...

In particular, a block of shares cannot be considered as a single property for the purposes of subsections 248(20) and (21). ...

The CRA's administrative position is that the "all or substantially all" test is usually considered to be satisfied where a level of 90% or more is reached. ...

CRA responded: In most treaties where management fees or charges are not specifically dealt with, the business profits provisions are considered to include reasonable management fees. ...

Accordingly … only the taxable capital of the CCPC (Xco) should be considered for purposes of the proposed amendments to subsection 125(5.1) since the facts submitted indicate that the associated corporation (Yco) does not carry on business through a permanent establishment in Canada within the meaning of subsection 400(2) of the ITR. ...

Y can be considered a beneficiary under civil law. In our view, subparagraph 256(1.2)(f)(ii) is broad enough to apply to a person designated as a beneficiary even if the person's entitlement to the income and capital of the trust is triggered by the death of the individual’s father. … [I]t is clear from the wording of subparagraph 256(1.2)(f)(ii) that Parliament intended this provision to apply where a person is named as a beneficiary in the trust indenture, and the person's share of the trust's income or accumulated capital is conditional on the exercise or non-exercise of discretion in that regard. ...

After noting that “an assessment to take into account a foreign tax credit under subsection 126(2.21) … in respect of foreign taxes paid is permitted only where the assessment is made within 3 years after the normal reassessment period,” CRA stated: [A] blanket waiver request without sufficient details of a transaction would likely not be considered valid. ...

CRA stated: Where the trust indenture provides that a spouse may elect not to receive income from the trust in a particular year and the spouse makes this election before any income is earned and becomes payable, the making of the election will not be considered to be a contribution of property to the trust by the spouse since the income is not yet property of the spouse at the time the election is made. ...

The Agency's general position is that two separate disability insurance plans exist to the extent that: the plans are administered separately; the premium rate is determined separately for each plan; the amount of benefits, premium rates, conditions of membership and other conditions of each plan are not dependent on the existence of the other plan; there is no cross-subsidization between the two plans, i.e. the premiums or returns from one plan should not be used to fund the other plan; the administration of the plans must indicate that each plan can be considered separate from the other. ...