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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. ...

. … Among the examples mentioned, we are of the view that tuition fees for the education of a minor beneficiary or fees paid at a summer camp attended by the minor beneficiary would relate to an expense incurred for the child, the payment of which, subject to the other conditions stated in Income Tax Technical News, No. 11, would be considered to be payment of income to the child. ...

Although units A and B are connected by an interior staircase, it appears that the layout of the two units has not been altered significantly enough to be considered a single unit. ...

CRA responded: [A] plan will be considered a superannuation or pension fund or plan where amounts have been promised or contributed to the fund or plan by or on behalf of an employer or a former employer for services rendered by the employee to provide the employee with an annuity or other periodic payment at the time of retirement. ...

[A] blanket waiver request without sufficient details of a transaction would likely not be considered valid. … … 2016-066042 … opined that if any of the circumstances to support the deduction under subsection 126(2.21) of the Act (e.g., disposition of the property and/or foreign taxes paid) are present within the statutory assessment period referred to in paragraph 152(4)(b) of the Act, it may be appropriate for the Minister to consider a taxpayer’s waiver request for the emigration year to allow the Minister sufficient time to review and process any potential reassessment for this deduction beyond the aforementioned reassessment period. ...

Given that Article 12(2) of the Treaty grants X a reduced 10% rate of withholding tax, such income would be considered to be “relieved from tax” in Canada under that Article for the purposes of Article 27(2). … Since … the Royalty payments will not be remitted to or received in the UK and accordingly are not taxable in the UK, X will not be entitled to the benefits of Article 12(2) …. ...