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There is no hard and fast rule as to when expenditures made on capital assets will, and when they will not, be considered to be capital expenditures within the meaning of paragraph 18(1)(b) of the Income Tax Act. ... Turning now to the several matters to be considered, in my view, it is the nature of the advantage to be gained which more than any other feature of the particular situation will point to the proper characterization of the expenditure as one of capital or of revenue expense. ...

In Hickman Motors, the Supreme Court of Canada considered the appropriate characterization of property acquired by a parent corporation as a result of the wind-up of a subsidiary pursuant to subsection 88(1). ...

25 September 2013 Internal T.I. 2013-0476311I7 F- 93(2), 93(2.01)- Share substituted CRA Tags 93(2.01) 248(5)(a) 93(2) Principales Questions: Whether, in two particular situations involving the disposition by a taxpayer of affiliate shares, particular shares might be considered as shares for which the affiliate shares were substituted for the purpose of the determination of element B of the formula in paragraph 93(2.01) Position Adoptée: No. ...

Considering the status of limited partner of the trust, whether the business loss allocated to the trust is considered a business loss? ...

At the option of QCM, QCM may elect on ten (10) days' prior written notice given by it to USS, that interest due on any one or more of these dates shall be added to the principal amount borrowed hereunder, in which event such interest shall not be due and payable on said date but rather shall be thereafter considered part of the unpaid principal amount borrowed hereunder. ...

As a result, the Shareholders of the Company are considered to have disposed of their Shares for proceeds comprising of the shares of Newco received by each of them. ...

The indicia considered by the courts include the following: 1. the intention of the parties; 2. the substance (or principal component) of the contract; 3. the actual and primary role of taxpayer; 4. the subject matter of the transaction (primary versus incidental); and 5. the ownership of the goods. ...

Reasons: (1) It is not CRA's practice. (2) Technically, the CRA cannot defer the processing of the validly made election under ss 184(3) in light of the contradictory actions of the corporation. (3)(a) Technically, the CRA cannot defer the processing of the notice of objection filed by the corporation's shareholder in light of the contradictory actions of the corporation's shareholder and the corporation as well as the fact that there is no direct link between the reassessment of the corporation's Part I tax and the reassessment of the corporation's shareholder's Part I tax. (3)(b) The waiver should be considered inadmissible in light of the contradictory actions of the corporation's shareholder who had to approve the filing by the corporation of its election under 184(3). ...

XXXXXXXXXX is considered to be carrying on business in the U.S. but for the purposes of the Canada-United States Income Tax Convention (the "Convention"), XXXXXXXXXX does not have a permanent establishment in the U.S. by virtue of paragraph 6 of Article V of the Convention and the business profits are therefore not subject to U.S. federal taxation. 5. ...

Dans son analyse, le juge Rothstein mentionne, entre autres, ce qui suit: The circumstances giving rise to the acquisition of an asset are to be considered in assessing whether a transaction is income or capital related... ...