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Position Adoptée: For the purposes of the definition of "contributor" in subsection 251.1 (3), we are of the view that, depending on the context, a deceased person may be considered to have, at a given time, made a loan or a transfer of property, either directly or indirectly, in any manner whatever, to or for the benefit of a trust. ...

Generally, in a situation where a taxpayer dies intestate, subsection 248(8) provides that "a transfer, distribution or acquisition of property as a consequence of the law governing the intestacy of a taxpayer... shall be considered to be a transfer, distribution or acquisition of the property as a consequence of the death of the taxpayer. ...

5 October 2012 Roundtable, 2012-0451261C6 F- Foreign entity classification CRA Tags 248 104 Principales Questions: What are the essential characteristics to be considered in order to classify a foreign entity as a corporation, a trust or a partnership for the purposes of the Act? ...

A contribution is also considered to have been made by a person or partnership where the person or partnership makes (or becomes obligated to make) a particular transfer (other than an "arm's length transfer") as part of a series of transactions or events that includes another transfer or loan (other than an "arm's length transfer"), to the trust, by another person or partnership. ...

To make this determination, a number of indicators were considered. We checked the number of hits each Bulletin received over the past several years on the CRA website. ...

10 October 2014 APFF Roundtable Q. 7, 2014-0538281C6 F- 2014 APFF Roundtable, Q. 7- Insured annuity CRA Tags 12.2 148 Principales Questions: When a taxpayer subscribes to an annuity contract and a life-insurance policy with the same insurer, are both contracts considered to be a non-exempt life-insurance policy? ...

For instance, in Document 2012-043373, the Income Tax Rulings Directorate recently considered the application of subsection 92(5) where the shares of a foreign corporation were transferred pursuant to subsections 85(1) and (2) by a partnership, of which a corporation resident in Canada was a member, to a wholly-owned subsidiary corporation created by that partnership. ...

The three stage process for referrals to the TPRC is a mandatory referral policy when the file is under audit however the issue of whether paragraph 247(2)(b) breaches procedural fairness if added at pleadings, despite not being presented to the TPRC, was considered in two recent cases before the Tax Court of Canada: Cameco and GE Capital Funding. ...

., 97 DTC 5051 (FCA), in interpreting subsection 55(2) and paragraph 55(5)(f) of the Act, the Court found that: Subsection 55(2) of the Act applies if a dividend effects a significant reduction in a capital gain that could reasonably be considered to be attributable to anything other than safe income. ...

Not yet considered by the GAAR Committee. 2 and 3. GAAR Committee has determined that the use of the Canadian holding company serves no purpose other than to reduce Part XIII tax otherwise payable. ...