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After indicating that such conversion would not cause a share disposition if no shares were cancelled and the rights of the shareholders were not substantively altered, CRA went on to indicate that if there otherwise was a disposition, s. 51 would not apply, stating: … 2013-0473771E5 … confirmed that a person who has a membership interest in a non-share capital corporation would not be considered to hold a share in that corporation. ...

(a) of the definition of “designated investment service” in s. 115.2(1) relevantly excluded only investment management and advice, CRA indicated that mere administrative services performed by the Manager would not by themselves cause the limited partners to be considered to be carrying on business in Canada (and similarly regarding any administrative services of the GP.) ...

However, CRA noted: [A]s compensation payments are not considered salary, wages, or other remuneration, they are not subject to the withholding of income tax, Canada Pension Plan contributions, and Employment Insurance premiums, irrespective of the recipient. ...

7 May 2024 CALU Roundtable Q. 4, 2024-1007061C6- Shared Ownership & Charitable Gift-- summary under Total Charitable Gifts Summary Under Tax Topics- Income Tax Act- Section 118.1- Subsection 118.1(1)- Total Charitable Gifts CRA confirms its policy in IT-244R3 regarding gifts of a life insurance policy to a charity, but does not articulate any extension of this policy to split dollar arrangements After referring to the position in IT-244R3 that a gift by an individual of a life insurance policy to a registered charity is considered to be a gift for purposes of s. 118.1 provided that the policy has been absolutely assigned to the donee and the donee has become the registered beneficiary of the policy, CRA stated that “split-dollar” or other shared ownership arrangements are beyond the scope of the CRA's position in IT-244R3. 2003-0004315 indicated that there may be arrangements that could result in a charitable gift for purposes of s.118.1 within the spirit of the split-receipting rules but such a determination can only be made on a case-by-case basis. ...

CRA responded: [W]here an individual constructs, has constructed or replaces the individual’s housing unit on land that the individual owns, the CRA is of the view that, generally, the individual will be considered to own a housing unit for the purposes of the flipped property rule as soon as the housing unit is habitable. ...

24 January 2001 External T.I. 2000-0028895 F- Contingent de versement/perte-- summary under Disbursement Quota Summary Under Tax Topics- Income Tax Act- Section 149.1- Subsection 149.1(1)- Disbursement Quota investment of amount or depreciation in the investment is not the expending of an amount For the purposes of element A.1 of the definition of disbursement quota, when will an amount be considered expended where the foundation has received that amount and has invested it with an investment dealer, and the investment then fluctuates in value? ...

However, it should be noted that for the former common-law partner and the common-law partner to be considered a “spouse” or “former spouse” of the taxpayer, they must have been so, at a given time, after 1992, as required under the conditions of subsection 252(4). ...

CRA concluded: The day the TCEC of the associated corporation is considered to “arise” for the purposes of determining the conversion rate according to paragraph 261(5)(c) is the last day of the taxation year of the associated corporation for which it is computed because that is the day when the amount of the TCEC is determined pursuant to section 181.2 (hence when an amount relevant to computing the Taxpayer’s Canadian tax results is created). ...

…[T]he payment of the capital dividend account to certain shareholders would generally not be considered abusive for the purposes of subsection 245(2) if subsection 83(2.1) did not otherwise apply. ...

18 February 1994 External T.I. 9334285 F- Bare Trusts-- summary under Subsection 104(2) Summary Under Tax Topics- Income Tax Act- 101-110- Section 104- Subsection 104(2) Where a settlor transfers property to a trust having the characteristics according with RC's understanding of a bare trust (the settlor is the sole beneficiary of income and capital during her lifetime, she retains the ability to revoke or amend the trust at any time and has the unfettered ability to deal with the property as she sees fit during her lifetime) but the settlor also stipulates that income and/or capital interest of other beneficiaries, which are contingent during her lifetime, will vest upon her death, the trust will be considered to be a bare trust until her death. ...