Search - contravention

31 May 1996 External T.I. 9612815 F- TRANSACTION EN CONTRAVENTION AU DROIT CORP. ... Le Ministère exige, lorsqu'il envisage d'accorder une décision anticipée, que les transactions proposées ne soient pas en contravention à une disposition législative des lois sur les compagnies provinciales ou fédérales. De plus, le Ministère ne donne pas habituellement de commentaires généraux sous forme d'opinion lorsqu'une transaction est en contravention à l'article 123.43 de la Loi sur les compagnies du Québec parce que la transaction pourrait être selon le droit sur les compagnies, un acte ultra vires et frappée de nullité absolue. ...

You ask if the payment from such income of the following items would cause someone other than the spouse to be entitled to receive some of the income of the trust in contravention of subparagraph 73(1)(c)(i): (a)     trustee's fees; (b)     lawyer's and accountant's fees; or (c)     taxes payable by the trust as a result of a subsection 104(13.1) designation. 2.     Where an expenditure is not deductible in arriving at the income of the trust (e.g., a realtor's fees incurred on the acquisition of a building), you ask if the payment of that expenditure from the capital of the trust would cause someone other than the spouse to obtain the use of any income or capital of the trust in contravention of subparagraph 73(1)(c)(ii) of the Act. ...

It is not a tax on foreign source pension income and is, therefore, not levied in contravention of the Convention. ...

Our Comments It is our opinion that the reimbursement to the RRSP described above will not be considered a benefit taxable to the annuitant of the RRSP nor will it be considered an advantage extended to the annuitant of the RRSP in contravention of the rules for registration of an RRSP. ...

The remedies for contravention of by-laws passed under these two sections are similar. ... Remedies for contravention of section 83 by-laws are the levying of interest charges and the enforcement of payment of amounts owing. ...

Our Comments In our view, where an organization that has non-profit status reacquires memberships or, as in the case of a stock exchange seats at an amount greater than cost and the reacquisition is not financed out of capital gains of the organization it would be making income available to its members in contravention of paragraph 149(1)(1) of the Income Tax Act. ...

If the monies  are found to be other income includable under section 56 of the Act, 19(1)      will not be in contravention of Regulation 6801 of the Act.  ...

Position: Not if they are related to the "employer" corporation in contravention of paragraph 147(2)(k.2). ...

In our opinion, any arrangement which would allow an employee to receive any salary or wages from their employer for services performed during the period that the employee is on leave pursuant to an DSLP would be in contravention of subparagraph 6801(a)(iii) of the Regulations. ...

In our opinion, any arrangement which would allow an employee to receive any salary or wages from their employer for services performed during the period that the employee is on leave pursuant to an DSLP would be in contravention of subparagraph 6801(a)(iii) of the Regulations. ...