Search - convention

29 March 2006 Internal T.I. 2006-0171171I7 F- Convention de retraite-- summary under Section 67 Summary Under Tax Topics- Income Tax Act- Section 67 application of a version of the Gabco test Amounts paid to a trust governed by a retirement compensation arrangement (RCA) were non-deductible in computing the corporation's income on the basis that the amounts paid were not paid to earn income and were not reasonable in amount. ...

16 October 2003 External T.I. 2003-0038315 F- CONVENTION DE RETRAITE-- summary under Retirement Compensation Arrangement Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Retirement Compensation Arrangement loan back to employer may negate RCA status An RCA trust created for the benefit of a managing shareholder and to which the employer contributed $100,000 lends the amount of the contribution, net of refundable taxes (i.e., $50,000), to the corporation. ...

14 January 2004 External T.I. 2003-0046131E5 F- Convention de retraite- dépositaire-- summary under Subsection 207.6(2) Summary Under Tax Topics- Income Tax Act- Section 207.6- Subsection 207.6(2) employer is deemed custodian under s. 207.6(2) After indicating that a life insurance company can be a custodian of a "retirement compensation arrangement" (“RCA”), CRA went on to state: Subsection 207.6(2) sets out special provisions where an employer acquires an interest in a life insurance policy for the purpose of enabling the employer to fund benefits to be received by an employee upon or after retirement. ...

5 February 2001 External T.I. 2000-0032695 F- Convention fiscale Canada-France-- summary under Clause 212(1)(d)(iii)(C) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d)- Subparagraph 212(1)(d)(iii)- Clause 212(1)(d)(iii)(C) profits based consulting fee paid to French company came within s. 212(1)(d)(iii)(C) A CCPC (“Canco”) agreed to pay a French company (“Franceco”) for its consulting services, aimed at identifying and connecting with potential clients in France, a fixed basic fee, as well as an additional variable fee based on the results obtained. ...

30 November 2000 External T.I. 2000-0002855 F- Emigration disposition réelle convention-- summary under Subparagraph 128.1(4)(b)(iv) Summary Under Tax Topics- Income Tax Act- Section 128.1- Subsection 128.1(4)- Paragraph 128.1(4)(b)- Subparagraph 128.1(4)(b)(iv) application of s. 128.1(4)(b)(iv) exception to US stock market portfolio An individual ceased to be a resident of Canada and became a US resident and, while there, accumulated a US stock market portfolio. ...

30 November 2000 External T.I. 2000-0002855 F- Emigration disposition réelle convention-- summary under Subsection 220(4.5) Summary Under Tax Topics- Income Tax Act- Section 220- Subsection 220(4.5) return of s. 220(4.5) security only when s. 128.1(6) applied CCRA indicated that security posted pursuant to s. 220(4.5) relating to a deemed disposition under s. 128.1(4)(b) would not be returned where, at the time of the disposition of the property, the taxpayer was a U.S. resident under the Canada-US Treaty, and that the departure tax under 128.1(4)(b) as well as the related security would only be cancelled where s. 128.1(6) applied (re a returning former resident). ...

18 May 2011 Internal T.I. 2010-0380391I7 F- Convention entre des co-propriétaires-- summary under Nature of Income Summary Under Tax Topics- Income Tax Act- Section 9- Nature of Income agreement of co-owners to share revenues disproportionately would be recognized if such agreement is binding Two co-owners of a triplex (the “Taxpayers”) agree that the first Taxpayer can live in one of the units free of rent and that the other Taxpayer, whose daughter resides in a second unit, would be exclusively allocated for inclusion in that Taxpayer’s return all the revenues generated by that unit. ...

Convention-- summary under Paragraph (d) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Taxable Canadian Property- Paragraph (d) derived principally test done on look-through basis The question of whether a share or trust interest derives its value from Canadian real property for purposes of the Canada-U.S. ...

30 March 2017 External T.I. 2015-0609951E5 F- Article 18 of the Canada-Turkey Income Tax Convention-- summary under Paragraph 56(1)(d) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(d) capital components are not deduction of cost The definition of “annuity” in Art. 18 of the Canada-Turkey Treaty excludes “any annuity the cost of which was deductible for the purposes of taxation in the Contracting State in which it was acquired.” ...

26 May 2009 External T.I. 2009-0316841E5 F- Convention de retraite, crédit d'impôt étranger-- summary under Paragraph (b) Summary Under Tax Topics- Income Tax Act- Section 207.5- Subsection 207.5(1)- Refundable Tax- Paragraph (b) usual Pt. ...