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COMPENSATION 147.1(1) "compensation" of an individual from an employer for a calendar year means the aggregate of all amounts each of which is (a)     an amount in respect of (i)     the individual's employment with the employer, or (ii)     an office in respect of which the individual is remunerated by the employer that is required (or that would be required but for paragraph 81(1)(a) as it applies with respect to the Indian Act) by section 5 or 6 to be included in computing the individual's income for the year, except such portion of the amount as (iii)     may reasonably be considered to relate to a period throughout which the individual was not resident in Canada, and (iv)     is not attributable to the performance of the duties of the office or employment in Canada or is exempt from income tax in Canada by reason of a provision contained in a tax convention or agreement with another country that has the force of law in Canada, (b)     a prescribed amount, or (c)     an amount acceptable to the Minister in respect of remuneration received by the individual from any employer for a period in the year throughout which the individual was not resident in Canada, to the extent that the amount is not otherwise included in the aggregate; remuneration 5(1) Subject to this Part, a taxpayer's income for a taxation year from an office or employment is the salary, wages and other remuneration, including gratuities, received by him in the year. 6(3) Payments by employer to employee. ...

Common Shares held by a Dissenting Shareholder as described in paragraph 58: (a) subject to the application of subsection 55(2), the Dissenting Shareholder will be deemed by paragraph 84(3)(b) to have received a dividend equal to the amount by which any payment from X Co. to the Dissenting Shareholder in respect of the purchase of such person's shares exceeds the PUC of such shares immediately prior to their purchase; (b) subsections 212(2) and 215(1) will apply (subject to the provisions of any applicable income tax convention) to require X Co. to withhold and remit 25% of the amount of any such dividend deemed to have been paid to a Dissenting Shareholder who is a non-resident person; and (c) paragraph (j) of the definition of "proceeds of disposition" in section 54 will apply to exclude the amount of such deemed dividend from the proceeds of disposition of the X Co. ...

Tout RTD auquel GESCO aurait droit en raison des opérations projetées décrites aux présentes ou d'autres opérations, sera attribué à PORTCOA, PORTCOB et NOUCO dans les proportions de XXXXXXXXXX%, XXXXXXXXXX% et XXXXXXXXXX% respectivement, et ce aux termes des conventions d'achat d'actions intervenues entre GESCO d'une part et PORTCOA et NOUCO d'autre part, de même qu'en vertu des termes de la liquidation relative à GESCO. ...

La convention d’échange précisera que cet échange d’actions est effectué en vertu du paragraphe 51(1). 76. ...

Forco does not reside in Canada for purposes of the Act and resides in Country 5 for purposes of the application of the XXXXXXXXXX Income Tax Convention. ...

With regard to the purchase by DC of existing DC SV Shares from a dissenting holder as described in Paragraph 65 and subject to the application of subsection 55(2): (a) DC will be deemed by paragraph 84(3)(a) to have paid, and each dissenting shareholder will be deemed by paragraph 84(3)(b) to have received, a dividend, equal to the amount, if any, by which any payment from DC to a dissenting holder (exclusive of any interest awarded by a court) in respect of the purchase for cancellation of such dissenting holder’s DC SV Shares exceeds the amount of PUC attributable to such shares immediately before the purchase for cancellation; (b) the amount of any such dividend will be included in computing such dissenting holder’s income under subsection 82(1) and paragraph 12(1)(j); and (c) subsections 212(2) and 215(1) will apply (subject to the provisions of any applicable income tax convention) to require DC to withhold and remit XXXXXXXXXX% of the amount of each such dividend deemed to have been paid as described in (a) to a dissenting shareholder who is a non-resident of Canada. ...

Qui plus est, le Contribuable était assuré de toucher de l'Institution financière la valeur plancher déterminée dans la convention de SWAP. ...

With regard to the payment by DC in respect of DC Common Shares held by a Dissenting Shareholder as described in Paragraph 56: (a) subject to the application of subsection 55(2), the Dissenting Shareholder will be deemed by paragraph 84(3)(b) to have received a dividend equal to the amount by which any payment from DC to the Dissenting Shareholder in respect of the purchase of such Dissenting Shareholder's DC Common Shares exceeds the paid-up capital of such shares immediately prior to their purchase; (b) subsections 212(2) and 215(1) will apply (subject to the provisions of any applicable income tax convention) to require DC to withhold and remit 25% of the amount of any dividend deemed to have been paid as described in (a) to a Dissenting Shareholder who is a non-resident of Canada; and (c) paragraph (j) of the definition "proceeds of disposition" in section 54 will apply to exclude the amount of the deemed dividend described in (a) from the proceeds of disposition of the DC Common Shares recognized by the Dissenting Shareholder as a result of such purchase of the DC Common Shares by DC, provided that the shares were held as capital property by the Dissenting Shareholder. ...

Position du Ministère Le paragraphe 245(2) s'applique lorsqu'une convention est structurée de manière à contourner les restrictions prévues par le Règlement à l'égard de la DPA. k) Détournement du revenu vers les créanciers Discussion Tous les revenus tirés de l'exploitation du film représentent habituellement des revenus que la société a reçus en vertu des dispositions de l'entente conclue avec le distributeur. ...

Il n'existe aucune convention entre actionnaires régissant les droits des actionnaires de PORTCO. ...