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Summary of 17 May 2023 IFA Roundtable, Q.6 under Treaties – Income Tax Conventions – Art. 4. ...

Treaties- Income Tax Conventions- Article 15 exemption in Art. 15 of US Treaty unavailable where Canadian employee seconded to US affiliate, which reimburses for his payroll 24 March 2003 Internal T.I. 2002-0177587 F- XXXXXXXXXX EN CONSIGNATION PERTE Also released under document number 2002-01775870. ...

Income Tax Act- Section 39- Subsection 39(1)- Paragraph 39(1)(c)- Subparagraph 39(1)(c)(iii) usual s. 50(1)(b)(i) and SBC qualification rules applied to shares of a cooperative corporation that became bankrupt 11 December 2002 Internal T.I. 2002-0173007 F- Observation aux commentaires (OCDE) Treaties- Income Tax Conventions- Article 12 Canada’s withdrawal of its observation on Art. 12 on March 28, 2002 was prospective, and did not affect its right to impose withholding tax on payments for use of a secret process prior to that date 2002-12-06 16 December 2002 External T.I. 2002-0138195 F- ALLOCATION POUR FRAIS DE DEPLACEMENT Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(b)- Subparagraph 6(1)(b)(vii.1) travel allowance for travel 40% of the employment days between home and a more remote employer situs was for personal travel Income Tax Act- Section 81- Subsection 81(3.1) amalgamation of 2 part-time employers ended the s. 81(3.1) exclusion so that travel allowance was for personal travel 17 December 2002 External T.I. 2002-0158165 F- REPAS DE FETE OFFERTS PAR L'EMPLOYEUR Income Tax Act- Section 67.1- Subsection 67.1(2)- Paragraph 67.1(2)(f) monthly restaurant event for only those employees whose birthday month it was would not qualify/ restaurant implicitly the employer’s place of business 20 December 2002 External T.I. 2002-0159365 F- REMUNERATION NON MONETAIRE Income Tax Act- Section 153- Subsection 153(1)- Paragraph 153(1)(a) no source deduction or remittance obligations where all remuneration is non-monetary ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2023-12-20 6 November 2019 Internal T.I. 2019-0798021I7 F- Assessment under 159(3) Income Tax Act- Section 159- Subsection 159(3) trustees were liable under s. 159(3) notwithstanding having obtained a post-distribution s. 159(2) certificate 2023-11-29 2023 Ruling 2022-0923451R3 F- 55(3)(a) internal reorganization Income Tax Act- Section 55- Subsection 55(3)- Paragraph 55(3)(a) indirect spin-off of subsidiary groups to 2 transferee corporations held by holding companies for 2 brothers while such transferee corporations are controlled by father with special voting shares Income Tax Act- Section 55- Subsection 55(2.1)- Paragraph 55(2.1)(c) proration of DSI on s. 55(3)(a) spin-offs based on the net cost amount of the property spun off 2002-06-21 9 July 2002 External T.I. 2002-0147985 F- ACTIONS PRIVILEGIEES CONVERTIBLES Income Tax Act- Section 7- Subsection 7(1.5) no disposition for purposes of s. 7(1.5) when employee’s preferred shares converted to common shares Income Tax Act- Section 7- Subsection 7(1)- Paragraph 7(1)(a) s. 7(1)(a) benefit when employee’s convertible preferred shares converted to common shares 5 July 2002 External T.I. 2002-0121115 F- CREDIT-BAIL Income Tax Act- Section 13- Subsection 13(21)- Depreciable Property lessor rather than lessee under a financing lease was entitled to CCA 11 July 2002 External T.I. 2002-0126795 F- RESSOURCES INTERMEDIAIRES REVENU EX Income Tax Act- Section 81- Subsection 81(1)- Paragraph 81(1)(h) contributions paid to a Quebec intermediate resource have been treated as means-based assistance 11 July 2002 External T.I. 2002-0131085 F- ASSURANCE INVALIDITE Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(f) employer can pay an employee additional remuneration equal to the premiums payable by the employee under employee-pay-all plan 8 July 2002 External T.I. 2002-0131835 F- Investissements détenus à l'étranger Treaties- Income Tax Conventions- Article 22 Canada could tax income and gains of a Canadian resident from a French life insurance policy 8 July 2002 External T.I. 2002-0136615 F- Par. 250(5)- Déclaration de revenus Income Tax Act- Section 250- Subsection 250(5) individual deemed to be non-resident by s. 250(5) is not required to report world income ...

Summary of 13 October 2023 Internal T.I. 2019-0819351I7 under Treaties – Income Tax Conventions – Art. 9. ...

Summaries of 2023 Ruling 2022-0958521R3 under s. 87(8.2) and Treaties – Income Tax Conventions – Art. 13. ...

Summaries of Commissioners for His Majesty's Revenue and Customs v GE Financial Investments [2024] EWCA Civ 797 under Treaties – Income Tax Conventions – Art. 4, Art. 5. ...

Expense- Oversight or Investment Management investment performance bonus to be deductible would need to be incurred as part of the activity of managing the investments 2 May 2001 Internal T.I. 2001-007939 F- CONVENTION D'EMISSION D'ACTIONS Income Tax Act- Section 7- Subsection 7(2) whether s. 7(2) applied turned on whether shares were held as trustee 2001-09-14 31 August 2001 External T.I. 2000-0062435 F- CREDIT EQUIVALENT-PENSION ALIMENTAIRE Income Tax Act- Section 118- Subsection 118(5)- Paragraph 118(5)(a) s. 118(5)(a) precluded s. 118(1)(b) credit for joint-custody child where support paid 19 September 2001 External T.I. 2001-0070815 F- REVENU OF SOCIETES DE PERSONNES Income Tax Act- 101-110- Section 103- Subsection 103(1) valid non-tax reason for allocating gains on shares differently than dividends would need to be established 17 September 2001 External T.I. 2001-0098635 F- Spin-off- T5 Income Tax Act- Section 86.1- Subsection 86.1(2) general overview re US spin-off Income Tax Act- Section 248- Subsection 248(1)- Amount amount of dividend-in-kind (e.g., a spin-off that does not qualify under s. 86.1) is the FMV of the distributed shares 18 September 2001 External T.I. 2001-0100485 F- PARTAGE D'ACTION DETENUE EN INDIVISION Income Tax Act- Section 248- Subsection 248(21) no need to issue fractional share certificates on partition of shares held in co-ownership for s. 248(21) to apply/ no disposition on subsequent global certificate issuance Income Tax Act- Section 248- Subsection 248(20) s. 248(20) produced the same results as s. 248(21) ...

Bundle Date Translated severed letter Summaries under Summary descriptor 2001-03-30 9 January 2001 Internal T.I. 2000-0058047 F- FRAIS JURIDIQUES Income Tax Act- Section 40- Subsection 40(2)- Paragraph 40(2)(g)- Subparagraph 40(2)(g)(ii) debt of corporation to a director arising from his discharge of joint and several liability for unpaid taxes was not a debt acquired for income-producing purpose Income Tax Act- Section 18- Subsection 18(1)- Paragraph 18(1)(a)- Legal and other Professional Fees director’s legal fees incurred re his liability for unpaid corporate GST were non-deductible 2 March 2001 External T.I. 2001-0069555 F- Dividendes- (U.S. spin-off) Income Tax Regulations- Regulation 201- Subsection 201(2) T5 reporting obligation of broker also applies to s. 86.1 spin-off Income Tax Act- Section 86.1- Subsection 86.1(2) detailed review of proposed s. 86.1 19 March 2001 External T.I. 2001-0063345 F- RS & DE- MANDATAIRE Income Tax Act- Section 37- Subsection 37(1)- Paragraph 37(1)(a)- Subparagraph 37(1)(a)(ii)- Clause 37(1)(a)(ii)(E) organization did not qualify under s. 37(1)(a)(ii)(E) because it made disbursements only as agent 23 February 2001 External T.I. 2001-0066265 F- Salaire différé français Income Tax Act- Section 3- Paragraph 3(a) receipt of “deferred salary,” pursuant to a right established by French legislation, as compensation for contribution to the family farm was not income Income Tax Act- Section 248- Subsection 248(1)- Disposition- Paragraph (b)- Subparagraph (b)(ii) receipt of “deferred salary,” pursuant to a right established by French legislation, was not a pension given no previous employer-employee relationship Income Tax Act- Section 248- Subsection 248(1)- Property “deferred salary” right of farmer descendant was a debt Treaties- Income Tax Conventions- Article 18 receipt of “deferred salary,” pursuant to a right established by French legislation, was not a pension given no previous employer-employee relationship 11 January 2001 Internal T.I. 2000-0037167 F- CLAUSE D'AJUSTEMENT DE PRIX Income Tax Act- Section 54- Adjusted Cost Base post-closing indemnity payments received by purchaser reduced the ACB of its purchased shares Income Tax Act- Section 40- Subsection 40(1)- Paragraph 40(1)(a)- Subparagraph 40(1)(a)(i) damages received by share purchaser reduced the ACB of its shares and were not a taxable capital gain 8 March 2001 External T.I. 2000-0048405 F- Usufruit sur immeuble en France Income Tax Act- Section 248- Subsection 248(3) s. 248(3) and 75(2) subject bare owner to tax on rental income under Quebec usufruct/ the converse if a French usufruct ...

Summaries of Royal Bank of Canada v Commissioners for His Majesty's Revenue and Customs [2025] UKSC 2 under Treaties – Income Tax Conventions – Art. 6, Art. 12, General Concepts – Separate Existence, and ETA s. 217 – imported taxable supply- (c). ...