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Bundle Date Translated severed letter Summaries under Summary descriptor 2010-03-26 9 February 2010 Internal T.I. 2009-0333571I7 F- Paragraphe 7(1.5)- contrepartie reçue Income Tax Act- Section 7- Subsection 7(1.5) s. 7(1.5) rollover where employees exchanged specific s. 7(1.1) shares for shares of grandparent, even though they also received cash and PUC distribution Income Tax Act- Section 53- Subsection 53(1)- Paragraph 53(1)(j) ACB increased by s. 7(1) benefit that had not yet been triggered due to s. 7(1.5) rollover Income Tax Act- Section 116- Subsection 116(1) s. 116 certificate required even for shares disposed of under s. 7(1.5) rollover Income Tax Act- Section 7- Subsection 7(1.4) non-resident ex-employees will be required to recognize s. 7 benefit deferred by s. 7(1.5) when they dispose of the shares acquired in exchange 15 March 2010 Internal T.I. 2009-0352731I7 F- Remboursement de rémunération Income Tax Act- Section 8- Subsection 8(1)- Paragraph 8(1)(n) deduction for repayment of amounts received during deferred salary leave period following failure to return to work 2010-03-19 11 March 2010 External T.I. 2009-0345481E5 F- Allocations versées administrateurs bénévoles Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(b) allowances and travel reimbursements paid by NPO to volunteer directors were non-taxable Income Tax Act- Section 248- Subsection 248(1)- Office definition of a “volunteer” (who is excluded from the holder of an “office”) 1 March 2010 Internal T.I. 2009-0346951I7 F- Article XVI-Établissement stable-Province Income Tax Regulations- Regulation 400- Subsection 400(2) being on concert tour in Canada did not render the various arenas fixed places of business, given lack of “regularity and recurrence” Income Tax Regulations- Regulation 400- Subsection 400(2)- Paragraph 400(2)(e) using massive stage equipment for Canadian concerts did not result in deemed PEs given that at each venue under 30 days and in Canada under 90 days Treaties- Income Tax Conventions- Article 16 Art. XVI of US Convention applicable irrespective of whether a PE 2010-03-12 4 March 2010 External T.I. 2009-0343851E5 F- Remboursement des cotisations à un club Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(a) reimbursements of employee fitness facility fees are considered principally for employees’ benefit if membership merely improves their performance through increased health ...

He was fortified in his conclusions by passages in the 2008 OECD Commentaries notwithstanding that he was dealing with a 1976 Treaty, stating that the 2008 Commentary would “only be inadmissible if the new material made substantive changes which are inconsistent with the commentaries in existence at the time of the 1976 Convention.” ... Summaries of Irish Bank Resolution Corporation Ltd v Revenue and Customs [2020] EWCA Civ 1128 under Treaties – Income Tax Conventions- Art. 7 and General. ...

TPM-2, on secondary adjustments and repatriation, which is in its final stages of approval, and CRA is working on TPM-3, dealing with downward adjustments, in conjunction with updates to IC 71-17, Guidance on Competent Authority under Canada’s Tax Conventions. ... Summaries of 3 February 2021 Transfer Pricing Webinar of the Canadian Tax Foundation: Panel I: Transfer Pricing Audits and Competent Authority under s. 247(2)(d), s. 247(2)(a), s. 247(3), s. 247(10), Treaties – Income Tax Conventions – Art. 26, s. 271(1) and s. 2(1). ...

Regarding the requirement in s. 2(a) of the Interpretative Protocol to the Treaty that, before sending a request for exchange of information pursuant to Art. 25 of the Convention, the CRA must have pursued “all reasonable means available under its internal taxation procedure to obtain the information” she found (at para. 162) that she was “satisfied that the CRA pursued all reasonable domestic means available” in light of the various roadblocks faced by CRA (e.g., the individual applicants claimed to have no foreign assets and to have no relationship with the corporations named by the AMF). ... Canada (Attorney General), 2021 FC 295 under Treaties –Income Tax Conventions- Art. 27. ...

The permanent establishment wording in the French-Irish Convention had the standard OECD wording respecting PEs constituted by agents of a non-independent status. ... Summary of [ValueClick case] FR: CE, 11 Dec. 2020, Case No. 420174 (Conseil d'État) under Treaties – Income Tax Conventions – Art. 5. ...

Treaties- Income Tax Conventions- Article 10 Canadian mutual fund trust or pension fund trust deemed to be the beneficial owner of dividends by Art. 29(7)(a) of the Canada-France Convention 31 March 2003 External T.I. 2003-0006305 F- Safe Income Discretionary Dividend Commented on in 2010-0388821E5 F; also released under document number 2003-00063050. ...

Topic Descriptor 15 May 2024 IFA Roundtable Q. 1, 2024-1007651C6- Principal purpose test and the UK-Canada Tax Treaty Treaties- Income Tax Conventions- Article 10 marginally increasing a shareholding to access the Treaty-reduced rate likely would not engage the PPT Treaties- Multilateral Instrument- Article 7- Article 7(1) a non-resident’s increasing its voting shareholding in Canco to access the Treaty-reduced dividend withholding rate likely does not engage the PPT 15 May 2024 IFA Roundtable Q. 2, 2024-1007541C6- Foreign Entity Classification Income Tax Act- Section 248- Subsection 248(1)- Corporation treatment of Luxembourg SCS or SCSp as a partnership Income Tax Act- Section 96 Luxembourg SCS or SCSp may be a partnership 15 May 2024 IFA Roundtable Q. 3, 2024-1007631C6- Cash Pooling and Notifiable Transactions Income Tax Act- Section 237.4- Subsection 237.4(1)- Advisor whether a professional firm is an advisor turns inter alia on its degree of responsibility for the tax advice etc. Income Tax Act- Section 237.4- Subsection 237.4(4) full disclosure of one transaction (e.g., an interest payment) for the series of transactions is sufficient Income Tax Act- Section 237.4- Subsection 237.4(2) cash-pooling arrangement is substantially similar to the back-to-back designated transaction if the Canadian taxpayer as debtor does not withhold on the basis of the higher withholding rate for the ultimate lender 15 May 2024 IFA Roundtable Q. 4, 2024-1007571C6- Late-filed PLOI election Income Tax Act- Section 212.3- Subsection 212.3(12) revised procedures for the filing of late PLOI elections Income Tax Act- Section 15- Subsection 15(2.12) revised procedure for filing late PLOI election under s. 15(2.12) 15 May 2024 IFA Roundtable Q. 5, 2024-1007581C6- Late-filed PLOI election and reassessment of the affected taxation year(s) Income Tax Act- Section 212.3- Subsection 212.3(12) late filing of PLOI election is coupled with an extended reassessment period for the s. 17.1(1) deemed interest Income Tax Act- Section 152- Subsection 152(4)- Paragraph 152(4)(b)- Subparagraph 152(4)(b)(iii)- Clause 152(4)(b)(iii) a late-filing of a PLOI election does not cause the related deemed interest to be statute-barred 15 May 2024 IFA Roundtable Q. 6, 2024-1007591C6- PLOI Election Administrative Relief Income Tax Act- Section 15- Subsection 15(2.11)- Paragraph 15(2.11)(d) CRA effectively indicates that to disengage a single PLOI election, the loan agreement must be replaced Income Tax Act- Section 212.3- Subsection 212.3(11)- Paragraph 212.3(11)(c) irreversibility of choice to make a single election unless a separate loan agreement is entered into 15 May 2024 IFA Roundtable Q. 7, 2024-1007641C6- Principal Purpose Test in the Multilateral Instrument Treaties- Income Tax Conventions- Article 10 application of PPT where Treaty-resident pure holdco with ultimate Treaty-resident parent received Canco dividends Treaties- Multilateral Instrument- Article 7- Article 7(1) PPT application to a treaty-reduced dividends of Canco paid to a pure Holdco with an ultimate Treaty-resident parent ...

During their time of residence in Mauritius, the trusts were required under the plan to have their "place of effective management" (“POEM”) in Mauritius rather than the UK for purposes of the tie-breaker rule for residence of a trust under the Mauritius–United Kingdom Income Tax Convention. ... Summary of Haworth & Ors v Commissioners for His Majesty's Revenue and Customs [2025] EWCA Civ 822 under Treaties – Income Tax Conventions- Art. 4. ...

Summary of 13 October 2020 External T.I. 2020-0860081E5 under Treaties – Income Tax Conventions- Art. 18. ...