Cases
Toronto-Dominion Bank v. Canada, 2011 DTC 5125 [at 6061], 2011 FCA 221, [2011] 6 CTC 19
Under the former s. 55(1) of the Act, the taxpayer might have been found to have artificially or unduly created a loss from the disposition of...
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| Tax Topics - Income Tax Act - Section 112 - Subsection 112(3) | 174 | |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(9) | 117 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | "series of transactions" must be pre-ordained absent s. 248(10) | 123 |
| Tax Topics - Statutory Interpretation - Ordinary Meaning | clear wording | 80 |
Holbrook v. Canada, 2007 DTC 5336, 2007 FCA 145
An interim child support order made requiring the payment to the taxpayer of $1,000 per month was followed by a separation agreement requiring the...
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| Tax Topics - Income Tax Act - Section 56.1 - Subsection 56.1(4) - Commencement Day | 100 |
General Motors of Canada Ltd. v. Canada, 2003 DTC 5254, 2003 FCA 126
Although the taxpayer had an obligation, which existed prior to June 18, 1987, to undertake the assembly of two models of cars for the 1988 model...
Bow River Pipe Lines Ltd. v. R., 97 DTC 5385, [1997] 3 C.T.C. 397 (FCA)
After indicating (at p. 5398) that "the Tax Court judge did not err in concluding that the words 'agreement in writing' did not require that the...
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| Tax Topics - General Concepts - Illegality | assignment of partnership interest invalid where assignee not admitted | 195 |
| Tax Topics - Income Tax Act - Section 96 | mere assignee of partnership interest was not a partner | 195 |
Montgomery v. MNR, 94 DTC 6367, [1994] 2 CTC 57 (FCTD), aff'd 95 DTC 5032 (FCA)
S.127(5) of S.C. 1993, c.24, which effectively provides that s. 220(3.1) "applies to the 1985 and subsequent taxation years" indicates that s....
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| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.1) | 115 |
Kostiuk v. The Queen, 93 DTC 5511, [1993] 1 CTC 31 (FCTD)
Strayer J. found that there had been a "transfer" within the broad meaning of s. 160(1) of a beneficial interest in the land to the taxpayer by...
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| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | 93 |
The Queen v. Trade Investments Shopping Centre Ltd., 93 DTC 5486, [1993] 2 CTC 333 (FCTD)
The transitional provision for the introduction of s. 13(21.1)(a) of the Act, which excluded from the application of that section dispositions...
See Also
Hunter v. The Queen, 2001 DTC 907 (TCC) (Informal Procedure)
S.252(4), which deemed common-law spouses to be spouses, stated that it applied after 1992. The taxpayer had separated from his common-law spouse...
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| Tax Topics - General Concepts - Evidence | 79 | |
| Tax Topics - Income Tax Act - Section 252 - Subsection 252(4) | 89 |
Ainsworth Lumber Co. Ltd. v. The Queen, 2001 DTC 496 (TCC)
A project to utilize a timber resource to produce oriented strand board in Grande Prairie was found to be "substantially advanced" before February...
Pogson v. Lowe, [1984] 1 WLR 182 (HL)
It was held that an arrangement had not been made in writing to dispose of land when the notes in writing did not evidence the essential terms of...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(3.5) - Paragraph 18(3.5)(d) | 45 |
Administrative Policy
29 September 2022 External T.I. 2022-0949081E5 - CMETC -Qualified Engineer or Geoscientist
In the context of the draft legislation regarding the enhanced credit respecting flow-through critical mineral mining expenditures, CRA quoted...
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| Tax Topics - Income Tax Act - Section 127 - Subsection 127(9) - Flow-Through Critical Mineral Mining Expenditure | CRA is reviewing whether it will permit critical mineral status to be certified after the related flow-through share agreement is made | 182 |
2021 Ruling 2021-0880641R3 F - Changes to existing monetization arrangements
A monetization arrangement that was grandfathered from application of the synthetic disposition rules for deferring gain on the shareholding of a...
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| Tax Topics - Income Tax Act - Section 80.6 - Subsection 80.6(1) | substituting the index used in a monetization arrangement did not de-grandfather it from the synthetic disposition rules | 153 |
7 October 2021 APFF Roundtable Q. 6, 2021-0900961C6 - APFF Q.6 - Minimum Tax Carryover and TOSI
After acknowledging that an error in a CRA form had since 2013 led to taxpayers calculating erroneously large AMT carryforward balances, CRA...
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| Tax Topics - Income Tax Act - Section 120.2 - Subsection 120.2(3) - Paragraph 120.2(3)(b) | CRA will not retroactively adjust returns that relied on a form error permitting TOSI to increase additional tax carryforwards | 433 |
30 January 2015 External T.I. 2014-0521751E5 - overseas employment tax credit
A resident individual contracted a "specified employer" prior to March 29, 2012 and, on January 1, 2013, one day after the contract expired,...
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| Tax Topics - Income Tax Act - Section 122.3 - Subsection 122.3(1.01) | "extension" of contract one day after it expired could result in a new contract | 136 |
Income Tax Technical News, No. 34, 27 April 2006 under "Delaware Revised Uniform Partnership Act"
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| Tax Topics - Income Tax Act - Section 96 | Delaware LPs with separate personality are not corps | 21 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 160 | |
| Tax Topics - Income Tax Act - Section 132 - Subsection 132(6) | majority of subsidiary board not to be MFT trustees/guarantees re non-wholly owned subs scrutinized | 105 |
| Tax Topics - Income Tax Act - Section 55 - Subsection 55(2) | 7 | |
| Tax Topics - Treaties - Income Tax Conventions - Article 5 | 17 | |
| Tax Topics - Income Tax Act - Section 132 - Subsection 132(6) - Paragraph 132(6)(b) - Subparagraph 132(6)(b)(i) | guarantee must be highly integrated with trust’s core investment undertaking/limited overlap with subsidiaries' boards | 434 |
7 January 2004 External T.I. 2003-0032501E5 F - Transitional Rules/Allègement transitoire
An estate held 200 shares of a corporation (HoldcoB), of which 100 Class B shares had grandfathered status so as not to be subject to new rules...
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| Tax Topics - Income Tax Act - Section 112 - Subsection 112(3) | CCRA adopts the order of disposition of shares chosen by the taxpayer in applying the grandfathering rules under ss. 112(3) and (3.2) | 223 |
21 June 2001 External T.I. 2001-0086285 F - Disposition transitoire à 112(3)
CCRA indicated regarding the 1995 transitional provisions for s. 112(3) and (3.2) imposing conditions that must be satisfied in respect of a share...
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| Tax Topics - Income Tax Act - Section 112 - Subsection 112(3) | condition in 1995 transitional provision for the financing of the redemption of a preferred share includes part of a share | 242 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share | condition re financing the redemption of a preferred share included part of a preferred share | 37 |
10 May 1994 External T.I. 9408765 - GRANDFATHERING NEGATIVE ACB
An amendment to an offering memorandum circulated prior to 22 February 1994 permitting an offering for an amount greater than the original maximum...
10 May 1994 External T.I. 9411385 - GRANDFATHERING NEGATIVE ACB
Opinion provided that partnership units would be eligible for "grandfathering" respecting the 22 February 1994 Budget proposals concerning...
24 June 1993 T.I. (Tax Window, No. 32, p. 22, ¶2626)
Where a deferred salary leave plan is amended to extend the deferral, or to provide for two leaves of absence, this would be considered to result...
28 August 1992 T.I. (Tax Window, No. 23, p. 17, ¶2150)
Where a taxpayer sells property and subsequently reacquires it as a result of a foreclosure, the taxpayer will be considered to have acquired the...