Subsection 15(1.1) - Conferring of benefit
Cases
Wong v. The Queen, 99 DTC 458 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Purpose/Intention | 198 |
Canada v. Wu, 98 DTC 6004 (FCA)
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| Tax Topics - General Concepts - Purpose/Intention | 73 |
Administrative Policy
2015 Ruling 2015-0604051R3 - Internal Reorganization
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) - Subparagraph 55(3)(a)(iii) | note resulting from share redemption required to be vapourized on amalgamation/GAAR assessment required to reduce outside Canadian basis that US parents “paid for” by paying 5% Canadian withholding tax/rep re pubco share value being unaffected | 815 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1.11) | s. 55(3)(a) rulings conditional on U.S. parents accepting GAAR assessments to reduce their outside basis | 224 |
| Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(2) | extensive reps required re series of transactions | 45 |
10 October 2014 APFF Roundtable Q. 19, 2014-0538041C6 F - 2014 APFF Roundtable, Q. 19 - Stock dividend
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) | SI apportionment to stock dividend prefs | 245 |
| Tax Topics - Income Tax Act - Section 74.4 - Subsection 74.4(2) | non-application to stock dividend, cf. s. 86 reorg | 243 |
| Tax Topics - Income Tax Regulations - Regulation 6205 - Subsection 6205(2) | purpose test in Reg. 6205(2)(a) is not necessarily accomplished by all estate freezes/"arrangement" broad | 403 |
26 November 2013 CTF Roundtable, 2013-0507981C6 - Stock dividend by a foreign corporation 15(1.1)
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9 May 1990 Meeting (October 1990 Access Letter, ¶1474)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 20 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | 91 |
Subsection 15(1.2)
Articles
Mark Coleman, Daniel A. Bellefontaine, "Forgiveness, Foreign Affiliates and FAPI: a Framework", Resource Sector Taxation (Federated Press), Vol. X, No. 1, 2015, p.694
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Subsection 15(1.4) - Interpretation — subsection (1)
Paragraph 15(1.4)(c)
Administrative Policy
6 December 2016 External T.I. 2016-0666841E5 F - Sale of property for POD less than FMV
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) | s. 246(1) applicable to indirect shareholder benefit if direct shareholder influenced the benefit conferral | 193 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | potential application to immediate shareholder re benefit on indirect shareholder | 199 |
24 June 2015 External T.I. 2015-0575911E5 F - Benefit to shareholder or conferred on a person
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) | benefit conferred on spouse of individual shareholder of parent | 137 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | benefit conferred on spouse of individual shareholder of parent | 235 |
3 March 2015 Internal T.I. 2014-0527841I7 F - Avantage imposable pour aéronef
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(c) | apportionment of aircraft use between business and personal | 66 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | benefits from personal use of corporate aircraft based on the cost of similar benefit from arm's length supplier | 168 |
| Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) | s. 15(1.4)(c) applied to extend scope of Massicotte indirect benefit doctrine | 781 |
Paragraph 15(1.4)(e)
Subsection 15(2) - Shareholder debt
Cases
St-Pierre v. Canada, 2018 FCA 144
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|---|---|---|
| Tax Topics - General Concepts - Effective Date | retroactive judgment of a Superior Court effectively treated as only having prospective effect for ITA purposes | 411 |
Canada v. Gillette Canada Inc., 2003 DTC 5078, 2003 FCA 22
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Payment & Receipt | replacement with different currency note | 58 |
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(13.1) - Paragraph 212(13.1)(b) | 113 |
Magicuts Inc. v. Canada, 2001 DTC 5665, 2001 FCA 332
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss | trade receivable contributed on capital account to sub | 66 |
Wallace v. Canada, 98 DTC 6326 (FCA)
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Dunlop v. The Queen, 95 DTC 5351 (FCTD)
The Queen v. Silden, 93 DTC 5362 (FCA)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Interpretation Bulletins, etc. | 78 |
Nellis v. The Queen, 86 DTC 6377, [1986] 2 CTC 216 (FCTD)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 76 | 45 |
See Also
St-Pierre v. The Queen, 2017 CCI 69, rev'd 2018 CAF 144
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Estoppel | limited estoppel remedies in Quebec/no abusive conduct by CRA | 439 |
| Tax Topics - General Concepts - Unjust Enrichment | taxpayer was unjustly enriched when he received capital dividends that subsequently were declared to not have been validly paid as dividends | 81 |
Erb v. The Queen, 2000 DTC 1401 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Specific v. General Provisions | 66 |
Lemoine v. The Queen, 96 DTC 1655 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Illegality | prohibited loan recognized | 29 |
Haynes v. The Queen, 94 DTC 1906 (TCC)
285614 Alberta Ltd. and Maplesden v. Burnet, Duckworth & Palmer, [1993] WWR 374, 8 BLR (2d) 280 (Alta. Q.B.)
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| Tax Topics - General Concepts - Negligence and Fiduciary Duty | failure to advise that opinion might be incorrect | 155 |
Laflamme v. MNR, 93 DTC 50 (TCC)
Tonolli Canada Ltd. v. MNR, 91 DTC 520 (TCC)
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Words and Phrases
debtWolinsky v. MNR, 90 DTC 1854 (TCC)
Miconi v. MNR, 85 DTC 696 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | 93 |
Administrative Policy
2 October 2014 External T.I. 2013-0506551E5 - Transitioning from 15(2) to a PLOI
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.11) | PLOI election unavailable for pre-2012 loan that is repaid and relent/ s. 15(2) applies only to 1st loan | 202 |
27 February 2014 External T.I. 2013-0506401E5 - Loan from a partnership to an individual
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|---|---|---|
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | bona fide loan not a transfer | 135 |
2010 Ruling 2010-0353141R3 - Related Foreign Entity Financing
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17 February 1997 T.I. 964065
25 November 1993 Memorandum 932357 (C.T.O. "Interest Cost on Bridge Financing upon Relocation")
5 January 1993 T.I. 923226 (November 1993 Access Letter, p. 491, ¶C9-290; (Tax Window, No. 28, p. 16, ¶2375)
92 C.R. - Q.43
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(j) | 34 |
19 November 1990 T.I. (Tax Window, Prelim. No. 2, p. 19, ¶1050)
October 1989 Revenue Canada Round Table - Q3 (Jan. 90 Access Letter, ¶1075)
84 C.R. - Q.16
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxpayer | 21 |
80 C.R. - Q.39
80 C.R. - Q.7
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 32 |
IT-119R4 "Debts of Shareholders and Certain Persons Connected with Shareholders"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) - Paragraph 15(2.4)(e) | 151 | |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) - Paragraph 15(2.4)(f) | 134 |
Articles
John Lorito, Trevor O'Brien, "International Finance – Cash Pooling Arrangements", 2014 Conference Report, (Canadian Tax Foundation), 20:1-33
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Randy S. Morphy, "The Modern Approach to Statutory Interpretation, Applied to the Section 15 Anomaly in Foreign Affiliate Financing", Canadian Tax Journal, (2013) 61:2, 367-85: summary under s. 15(2.3).
Chris Van Loan, "Canada Revenue Agency Rules Positively on Second Tier Financing Structure", Business Vehicles, Vol. XIII, No. 4, 2010, p. 713.
Singer, "Shareholder Loan Can Be Used to Acquire Recreational Home Outside of Canada", Taxation of Executive Compensation and Retirement, December 1990/January 1991, p. 381.
"Loan May Be Disqualified Where it is Made to Acquire Dwelling Already Occupied as Owner", Taxation of Executive Compensation and Retirement, March 1990, p. 249.
Subsection 15(2.1)
Administrative Policy
7 June 2011 Internal T.I. 2011-0397921I7 F - Financement inter-sociétés
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(6.1) | refund of withholding tax on repayment of loan | 187 |
| Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(3) - Paragraph 80.4(3)(b) | s. 80.4 would not apply to a s. 15(2) loan if it is not repaid | 167 |
Subsection 15(2.11) - Pertinent loan or indebtedness
Administrative Policy
7 November 2014 External T.I. 2014-0542061E5 - Section 15(2.12), follow up to 2014-051943
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(6) | inability to refund Part XIII tax which disappears on late PLOI election if non-timely application | 159 |
2 October 2014 External T.I. 2013-0506551E5 - Transitioning from 15(2) to a PLOI
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2) | s. 15(2) applies only to 1st loan | 0 |
8 September 2014 External T.I. 2013-0482991E5 - 15(2) and related provisions
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.6) | assignment of debt not its repayment | 135 |
| Tax Topics - Income Tax Act - Section 221.2 - Subsection 221.2(1) | no unpaid liability of non-resident to be reduced re appropriation of unrefunded s. 214(3)(a) tax | 219 |
6 August 2014 External T.I. 2014-0519431E5 - Section 15(2.12)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 17.1 - Subsection 17.1(1) | amended return not expected | 215 |
18 June 2014 Internal T.I. 2014-0534541I7 - PLOI Elections
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23 May 2013 IFA Round Table Q. 6(c)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(11) | 86 |
Finance
Articles
Bal Katlai, "Simple Planning Around Outbound Loans Using Tax Incentives", Canadian Tax Highlights, Vol. 27, No. 12, December 2019, p. 9
Joint Committee, "Foreign Affiliate Dumping, Derivative Forward Agreement and Transfer Pricing Amendments Announced in the 2019 Federal Budget", 24 May 2019 Submission of the Joint Committee
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Subsection 15(2.13)
Administrative Policy
26 May 2016 IFA Roundtable Q. 11, 2016-0642031C6 - PLOI late-filed penalties
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(13) | aggregating A/R debits for penalty purposes under review | 85 |
Subsection 15(2.16)
Finance
6 October 2017 APFF Financial Strategies and Instruments Roundtable, Q.13
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(5) - Specified Right | right to secure shareholder debt is not per se a specified right | 155 |
Paragraph 15(2.16)(c)
Administrative Policy
Subparagraph 15(2.16)(c)(i)
Clause 15(2.16)(c)(i)(B)
Administrative Policy
31 October 2017 External T.I. 2017-0690691E5 F - New section 15 back to back loan rules
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.16) - Paragraph 15(2.16)(c) - Subparagraph 15(2.16)(c)(ii) | term deposit to secure shareholder loan potentially a specifed right | 181 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(5) - Specified Right | pledged term deposit could be specified right | 109 |
Subparagraph 15(2.16)(c)(ii)
Administrative Policy
31 October 2017 External T.I. 2017-0690691E5 F - New section 15 back to back loan rules
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.16) - Paragraph 15(2.16)(c) - Subparagraph 15(2.16)(c)(i) - Clause 15(2.16)(c)(i)(B) | application to a term deposit pledged by a family corporation to secure a business loan taken out by a shareholder | 187 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(5) - Specified Right | pledged term deposit could be specified right | 109 |
14 September 2017 Roundtable, 2017-0703901C6 - CPA Alberta 2017 Q11: Shareholder loans
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(5) - Specified Right | excluded provision of corporate security to secure repayment of a shareholder loan | 159 |
Subsection 15(2.17)
Articles
Amanda S.A. Doucette, Britney Wangler, "Normal Borrowing by CCPC Owners Can Create an Income Inclusion", Canadian Tax Focus, Vol. 7, No. 1, February 2017, p. 1
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(5) - Specified Right | 166 |
Finance
Subsection 15(2.18)
Articles
Jason Boland, Christopher Montes, "A Detailed Review of the Back-to-Back Loan Rules", 2016 Conference Report (Canadian Tax Foundation), 26:1-32
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Subsection 15(2.2) - When s. 15(2) not to apply — non-resident persons
Administrative Policy
21 June 1995 T.I. 951091 (see also 21 May 1996 T.I. 952686)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 93 |
Subsection 15(2.3) - When s. 15(2) not to apply — ordinary lending business
Administrative Policy
2012 Ruling 2011-0417711R3 -
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 17 - Subsection 17(15) - Exempt loan or transfer | 104 |
9 May 2011 External T.I. 2010-0385211E5 F - Entreprise habituelle de prêt d'argent
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2007 Ruling 2007-0226281R3 - Withholding Exemption - Use of Finco
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8 February 2006 External T.I. 2004-0064811E5 - Subsection 15(2)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 95 - Subsection 95(6) - Paragraph 95(6)(b) | 187 |
2006 Ruling 2006-0211781R3 -
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Subparagraph 212(1)(b)(vii) | loan to Finco sub of GP with on-loan to LP | 87 |
2006 Ruling 2006-0191881R3 - Witholding Tax Exemption
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 132 - Subsection 132(6) | loan guarantees | 54 |
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Subparagraph 212(1)(b)(vii) | 139 |
1996 Tax Executive Institute Round Table, Q. X (Draft, No. 963906)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) | 63 |
Articles
John Lorito, Trevor O'Brien, "International Finance – Cash Pooling Arrangements", 2014 Conference Report, (Canadian Tax Foundation), 20:1-33
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Randy S. Morphy, "The Modern Approach to Statutory Interpretation, Applied to the Section 15 Anomaly in Foreign Affiliate Financing", Canadian Tax Journal, (2013) 61:2, 367-85:
Guy Fortin, Melanie Beaulieu, "The Meaning of the Expressions ‘In the Ordinary Course of Business' and ‘Directly or Indirectly'", 2002 Conference Report (Toronto: Canadian Tax Foundation, 2003) 36:1-60.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) | 0 |
Subsection 15(2.4) - When s. 15(2) not to apply — certain employees
See Also
Goreham v. The Queen, 2000 DTC 1561 (TCC)
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Lavoie v. The Queen, 95 DTC 673 (TCC)
Kalousdian v. The Queen, 94 DTC 1722 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | 97 |
Spencer v. The Queen, 93 DTC 1222 (TCC)
Kanters v. MNR, 92 DTC 1508 (TCC)
Deckelbaum v. MNR, 82 DTC 1636 (T.R.B.)
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Words and Phrases
arrangementFabry v. MNR, 81 DTC 638 (T.R.B.)
Hendriks v. MNR, 81 DTC 939 (T.R.B.)
Reekie v. MNR, 80 DTC 1447 (T.R.B.)
Administrative Policy
5 February 2002 External T.I. 2001-011547 -
26 May 1997 T.I. 970545
1996 Tax Executive Institute Round Table, Q. X (Draft, No. 963906)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.3) | 121 |
11 August 1995 T.I. 950974 (C.T.O. "Shareholder/Employee Housing Loan")
Income Tax Regulation News, Release No. 3, 30 January, 1995 under "Paragraph 15(2)(b) and 20(1)(j)"
30 March 1994 Memorandum 933613 (C.T.O. "Allocation of S/H Loan to Farm and P/R")
28 March 1994 T.I. 933225 (C.T.O. "Meaning of 'Dwelling'")
17 June 1994 T.I. 933229 (C.T.O. "Shareholder Loans - Employee Gifts Loan to Spouse for Home")
20 May 1994 T.I. 940083 (C.T.O. "Loan to a Shareholder")
93 C.R. - Q. 17
92 C.R. - Q.42
30 November 1991 Round Table (4M0462), Q. 2.3 - Housing Loan (s.15(2)(a)(ii), I.T.A.) (C.T.O. September 1994)
30 November 1991 Round Table (4M0462), Q. 2.1 - Automobile Loan (s.15(2)(a)(iv), I.T.A.) (C.T.O. September 1994)
7 October 1991 T.I. (Tax Window, No. 10, p. 6, ¶1507)
4 April 1991 T.I. (Tax Window, No. 2, p. 28, ¶1221)
21 September 1990 T.I. (Tax Window, Prelim. No. 1, p. 7, ¶1002)
86 C.R. - Q.61
Paragraph 15(2.4)(a)
See Also
Canadian Occidental U.S. Petroleum Corp. v. The Queen, 2001 DTC 295 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Hansard, explanatory notes, etc. | 68 | |
| Tax Topics - Statutory Interpretation - Inserting Words | 159 | |
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) | 79 |
Paragraph 15(2.4)(b)
Paragraph 15(2.4)(e)
See Also
Mast v. The Queen, 2013 TCC 309
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) - Paragraph 15(2.4)(f) | 59 |
Administrative Policy
14 June 2019 External T.I. 2019-0808411E5 - Application of 15(2.4) to home purchase loan
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4 November 2011 External T.I. 2011-0406271E5 - Sole Shareholder-Employee Home Purchase Loan
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18 February 2002 External T.I. 2002-011849 -
9 January 2001 External T.I. 2000-005999 -
IT-119R4 "Debts of Shareholders and Certain Persons Connected with Shareholders"
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) - Paragraph 15(2.4)(f) | 134 | |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2) | 0 |
Paragraph 15(2.4)(f)
See Also
Mast v. The Queen, 2013 TCC 309
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) - Paragraph 15(2.4)(e) | requirement to repay at least 50% of principal over 10-year term, with balance at maturity, did not represent bona fide repayment arrangements | 212 |
Davidson v. The Queen, 99 DTC 933 (TCC)
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Words and Phrases
arrangement| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | 37 |
Administrative Policy
24 April 2001 Internal T.I. 2001-006700 -
IT-119R4 "Debts of Shareholders and Certain Persons Connected with Shareholders"
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.4) - Paragraph 15(2.4)(e) | 151 | |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2) | 0 |
Subsection 15(2.6) - When s. 15(2) not to apply — repayment within one year
See Also
Magicuts Inc. v. The Queen, 98 DTC 2085 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss | 112 |
Ozawa v. The Queen, 97 DTC 1500 (TCC)
Meeuse v. The Queen, 94 DTC 1397 (TCC)
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Words and Phrases
series of transactions or eventsUphill Holdings Ltd. v. MNR, 93 DTC 148 (TCC)
Attis v. MNR, 92 DTC 1128 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 76 |
Docherty v. MNR, 91 DTC 537 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | set-off evidenced in working papers | 77 |
Burgeo Trawlers Ltd. v. MNR, 91 DTC 231 (TCC)
Administrative Policy
6 April 2018 External T.I. 2018-0738871E5 F - Shareholder
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| Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(3) - Paragraph 80.4(3)(b) | previous s. 80.4(2) inclusion is reversed when loan is included under s. 15(2) | 98 |
27 February 2018 Internal T.I. 2017-0682631I7 - Subsection 15(2.6) - Series of Loans
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Words and Phrases
series of loans ... and repayments24 April 2015 External T.I. 2014-0560401E5 - Subsections 15(2) and 227(6.1) and Part XIII tax
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(6.1) | repayment of assigned loan to assignee after 2 years | 150 |
9 October 2015 APFF Roundtable Q. 19, 2015-0595621C6 F - Cash pooling and subsection 15(2)
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8 September 2014 External T.I. 2013-0482991E5 - 15(2) and related provisions
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.11) | novation of pre-2012 loan | 164 |
| Tax Topics - Income Tax Act - Section 221.2 - Subsection 221.2(1) | no unpaid liability of non-resident to be reduced re appropriation of unrefunded s. 214(3)(a) tax | 219 |
2014 Ruling 2013-0505181R3 - 15(2.6) Series of Loans and Repayments
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10 January 2014 External T.I. 2013-0506571E5 F - Subsections 15(2) and 15(2.6)
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23 May 2013 Roundtable, 2013-0483751C6 - Foreign Affiliate Dumping
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12 June 2012 STEP Roundtable, 2012-0442911C6 - STEP CRA Round Table - June 2012
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(j) | 132 |
15 August 2012 External T.I. 2012-0443581E5 - Shareholder Loans
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17 February 2004 External T.I. 2003-0033915 - Cash pooling - shareholder benefit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Payment & Receipt | no automatic set-off | 75 |
2000 December TEI Roundtable, 2000-005603 -
5 October 1992 External T.I. 9219115
92 C.R. - Q.44
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(j) | 56 |
5 October 1992 External T.I. 5-921911 -
30 November 1991 Round Table (4M0462), Q. 3.4 - Series of Loans and Repayments (C.T.O. September 1994)
18 January 1990 T.I. (June 1990 Access Letter, ¶1256)
Articles
PWC, "Tax Insights: Cross-border cash pooling arrangements ─ Recent developments", Issue 2018-41, 2 November 2018
Didier Fréchette, Ryan Rabinovitch, "Current Issues Involving Foreign Exchange", 2015 CTF Annual Conference paper
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Subsection 15(3) - Interest or dividend on income bond or debenture
Administrative Policy
IT-52R4 "Income Bonds and Income Debentures"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Income Bond | 0 |
Subsection 15(5) - Automobile benefit
Cases
Meuse v. The Queen, 94 DTC 6640 (FCTD)
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| Tax Topics - Statutory Interpretation - Interpretation Act - Section 11 | 58 |
Administrative Policy
Subsection 15(7)
Administrative Policy
5 October 2012 Roundtable, 2012-0451241C6 F - Benefit conferred on a NR shareholder by a NR corp
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| Tax Topics - Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(a) | gratuitous use by NR shareholder of Canadian property of the NR corporation produces a s. 214(3)(a) deemed dividend | 146 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | s. 247(2) could apply to produce s. 212(1)(d) withholding where the NR shareholder of a NR corporation gratuitously uses Canadian corporate property | 80 |
Subsection 15(9)
Administrative Policy
16 August 2017 Internal T.I. 2015-0622751I7 - Part XIII Tax on Benefit to Non-resident
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | use of s. 160 to collect s. 15(9) liability of indirect FA on dividends paid to Canco | 269 |
| Tax Topics - Income Tax Act - Section 215 - Subsection 215(1) | CFA liable for failure to "withhold" and remit Pt XIII tax on interest-free benefit on loan to NR sister of its Cdn grandparent | 122 |
| Tax Topics - Income Tax Act - Section 227.1 - Subsection 227.1(1) | s. 227.1 liability can extend to NR directors of a CFA | 168 |
| Tax Topics - Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(a) | benefit from interest free loan by CFA to Canco sister deemed to be a dividend subject to Pt XIII tax | 160 |
| Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(2) | extra-territorial application of s. 80.4(2) | 132 |