Section 129

Subsection 129(1) - Dividend refund to private corporation

Cases

Bonnybrook Industrial Park Development Co. Ltd. v. Canada (National Revenue), 2018 FCA 136

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Tax Topics - Income Tax Act - Section 220 - Subsection 220(2.1) failure of the Minister, on application for s. 220(3) relief, to consider the request for s. 220(2.1) relief 239
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3) Minister had the discretion under s. 220(3) to extend the time for applying for a dividend refund 475

Binder Capital Corp v. Canada (National Revenue), 2017 FC 642, effectively rev'd 2018 FCA 136

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Tax Topics - Income Tax Act - Section 220 - Subsection 220(3) CRA denial of extension of 3-year deadline in s. 129(1) not subject to Federal Court review 201

1057513 Ontario Inc. v. Canada, 2015 FCA 207

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Tax Topics - Income Tax Act - Section 129 - Subsection 129(3) RDTOH is not reduced by unclaimed dividend refunds 114

See Also

1057513 Ontario Inc. v. The Queen, 2014 DTC 1196 [at 3743], 2014 TCC 272

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Nanica Holdings Limited v. The Queen, 2015 DTC 1111 [at 657], 2015 TCC 85 (Informal Procedure)

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Tax Topics - Income Tax Act - Section 39 - Subsection 39(1) - Paragraph 39(1)(c) loan made to the principal of a business corporation could not be construed as a corporate loan

Presidential MSH Corporation v. The Queen, 2015 DTC 1101 [pp. 596-610], 2015 TCC 61

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Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions definitional term not inserted immediately after referent term 81

Ottawa Ritz Hotel Company Limited v. The Queen, 2012 DTC 1172 [at 3427], 2012 TCC 166 (Informal Procedure)

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Tax Topics - Income Tax Act - Section 129 - Subsection 129(3) RDTOH not extinguished by three-year limitations period on dividend refund 49
Tax Topics - Income Tax Act - Section 162 - Subsection 162(2) 82

Administrative Policy

2017 Ruling 2016-0674681R3 - Sequential Split-Up Butterfly

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Distribution sequential split-up butterfly with 1% tolerance, triggering of capital gains to generate CDA and RDTOH, and year end change to accommodate RDTOH division 656
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3.1) - Paragraph 55(3.1)(a) sale of securities for cash proceeds that are reinvested, and tendering shares for shares of offeror 56
Tax Topics - Income Tax Act - Section 249.1 - Subsection 249.1(7) CRA accommodates year end change so that dividend refund of full RDTOH balance is generated in Year 1 202

24 November 2015 CTF Roundtable Q. 1, 2015-0610691C6 - T2 Late-Filing: Impact on Div. Refund and RDTOH

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Tax Topics - Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(b) unclaimed divided refunds do not generate s. 186(1)(b) tax to the dividend recipient 94

9 October 2015 APFF Roundtable Q. 8, 2015-0595591C6 F - Dividend Refund and Part IV Tax Payable

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2 February 2015 External T.I. 2013-0510751E5 F - Cooperatives and Dividend Refund

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share fractions of cooperative capital not shares 119

11 March 2014 Internal T.I. 2013-0499421I7 - Application of subsection 220(2.1) to 129(1)

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18 October 2012 External T.I. 2012-0436181E5 - Part IV Tax / Denied Dividend Refund

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92 CPTJ - Q.10

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4 March 1991 T.I. (Tax Window, No. 2, p. 15, ¶1183)

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Tax Topics - Income Tax Act - Section 186 - Subsection 186(1) 38

86 C.R. - Q.31

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Articles

Anthony Strawson, Timothy P. Kirby, "Vendor Planning for Private Corporations: Select Issues", 2017 Conference Report, (Canadian Tax Foundation), 11:1-28

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Paragraph 129(1)(a)

Administrative Policy

12 May 2017 External T.I. 2016-0649841E5 F - Dividend Refund to Private Corporation

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Subsection 129(1.2) - Dividends deemed not to be taxable dividends

See Also

Speer v. The Queen, 99 DTC 157 (TCC)

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Canwest Capital Inc. v. The Queen, 97 DTC 1 (TCC)

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Administrative Policy

2017 Ruling 2016-0628181R3 - Donation of shares to private foundation

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(13) - Paragraph 118.1(13)(c) gift of NQS in portfolio company cured when company wound-up into charity 183
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts residue paid under terms of spousal trust to charitable beneficiary was not a gift 133
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(15) gift of shares (NQS) of portfolio company retroactively deemed to be made in terminal year once company wound up into charity 98

10 June 2013 STEP CRA Roundtable, 2013-0480361C6 - 2013 STEP, QUESTION 12. RDTOH and Dividend Refunds

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29 June 2009 External T.I. 2008-0296371E5 F - Capital dividends

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17 January 1997 T.I. 962932

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23 June 1992 Memorandum 921769 (January - February 1993 Access Letter, p. 28, ¶C117-180)

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Articles

Anthony Strawson, Timothy P. Kirby, "Vendor Planning for Private Corporations: Select Issues", 2017 Conference Report, (Canadian Tax Foundation), 11:1-28

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Subsection 129(3)

Cases

1057513 Ontario Inc. v. Canada, 2015 FCA 207

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 129 - Subsection 129(1) dividend refund requires timely filing 127

See Also

Ottawa Ritz Hotel Company Limited v. The Queen, 2012 DTC 1172 [at 3427], 2012 TCC 166 (Informal Procedure)

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Tawa Developments Inc. v. The Queen, 2011 DTC 1324 [at 1837], 2011 TCC 440

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Words and Phrases
refund

Subsection 129(4) - Definitions

Aggregate Investment Income

Administrative Policy

9 October 2015 APFF Roundtable Q. 24, 2015-0598261C6 F - Calcul du revenu de placement total - annexe 7

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9 May 2012 External T.I. 2012-0440781E5 - Recapture of CCA

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Canadian Investment Income

Cases

Burri v. The Queen, 85 DTC 5287, [1985] 2 CTC 42 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Evidence 52

The Queen v. Brown Boveri Howden Inc., 83 DTC 5319, [1983] CTC 301 (FCA)

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Morbane Developments Ltd. v. MNR, [1983] CTC 338 (FCA), briefly aff'g 81 DTC 5362, [1981] CTC 490 (FCTD)

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The Queen v. Marsh & McLennan, Ltd., 83 DTC 5180, [1983] CTC 231 (FCA)

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Riviera Hotel Co. Ltd. v. The Queen, 82 DTC 6045, [1982] CTC 30 (FCTD)

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Tax Topics - General Concepts - Evidence 22

Supreme Theatres Ltd. v. The Queen, 81 DTC 5136, [1981] CTC 190 (FCTD)

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See Also

Ben Barbary Co. Ltd. v. MNR, 89 DTC 242 (TCC)

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King George Hotels Ltd. v. The Queen, 81 DTC 5082, [1981] CTC 87 (FCA)

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Administrative Policy

19 September 1991 T.I. (Tax Window, No. 11, p. 15, ¶1509)

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Articles

Durnford, "The Distinction Between Income from Business and Income from Property, and the Concept of Carrying on Business", 1991 Canadian Tax Journal, p. 1131.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 125 - Subsection 125(1) 0

Foreign Investment Income

Administrative Policy

81 C.R. - Q. 25

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Income or Loss

Paragraph (b)

See Also

Rocco Gagliese Productions Inc. v. The Queen, 2018 TCC 136

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Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Specified Investment Business SOCAN royalties generated by a CCPC from writing TV-episode music were not from SIB 241

Subsection 129(4.1)

Cases

The Queen v. Irving Garber Sales Canada Ltd., 92 DTC 6498 (FCTD)

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McCutcheon Farms Ltd. v. The Queen, 91 DTC 5047 (FCTD)

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Ensite Ltd. v. R., 86 DTC 6521, [1986] 2 CTC 459, [1986] 2 S.C.R. 509

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See Also

Balmoral Investments Ltd. v. The Queen, 97 DTC 802 (TCC)

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Cornwall Gravel Co. Ltd. v. The Queen, 94 DTC 1709 (TCC)

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Lake Superior Investments Ltd. v. MNR, 93 DTC 898 (TCC)

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Regina News Ltd. and Mid-Western News Agency Ltd. v. MNR, 93 DTC 358 (TCC)

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Alamar Farms Ltd. v. The Queen, 93 DTC 121 (TCC)

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Great Eastern Life Assurance Co. Ltd. v. Director General of Inland Revenue (Malaysia), [1986] BTC 372 (PC)

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Words and Phrases
incidental gross income

Administrative Policy

19 August 1994 External T.I. 5-941599 -

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4 February 1994 External T.I. 5-932536 -

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Subsection 129(6) - Investment income from associated corporation deemed to be active business income

Cases

Norco Development Ltd. v. The Queen, 85 DTC 5213, [1985] 1 CTC 130 (FCTD)

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Administrative Policy

29 November 2016 CTF Roundtable Q. 15, 2016-0669731C6 - The New SBD provisions

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Tax Topics - Income Tax Act - Section 125 - Subsection 125(10) sharing of business limit with Rentalco 166

10 May 2013 External T.I. 2012-0449651E5 F - SENC - revenu d'entreprise exploitée activement

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Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share assets used by an LP in its active business are used by its partner in an active business 181

10 May 2013 External T.I. 2012-0442791E5 F - SENC - Revenu d'entreprise exploitée activement

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26 June 2012 Internal T.I. 2012-0436381I7 F - Nature d’un revenu - Indemnité d’assurance

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Tax Topics - Income Tax Act - Section 9 - Compensation Payments life insurance proceeds for rental property did not have the character of rents from an associated corp 99

21 October 1994 External T.I. 5-942150 -

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