Subsection 17(1) - Amount owing by non-resident
Cases
Liampat Holdings Ltd. v. The Queen, 96 DTC 6020, [1996] 1 CTC 343 (FCTD)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) | 137 | |
| Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions | "deems" is irrebuttable | 31 |
See Also
Upper Lakes Shipping Ltd. v. MNR, 92 DTC 2381, [1993] 1 CTC 2011 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Retroactivity/Retrospectivity | 123 |
Leonard Reeves Incorporated v. Minister of National Revenue, 91 DTC 425, [1991] 1 CTC 2293 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(2) | 67 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) | 85 |
E.H. Price Limited v. Minister of National Revenue, 91 DTC 135, [1991] 1 CTC 2045 (TCC)
Administrative Policy
28 May 2019 Internal T.I. 2018-0772971I7 - Interaction between sections 94, 17, 247
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(f) | failure to charge for services rendered by a Canco to a NR sub of a NR trust tainted the NR trust under s. 94(2) | 258 |
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(2) - Paragraph 94(2)(a) | NIB loan by a Canco to a NR sub of a NR trust tainted the NR trust under s. 94(2) | 222 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | any subsequent adjustment under s. 247(2) would not affect the application of s. 94(2)(a) to an NIB loan by Canco to a NR Trust sub | 331 |
9 March 2011 External T.I. 2003-0017231E5 - Application of section 17
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 17 - Subsection 17(11.2) | 26 |
16 February 1995 External T.I. 9432245 - INTEREST ON LOAN TO NON-RESIDENT
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October 1992 Central Region Rulings Directorate Tax Seminar, Q. K (May 1993 Access Letter, p. 231)
12 March 1992 External T.I. 5-910839 -
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Words and Phrases
loan| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) - Subparagraph 212(1)(d)(vi) | 82 |
10 March 1992 T.I. (Tax Window, No. 17, p. 20, ¶1800)
6 February 1992 T.I. 903218 (March 1993 Access Letter, p. 68, ¶C9-257; Tax Window, No. 16, p. 23, ¶1734)
91 C.R. - Q.52
17 April 1991 Memorandum (Tax Window, No. 2, p. 17, ¶1203)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 17 - Subsection 17(3) | 63 |
Articles
N. Boidman, "Revised Loan Proposals would Hit both Canadian and Foreign-Based Multi-Nationals: A Startling About-face", Tax Management International Journal, Vol. 28, No. 2, February 12, 1999, p. 75.
Elinore J. Richardson, A. Nikolakakos, "Proposed Amendments to the Taxation of Foreign Source Income", Corporate Finance, Vol. VII, No. 1, 1998, p. 574.
Subsection 17(1.1)
Administrative Policy
7 October 2020 APFF Roundtable Q. 10, 2020-0852221C6 F - Interest-free loan to a related foreign company
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) - Paragraph 247(2)(a) | s. 247 would apply to an interest-free loan made by a Canadian individual to a non-arm’s length non-resident corporation | 255 |
26 April 2017 IFA Roundtable Q. 1, 2017-0691071C6 - Interaction between s17 and s247
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(7) | s. 247(2) generally applies to boost the imputed cross-border interest arising under s. 17 | 162 |
Subsection 17(2) - Anti-avoidance rule — indirect loan
Administrative Policy
2012 Ruling 2012-0452291R3 - XXXXXXXXXX - ATR
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212.3 - Subsection 212.3(2) | 589 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share | MRPS were shares | 147 |
Articles
Joanna R. Barsky, "CCRA Oversteps its Bounds With Outbound Loans", Canadian Current Tax, Vol. 16 No. 1, October 2005, p. 1.
Allan R. Lanthier, "Not Comfortably in Debt", Canadian Tax Highlights, Vol. 8, No. 9, 26 September 2000, p. 70.
Subsection 17(3) - Exception to anti-avoidance rule — indirect loan
Cases
See Also
Distillers Corp - Seagrams Ltd v. MNR, 80 DTC 1649 (T.R.B.)
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Words and Phrases
belong| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Subsidiary Controlled Corporation | 33 |
Administrative Policy
31 January 1994 External T.I. 9331835 - LOANS TO NON RESIDENTS USED IN THEIR BUSINESS
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93 CPTJ - Q.4
91 CPTJ - Q.8
17 April 1991 Memorandum (Tax Window, No. 2, p. 17, ¶1203)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 17 - Subsection 17(1) | 134 |
26 March 1990 T.I. (August 1990 Access Letter, ¶1366)
88 C.R. - Q.10
80 C.R. - Q.28
Subsection 17(7) - Exception
Articles
Mark D. Brender, Marc Richardson Arnould, Patrick Marley, "Cross-Border Cash-Pooling Arrangements Involving Canadian Subsidiaries: A Technical Minefield", Tax Management International Journal, 2014, p. 345.
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | 235 |
Subsection 17(8) - Exception
Administrative Policy
5 May 2021 IFA Roundtable, Q.5
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(7) | a s. 17(8) exception for a loan by a partnership of two related Cancos to an FA does not imply a s. 247(7) exclusion of s. 247(2) | 231 |
Paragraph 17(8)(a)
Subparagraph 17(8)(a)(i)
Subparagraph 17(8)(a)(ii)
Subsection 17(8.1) - Borrowed money
Subsection 17(11.2) - Back-to-back loans
Administrative Policy
9 March 2011 External T.I. 2003-0017231E5 - Application of section 17
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 17 - Subsection 17(1) | 97 |
Subsection 17(15) - Definitions
Controlled foreign affiliate
Articles
Angelo Nikolakakis, "Lehigh Cement Limited v. The Queen – A Bridge Too FAAAR", International Tax Planning, Volume XIX, No. 1, 2013, p. 1284
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(n) | 268 | |
| Tax Topics - Income Tax Act - Section 95 - Subsection 95(6) - Paragraph 95(6)(b) | 309 |
Exempt loan or transfer
Administrative Policy
2012 Ruling 2011-0417711R3 -
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.3) | Finco makes eligible under ordinary course exemption | 118 |