Section 17

Subsection 17(1) - Amount owing by non-resident

Cases

Liampat Holdings Ltd. v. The Queen, 96 DTC 6020 (FCTD)

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See Also

Upper Lakes Shipping Ltd. v. MNR, 92 DTC 2381 (TCC)

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Leonard Reeves Inc. v. MNR, 91 DTC 425 (TCC)

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E.H. Price Ltd. v. MNR, 91 DTC 135 (TCC)

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A.C. Simmonds & Sons Ltd. v. MNR, 89 DTC 707 (TCC)

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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) 224
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) 192
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 313

9 March 2011 External T.I. 2003-0017231E5 - Application of section 17

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16 February 1995 T.I. 943224 (C.T.O. "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)

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12 March 1992 External T.I. 5-910839 -

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Words and Phrases
loan

10 March 1992 T.I. (Tax Window, No. 17, p. 20, ¶1800)

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6 February 1992 T.I. 903218 (March 1993 Access Letter, p. 68, ¶C9-257; Tax Window, No. 16, p. 23, ¶1734)

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91 C.R. - Q.52

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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

3 October 1990 Memorandum (Tax Window, Prelim. No. 1, p. 19, ¶1029)

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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

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. 17 152

Subsection 17(2) - Anti-avoidance rule — indirect loan

Administrative Policy

2012 Ruling 2012-0452291R3 - XXXXXXXXXX - ATR

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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

Massey-Ferguson Ltd. v. The Queen, 77 DTC 5013, [1977] CTC 6 (FCA)

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See Also

Distillers Corp - Seagrams Ltd v. MNR, 80 DTC 1649 (T.R.B.)

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Words and Phrases
belong

Administrative Policy

31 January 1994 External T.I. 5-933183 -

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93 CPTJ - Q.4

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91 CPTJ - Q.8

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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)

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88 C.R. - Q.10

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80 C.R. - Q.28

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79 C.R. - Q.25

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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

Paragraph 17(8)(a)

Subparagraph 17(8)(a)(i)

Administrative Policy

15 May 2017 External T.I. 2016-0676701E5 - Subsection 17(8)

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Subparagraph 17(8)(a)(ii)

Administrative Policy

13 January 2012 Internal T.I. 2011-0414111I7 F - Deemed Interest Incomes - Exception 17(8)

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Words and Phrases
loan advance

Subsection 17(8.1) - Borrowed money

Paragraph 17(8.1)(b)

Administrative Policy

5 June 2015 Internal T.I. 2015-0569061I7 F - Non-interest-bearing loan to a controlled foreign affiliate

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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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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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Exempt loan or transfer

Administrative Policy

2012 Ruling 2011-0417711R3 -

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.3) Finco makes eligible under ordinary course exemption 114