Canadian Property Mutual Fund Investment
Resource Capital Fund IV LP v Commissioner of Taxation,  FCA 41 (Federal Court of Australia), rev'd on various grounds  FCAFC 51
Two Caymans investment LPs (“RCF IV” and RCF V”) whose limited partners were mostly U.S. residents, realized gains from the disposal of...
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|Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares||private equity fund LP with 5-year holding objective realized share gain on income account||175|
|Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii)||gains of a NR PE fund from disposals of Australian share investments that were managed in part in Australia were derived from Australia||427|
|Tax Topics - Treaties - Income Tax Conventions - Article 3||each U.S.-resident partner of a Caymans PE LP carried on a U.S. “enterprise”||234|
|Tax Topics - Treaties - Income Tax Conventions - Article 13||exclusion in Art. 13 of Aust.-U.S. Treaty for real property dispositions extended to shares of Australian holding company holding mining leases through grandchild||420|
|Tax Topics - General Concepts - Stare Decisis||lower court not bound by a point of law that was assumed rather than examined by a higher court||292|
|Tax Topics - Income Tax Act - Section 152 - Subsection 152(1)||assessment of partnership was assessment of partners||89|
|Tax Topics - Treaties - Income Tax Conventions - Article 6||Art. 6 extends common law meaning of real property||198|
|Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxable Canadian Property - Paragraph (d)||shares of lithium mining and processing company were derived principally from the processing rather than mining operation and, thus, were not taxable Australian real property||514|
|Tax Topics - General Concepts - Fair Market Value - Other||processing assets of mining company were more valuable than its mining assets||238|
Subsection 218.3(3) - Use of losses
Under Part XIII.2, a non-resident person (or a partnership other than a Canadian partnership) is subject to withholding tax of 15% on the amount...