Section 246

Table of Contents

Section 246
Subsection 246(1) - Benefit conferred on a person
Cases(12)
See Also(4)
Administrative Policy(21)
Paragraph 246(1)(a)
Administrative Policy(1)
Subsection 246(2) - Arm’s length
Cases(1)
See Also(1)

Subsection 246(1) - Benefit conferred on a person

Cases

Laliberté v. Canada, 2020 FCA 97

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) any subjective intention of the controlling shareholder not to be enriched did not establish that no taxable benefit 427
Tax Topics - General Concepts - Onus Tax Court could determine a taxable benefit percentage (different from that assumed by the Minister) based on all the evidence 304

Consultants Pub Création Inc. v. Canada, 2008 DTC 6610, 2008 FCA 60, aff'g Massicotte v. The Queen, 2006 TCC 618

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The Queen v. Kieboom, 92 DTC 6382, [1992] 2 CTC 59 (FCA)

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Sweeney v. The Queen, 90 DTC 6507, [1990] 2 CTC 342 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other 170

Boardman v. The Queen, 85 DTC 5628, [1986] 1 CTC 103 (FCTD)

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Mansfield v. The Queen, 83 DTC 5136, [1983] CTC 97 (FCTD), aff'd 84 DTC 6535, [1984] CTC 547 (FCA)

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(a) 201

The Queen v. Immobiliare Canada Ltd., 77 DTC 5332, [1977] CTC 481 (FCTD)

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Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) sale of bond with accrued interest did not satisfy interest 178
Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(b) sale proceeds allocable to expectancy of interest were not interest receipt 128
Tax Topics - Income Tax Act - Section 76 105

The Queen v. Esskay Farms Ltd., 76 DTC 6010, [1976] CTC 24 (FCTD)

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Words and Phrases
disbursement
Locations of other summaries Wordcount
Tax Topics - General Concepts - Agency weight given to written agreement terms in finding that intermediary purchased as principal 122
Tax Topics - General Concepts - Evidence 81
Tax Topics - General Concepts - Sham no sham if documents describe intended legal rights 354
Tax Topics - General Concepts - Tax Avoidance no sham if documents describe intended legal rights 354
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) 143
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) 199
Tax Topics - Income Tax Act - Section 245 - Old 57
Tax Topics - Statutory Interpretation - Provincial Law 58

David v. The Queen, 75 DTC 5136, [1975] CTC 197 (FCTD)

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Tax Topics - General Concepts - Evidence 30
Tax Topics - Income Tax Act - Section 84 - Subsection 84(2) proceeds from the sale of cash-rich company to pension fund for wind-up 5 months later were "otherwise appropriated ... on the winding-up" 321

Indalex Ltd. v. The Queen, 88 DTC 6039, [1988] 1 CTC 60 (FCA)

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Laxton v. The Queen, 88 DTC 6008, [1988] 1 CTC 19 (FCTD), rev'd , in part, 89 DTC 5327 (FCA)

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Tax Topics - Statutory Interpretation - Specific v. General Provisions 67

MNR v. Enjay Chemical Co. Ltd., 71 DTC 5293, [1971] CTC 535 (FCTD)

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Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base 30
Tax Topics - Income Tax Act - Section 9 - Forgiveness of Debt debt forgiveness related to inventory of operations 186

See Also

Laliberté v. The Queen, 2018 TCC 186

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) business benefits from sending shareholder into space were secondary 491

Pelletier v. The Queen, 2004 DTC 3176 (TCC)

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Husky Oil Ltd. v. The Queen, 95 DTC 316, [1995] 1 CTC 2184 (TCC), aff'd 95 DTC 5244 (FCA)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Shares 82
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) common interest of the parties did not evince that each was not acting in its own interests 133

Ovis Brooks v. Minister of National Revenue, 91 DTC 639, [1991] 1 CTC 2551 (TCC)

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Administrative Policy

2017 Ruling 2016-0660321R3 - Reorg of REIT to simplify multi-tier structure

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 132.2 - Subsection 132.2(1) - Qualifying Exchange use of the s.132.2 merger and a renunciation of most of the units otherwise issuable on the merger in order to eliminate a REIT corporate subsidiary held through an LP and a sub-trust 1006
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(2) - Paragraph 107.4(2)(a) s. 107.4 transfer of sub-trust’s assets to sister MFT trust 438
Tax Topics - Income Tax Act - Section 98 - Subsection 98(3) drop down of LP 1 into LP 2 followed by immediate s. 98(3) wind-up of LP 1 into LP 2 and GP of LP1, followed by immediate taxable sale by GP to LP 2 134
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition no disposition on conversion of general to limited partnership or adding right of renunciation of a MFT unitholder 166
Tax Topics - Income Tax Act - Section 132.2 - Subsection 132.2(3) - Paragraph 132.2(3)(g) - Subaragraph 132.2(3)(g)(vi) - Clause 132.2(3)(g)(vi)(C) - Subclause 132.2(3)(g)(vi)(C)(I) renunciation by subsidiary partnership of transferee MFT of units that otherwise would be issuable on the redemption of its incestuous holding in transferor MFC 245

6 December 2016 External T.I. 2016-0666841E5 F - Sale of property for POD less than FMV

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1.4) - Paragraph 15(1.4)(c) application to Holdco shareholder of Opco where Opco conferrred a benefit on child of Holdco's shareholder 210
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) potential application to immediate shareholder re benefit on indirect shareholder 207

14 March 2016 External T.I. 2016-0626781E5 - Neuman Type Situation

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) s. 15(1) might apply where spouse subscribes nominal consideration for Opco shares and receives a large discretionary dividend 226
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) likely non-applicable where spouse subscribes nominal consideration for Opco shares and receives a large discretionary dividend 262
Tax Topics - Income Tax Act - Section 73 - Subsection 73(1) spousal rollover for Kieboom disposition of economic interest 82

16 April 2012 External T.I. 2011-0411491E5 - Taxation of distributions of a US LLC

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) taxable benefit where US taxes on LLC income allocated to indirect Cdn member are paid by LLC or intermediate ULC 161

24 June 2015 External T.I. 2015-0575911E5 F - Benefit to shareholder or conferred on a person

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1.4) - Paragraph 15(1.4)(c) benefit only conferred on one shareholder (the husband) if wife of one of four sibling shareholders receives benefit 333
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) benefit conferred on spouse of individual shareholder of parent 253

3 March 2015 Internal T.I. 2014-0527841I7 F - Avantage imposable pour aéronef

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(c) apportionment of aircraft use between business and personal 74
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 174
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1.4) - Paragraph 15(1.4)(c) s. 15(1.4)(c) applied to extend scope of Massicotte indirect benefit doctrine 170

12 December 2012 Internal T.I. 2012-0464411I7 - Indirect Benefit

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16 April 2012 External T.I. 2011-041149 -

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Dividend 157

10 January 2011 Internal T.I. 2009-0344251I7 - Application of subsection 246(1)

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8 October 2010 Roundtable, 2010-0371901C6 F - avantage à l'actionnaire, assurance-vie

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Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) reimbursement by sub of premiums potentially includible under s. s. 12(1)(x) where it is the beneficiary of life insurance policy held by parent 258

4 December 2009 Internal T.I. 2009-0344991I7 F - Paragraphe 246(1) et le jugement Massicotte

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2 December 2008 Internal T.I. 2008-0270981I7 F - Entreprise de prestation de services personnels

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25 February 2008 Internal T.I. 2007-0243871I7 F - Avantages imposables

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Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) unpaid director was a deemed employee, so that payment of his personal expenses was a s. 6(1)(a) benefit 131

14 June 2007 External T.I. 2006-0209341E5 F - Utilisation d'un bien d'une société de personnes

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Tax Topics - Income Tax Act - 101-110 - Section 103 - Subsection 103(1) personal use of property is a factor going to the reasonableness of the profit-sharing arrangements 74
Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.2) - Paragraph 96(2.2)(d) personal use of property could engage s. 96(2.2)(d) 104
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose partner’s use of partnership property is addressed by denying partnership income deductions and under s. 103, rather than through benefit-conferral provisions 112

20 March 2007 External T.I. 2006-0173711E5 F - Paiement des impôts d'une fiducie

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Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) s. 105(1) does not apply where trustee pays trust taxes 109
Tax Topics - Income Tax Act - Section 74.1 - Subsection 74.1(2) attribution may apply where father pays income tax liability of trust for his children 107

25 March 1994 External T.I. 9335505 - INTEREST REDUCE 15(1) BENEFIT

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93 A.P.F.F. Round Table, Q.17

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24 March 1993 T.I. (Tax Window, No. 38, p. 1, ¶2490)

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90 C.R. - Q.47

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Tax Topics - Income Tax Act - Section 214 - Subsection 214(15) 100

80 C.R. - Q.55

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IT-239R2 "Deductibility of Capital Losses from Guaranteeing Loans for Inadequate Consideration and from Loaning Funds at less than a Reasonable Rate of Interest in Non-arm's Length Circumstances"

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Paragraph 246(1)(a)

Administrative Policy

15 May 2019 IFA Roundtable Q. 7, 2019-0798821C6 - Subsection 246(1) and Non-Residents

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Subsection 246(2) - Arm’s length

Cases

Jobin v. The Queen, 78 DTC 6538, [1978] CTC 493 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(2) 22

See Also

Extendicare Health Services Inc. v. MNR, 87 DTC 5404, [1987] 2CTC 179 (FCTD)

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Words and Phrases
bona fide
Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Redundancy/reading in words 43

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