Subsection 246(1) - Benefit conferred on a person
Cases
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 | 477 |
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 (FCA)
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| Tax Topics - Income Tax Act - Section 74.1 - Subsection 74.1(1) | 99 | |
| Tax Topics - Statutory Interpretation - Interpretation Bulletins, etc. | 67 |
Sweeney v. The Queen, 90 DTC 6507 (FCTD)
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|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Other | 166 |
Boardman v. The Queen, 85 DTC 5628, [1986] 1 CTC 103 (FCTD)
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| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | 146 | |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(4) | 32 |
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) | 195 |
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 | 170 |
| 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 | 126 |
| Tax Topics - Income Tax Act - Section 76 | 103 |
The Queen v. Esskay Farms Ltd., 76 DTC 6010, [1976] CTC 24 (FCTD)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Agency | 118 | |
| Tax Topics - General Concepts - Evidence | 75 | |
| Tax Topics - General Concepts - Sham | no sham if documents describe intended legal rights | 338 |
| Tax Topics - General Concepts - Tax Avoidance | no sham if documents describe intended legal rights | 338 |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | 137 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) | 195 | |
| Tax Topics - Income Tax Act - Section 245 - Old | 55 | |
| Tax Topics - Statutory Interpretation - Provincial Law | 52 |
David v. The Queen, 75 DTC 5136, [1975] CTC 197 (FCTD)
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|---|---|---|
| Tax Topics - General Concepts - Evidence | 26 | |
| Tax Topics - Income Tax Act - Section 84 - Subsection 84(2) | 315 |
Indalex Ltd. v. The Queen, 88 DTC 6039, [1988] 1 CTC 60 (FCA)
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 | 65 |
MNR v. Enjay Chemical Co. Ltd., 71 DTC 5293, [1971] CTC 535 (FCTD)
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | 28 | |
| Tax Topics - Income Tax Act - Section 9 - Forgiveness of Debt | debt forgiveness related to inventory of operations | 178 |
See Also
Pelletier v. The Queen, 2004 DTC 3176 (TCC)
Husky Oil Ltd. v. The Queen, 95 DTC 316 (TCC), aff'd 95 DTC 5244 (FCA)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Shares | 76 | |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | 129 |
Administrative Policy
2017 Ruling 2016-0660321R3 - Reorg of REIT to simplify multi-tier structure
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| Locations of other summaries | Wordcount | |
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| 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 | 924 |
| 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 | 398 |
| 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 | 120 |
| 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 | 158 |
| 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 | 217 |
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 | 200 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | potential application to immediate shareholder re benefit on indirect shareholder | 199 |
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 | 214 |
| 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 | 242 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(1) | spousal rollover for Kieboom disposition of economic interest | 68 |
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 | 155 |
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 | 303 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | benefit conferred on spouse of individual shareholder of parent | 235 |
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 | 66 |
| 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 | 168 |
| 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 | 158 |
12 December 2012 Internal T.I. 2012-0464411I7 - Indirect Benefit
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) | interest-free loan | 87 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | fee re distribution borrowing | 153 |
16 April 2012 External T.I. 2011-041149 -
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Dividend | 147 |
10 January 2011 Internal T.I. 2009-0344251I7 - Application of subsection 246(1)
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25 March 1994 T.I. 933550 (C.T.O. "Interest Reduced 15(1) Benefit")
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 89 |
93 A.P.F.F. Round Table, Q.17
24 March 1993 T.I. (Tax Window, No. 38, p. 1, ¶2490)
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
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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| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(g) - Subparagraph 40(2)(g)(ii) | 265 |
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 | |
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(2) | 20 |
See Also
Extendicare Health Services Inc. v. MNR, 87 DTC 5404, [1987] 2CTC 179 (FCTD)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Redundancy/reading in words | 37 |