Section 251

Table of Contents

Section 251
Subsection 251(1) - Arm’s length
Paragraph 251(1)(a)
See Also(3)
Paragraph 251(1)(b)
See Also(1)
Paragraph 251(1)(c)
Cases(25)
See Also(44)
Administrative Policy(36)
Articles(3)
Subsection 251(2)
Paragraph 251(2)(a)
See Also(2)
Administrative Policy(1)
Paragraph 251(2)(b)
Subparagraph 251(2)(b)(i)
See Also(2)
Administrative Policy(13)
Subparagraph 251(2)(b)(ii)
Cases(1)
See Also(1)
Subparagraph 251(2)(b)(iii)
Administrative Policy(2)
Paragraph 251(2)(c)
Subparagraph 251(2)(c)(i)
Cases(5)
Administrative Policy(6)
Subparagraph 251(2)(c)(ii)
See Also(1)
Subparagraph 251(2)(c)(vi)
Administrative Policy(1)
Subsection 251(3) - Corporations related through a third corporation
Administrative Policy(3)
Articles(1)
Subsection 251(3.1) - Relation where amalgamation or merger
See Also(1)
Administrative Policy(2)
Subsection 251(4) - Definitions concerning groups
Related Group
Cases(1)
Subsection 251(5) - Control by related groups, options, etc.
Paragraph 251(5)(a)
Administrative Policy(1)
Paragraph 251(5)(b)
Cases(5)
See Also(6)
Administrative Policy(26)
Subparagraph 251(5)(b)(i)
Administrative Policy(3)
Subparagraph 251(5)(b)(ii)
Administrative Policy(2)
Paragraph 251(5)(c)
See Also(2)
Subsection 251(6) - Blood relationship, etc.
Paragraph 251(6)(a)
See Also(1)
Administrative Policy(3)
Paragraph 251(6)(b)
See Also(1)
Administrative Policy(2)
Paragraph 251(6)(c)
Administrative Policy(1)

Subsection 251(1) - Arm’s length

Paragraph 251(1)(a)

See Also

Kiperchuk v. The Queen, 2013 DTC 1088 [at 486], 2013 TCC 60

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Hickman v. The Queen, 2000 DTC 2584 (TCC)

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Wright Estate v. The Queen, 96 DTC 1509 (TCC)

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Paragraph 251(1)(b)

See Also

Kiperchuk v. The Queen, 2013 DTC 1088 [at 486], 2013 TCC 60

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Paragraph 251(1)(c)

Cases

Aeronautic Development Corporation v. Canada, 2018 FCA 67

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Tax Topics - Income Tax Act - Section 256 - Subsection 256(5.1) non-resident exercised de facto control of mooted CCPC under a development agreement 595

Canada v. 9101-2310 Québec Inc., 2013 DTC 5172 [at 6455], 2013 FCA 241

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Labow v. Canada, 2012 DTC 5001 [at 6501], 2011 FCA 305

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Canada v. Remai, 2009 DTC 5188 [at 6257], 2009 FCA 340

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) no abuse in controlling funds established 155
Tax Topics - Statutory Interpretation - Redundancy/reading in words 38

Canada v. McLarty, 2008 DTC 6354, 2008 SCC 26, [2008] 2 S.C.R. 79

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Canada v. Livingston, 2008 DTC 6233, 2008 FCA 89

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Petro-Canada v. Canada, 2004 DTC 6329, 2004 FCA 158

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Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (a) no plan to use purchased seismic data 142
Tax Topics - Income Tax Act - Section 67 107
Tax Topics - General Concepts - Purpose/Intention purpose test satisfied even if multiple purposes 71

Deptuck v. Canada, 2003 DTC 5273, 2003 FCA 177

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Brown v. Canada, 2003 DTC 5298, 2003 FCA 192 (FCA)

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Dixon v. Deputy Attorney General of Canada, 91 DTC 5584 (Ont HCJ.)

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Peter Cundill & Associates Ltd. v. The Queen, 91 DTC 5085 (FCTD), aff'd 91 DTC 5543 (FCA)

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Millward v. The Queen, 86 DTC 6538, [1986] 2 CTC 423 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 4900 - Subsection 4900(4) 124

Beaumont v. The Queen, 86 DTC 6264, [1986] 1 CTC 507 (FCTD), aff'd 88 DTC 6522, [1988] 2 CTC 365 (FCA)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(b) 134

Special Risks Holdings Inc. v. The Queen, 86 DTC 6035, [1986] 1 CTC 201 (FCA)

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Windsor Plastic Products Ltd. v. The Queen, 86 DTC 6171, [1986] 1 CTC 331 (FCTD)

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Tax Topics - Income Tax Act - Section 212 - Subsection 212(4) - Paragraph 212(4)(a) shareholders acting in concert 131

Robson Leather Co. Ltd. v. MNR, 74 DTC 6666, [1974] CTC 872 (FCTD), aff'd 77 DTC 5106, [1977] CTC 132 (FCA)

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Oryx Realty Corp. v. MNR, 74 DTC 6352, [1974] CTC 430 (FCA), aff'd in another respect in sub nom. MNR v. Shofar Investment Corp., 79 DTC 5347, [1979] CTC 433, [1980] 1 S.C.R. 350

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Swiss Bank Corp. et al. v. Minister of National Revenue, 72 DTC 6470, [1972] CTC 614, [1974] S.C.R. 1144

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Pender Enterprises Ltd. v. MNR, 65 DTC 5202, [1965] CTC 343 (Ex Ct)

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Rolka v. MNR, 62 DTC 1394, [1962] CTC 637 (Ex Ct)

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Golden Arrow Sprayers Ltd. v. MNR, 61 DTC 1185 (Ex Ct)

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Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 14 49

Ancaster Development Co. Ltd. v. MNR, 61 DTC 1046, [1961] CTC 91 (Ex Ct)

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MNR v. Kirby Maurice Co. Ltd., 58 DTC 1033, [1958] CTC 41 (Ex Ct)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 14 142

MNR v. Granite Bay Timber Co. Ltd., 58 DTC 1066 (Ex Ct), briefly aff'd 59 DTC 1262 (SCC)

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Transaction 106

Minister of National Revenue v. Sheldon's Engineering Ltd., 55 DTC 1110, [1955] CTC 174, [1955] S.C.R. 637

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See Also

HLB Smith Holdings Limited v. The Queen, 2018 TCC 83

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) s. 160 liability flowed through with dividends paid to 50-50 unrelated shareholders 136

Poulin v. The Queen, 2016 TCC 154, briefly aff’d sub nomine Turgeon v. The Queen 2017 CAF 103

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Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) sale to employee's Holdco with not upside and no risk for employee was non-arm's length 253

Kiperchuk v. The Queen, 2013 DTC 1088 [at 486], 2013 TCC 60

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Wagner v. The Queen, 2012 DTC 1234 [at 3645], 2012 TCC 8

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Tax Topics - Income Tax Act - Section 68 309

Alberta Printed Circuits Ltd. v. The Queen, 2011 DTC 1177 [at 967], 2011 TCC 232

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The Queen v. Yelle, 2010 DTC 5128 [at 7083], 2010 ABPC 94

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Brownco Inc. v. The Queen, 2008 DTC 2591, 2008 TCC 58

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Tax Topics - Income Tax Act - Section 256 - Subsection 256(5.1) 50% shareholder was entitled to one of two directors with tie-breaking vote 192

McMullen v. The Queen, 2007 DTC 286, 2007 TCC 16

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Baxter v. The Queen, 2006 DTC 2642, 2006 TCC 230

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Brouillette v. The Queen, 2005 DTC 1004, 2005 TCC 203

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McLarty v. The Queen, 2005 DTC 217, 2005 TCC 55, rev'd 2006 DTC 6340, 2006 FCA 152, aff'd supra.

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Morley v. The Queen, 2004 DTC 2604, 2004 TCC 280, briefly aff'd 2006 DTC 6351, 2006 FCA 171

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Siracusa v. The Queen, 2003 DTC 2106, 2003 TCC 941

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Martel v. The Queen, 2003 DTC 1187 (TCC)

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Lanester Sales Ltd. v. The Queen, 2003 DTC 997 (TCC), aff'd 2004 DTC 6461, 2004 FCA 217

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 256 - Subsection 256(5.1) no de facto control by franchisor 128

Petro-Canada v. The Queen, 2003 DTC 94 (TCC), aff'd supra.

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Joncas v. The Queen, 2002 DTC 1813 (TCC), aff'd 2002 DTC 7060, 2002 FCA 234 (French)

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Brown v. The Queen, 2001 DTC 1094 (TCC), aff'd supra 2003 DTC 5298 (FCA)

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Campbell v. The Queen, 99 DTC 1073 (TCC)

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MFC Bancorp Ltd. v. The Queen, 99 DTC 905 (TCC)

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Christensen v. The Queen, 98 DTC 1893 (TCC)

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H.T. Hoy Holdings Ltd. v. The Queen, 97 DTC 1180 (TCC)

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Lixo Investments Ltd. v. The Queen, 97 DTC 1030 (TCC)

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Robertson v. The Queen, 97 DTC 449 (TCC)

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RMM Canadian Enterprises Inc. v. The Queen, 97 DTC 302, [1998] 1 C.T.C. 2300 (TCC)

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McNichol et al. v. The Queen, 97 DTC 111 (TCC)

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Davidson Estate v. The Queen, 96 DTC 1652 (TCC)

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Tax Topics - Income Tax Application Rules - Subsection 26(5) 96

Wright Estate v. The Queen, 96 DTC 1509 (TCC)

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Freedman Holdings Inc. v. The Queen, 96 DTC 1447 (TCC)

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Whitehouse v. Ellam, [1995] BTC 284 (Ch. D.)

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Husky Oil Ltd. v. The Queen, 95 DTC 316 (TCC), aff'd 95 DTC 5244 (FCA)

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Bowens v. The Queen, 94 DTC 1863 (TCC), aff'd 96 DTC 6128 (FCA)

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Del Grande v. The Queen, 93 DTC 133 (TCC)

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) not a shareholder benefit if option exercisable only while officer; obligation v. conferral 189
Tax Topics - Income Tax Act - Section 7 - Subsection 7(5) 108
Tax Topics - Statutory Interpretation - Specific v. General Provisions 75

Martin Feed Mills Ltd. v. MNR, 91 DTC 1069 (TCC)

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Fournier v. MNR, 91 DTC 746 (TCC)

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International Aviation Terminals (Calgary) Ltd. v. MNR, 89 DTC 671 (TCC)

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Grant v. MNR, 89 DTC 16 (TCC)

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Roxon Property Management Ltd. v. MNR, 88 DTC 1306 (TCC)

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May Estate v. MNR, 88 DTC 1189, [1988] 1 CTC 2303 (TCC)

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Noranda Mines Ltd. v. MNR, 87 DTC 379 (TCC)

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Re Tremblay (1980), 36 C.B.R. (N.S.) 111 (Q.S.C.)

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MNR v. Merritt Estate, 69 DTC 5159, [1969] CTC 207 (Ex Ct)

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Gatineau Westgate Inc. v. MNR, 66 DTC 560 (TCC)

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Sheldons Engineering Ltd. v. MNR, 53 DTC 11 (TAB), aff'd 54 DTC 1106 (Ex Ct) and at 55 DTC 1110, [1955] S.C.R. 637 (supra).

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Administrative Policy

7 September 2016 External T.I. 2014-0563781E5 - Articles 10 and 11 of Canada-UK Treaty

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Tax Topics - Treaties - Income Tax Conventions - Article 11 limited partners of an LP can deal at arm’s length with a Canadian subsidiary of the LP 436
Tax Topics - Treaties - Income Tax Conventions - Article 10 limited partners generally do not have control over a company’s voting power/an over-10% limited partner is considered to “indirectly” own over 10% of an LP subsidiary 439

19 January 2017 External T.I. 2015-0576751E5 F - Trust, Disposition of depreciable property, Assumption

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(e) s. 13(7)(e) applicable to s. 107(2.1) distribution but not s. 104(5) deemed disposition 257
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) s. 107(2) generally available where beneficiary assumes trust debt 158
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Personal Trust non-commital as to whether assumption of debt could constitute tainting consideration 175
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.1) s. 13(7)(e) applicable to depreciable property distribution 117

29 November 2016 CTF Roundtable Q. 6, 2016-0669661C6 - 84.1 and the Poulin/Turgeon Case

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Words and Phrases
accommodation party
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Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts - Paragraph (c) - Subparagraph (c)(ii) right of GREs to carry forward donations for five years 103
Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) Poulin is consistent with CRA's previous statements on employee buycos 119

7 October 2016 APFF Roundtable Q. 20, 2016-0655831C6 F - Employee Buycos and the Poulin Case

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Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) Poulin accepted 122

2014 Ruling 2014-0539791R3 - Paragraph 212(1)(b)

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Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(b) creditors' approval of CCAA plan of compromise for the debtor trust did not cause them to not deal at arm's length with trust 365
Tax Topics - Income Tax Act - Section 212 - Subsection 212(3) - Participating debt interest interest paid on limited recourse debt to the extent of available debtor was not participating debt interest 231

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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S1-F5-C1 - Related Persons and Dealing at Arm's Length

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25 November 2012 Roundtable, 2013-0479401C6 F - Employés et Achat Ltée – commentaires panel ARC

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Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) - Paragraph 84.1(1)(b) generally a deemed dividend on repurchase of departing employees’ shares by employer-funded Buyco 132

25 November 2012 CTF Roundtable, 2013-0479402C6 - Employee Buycos - comments from CRA Panel

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Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) stock option Buyco not at arm's length 184

19 April 2012 External T.I. 2012-0439781E5 - Specified employee for SRED credits

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10 April 2012 External T.I. 2011-0428701E5 F - Lien de dépendance - commanditaire et SEC

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8 October 2010 APFF Roundtable, 2010-0373181C6 F - Non-arm's length relationship

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5 October 2007 APFF Roundtable Q. 10, 2007-0243171C6 F - Surplus Stripping

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Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) treatment of Employeeco purchase depends on whether it has a separate economic interest 340

IT-419R2

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2005 Ruling 2005-0133041R3 - Investors not dealing non-arm's length

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28 March 2003 External T.I. 2002-016665 -

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Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) 84.1 may apply to partial buyout by Holdco for independent employees 162

10 May 2001 External T.I. 2001-007568 -

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(3) - Paragraph 7(3)(a) 79

30 March 2001 External T.I. 2000-007414 -

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Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.6) 68

May 1998 Conference for Advanced Life Underwriting Round Table, Q. 1, No. 9807000

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Income Tax Technical News, No. 9, 10 February 1997

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6 January 1997 External T.I. 5-964084 -

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23 May 1996 External T.I. 5-960465 -

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(e) person potentially may not deal at arm's length with itself 72

1996 A.P.F.F. Round Table No. SM12910 (Item 4.4.1)

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1995 Ontario Tax Conference Round Table, Q. 5 (No. 952503)

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) 122

27 October 1994 T.I. 942454

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12 January 1993 T.I. (Tax Window, No. 28, p. 21, ¶2388)

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21 August 1992 T.I. (Tax Window, No. 23, p. 1, ¶2141)

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92 C.R. - Q.33

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92 CPTJ - Q.14

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18 December 1991 T.I. (Tax Window, No. 12, p. 23, ¶1572)

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10 July 1991 T.I. 1991-111

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9 May 1991 T.I. 5-7883 [GP control's LP's business]

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8 March 1991 T.I. (Tax Window, No. 2, p. 23, ¶1190)

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29 December 1989 T.I. (May 1990 Access Letter, ¶1223)

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(e) 60

September 1989 Revenue Canada Round Table (December 89 Access Letter, ¶1040.11)

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IT-140R3 "Buy-Sell Agreements"

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Tax Topics - General Concepts - Fair Market Value - Shares 0

Articles

Sandra Mah, Mark Meredith, "Factual Non-Arm's Length Relationships", 2014 Conference Report, (Canadian Tax Foundation), 16:1-24

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Flannigan, "The Legal Construction of Rights of First Refusal", The Canadian Bar Review, Vol. 76, Nos. 1 & 2, March - June 1997, p. 1.

Owen, "Acting in Concert: Fact or Fiction?", 1992 Canadian Tax Journal, No. 4, p. 829.

Subsection 251(2)

Paragraph 251(2)(a)

See Also

Mathieu v. The Queen, 2014 TCC 207

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(3) - Paragraph 7(3)(a) non-arm's length option surrender proceeds were exempted by s. 7(3)(a) 144
Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) may look at subsequent amendment to determine whether it changed the law 126
Tax Topics - Statutory Interpretation - Specific v. General Provisions stock option rules more specific than employee benefits 51

May Estate v. MNR, 88 DTC 1189, [1988] 1 CTC 2303 (TCC)

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12 July 2018 External T.I. 2018-0755471E5 - Half-brothers and related persons

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Tax Topics - Income Tax Act - Section 251 - Subsection 251(6) - Paragraph 251(6)(a) half-brothers were connected by blood relationship 91

Paragraph 251(2)(b)

Subparagraph 251(2)(b)(i)

See Also

Kruger Wayagamack Inc. v. The Queen, 2015 DTC 1112 [at 667], 2015 TCC 90, aff'd 2016 FCA 192

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Tax Topics - General Concepts - Fair Market Value - Shares non-assignable put right ignored 90
Tax Topics - Income Tax Act - Section 256 - Subsection 256(1) - Paragraph 256(1)(a) de jure or de facto control requires strategic control, not merely operational control 314
Tax Topics - Income Tax Act - Section 256 - Subsection 256(1.2) - Paragraph 256(1.2)(c) effect of s. 256(1.2)(g) is as if company were run by 3rd party 236
Tax Topics - Income Tax Act - Section 256 - Subsection 256(5.1) de facto control requires strategic control, not merely operational control 200

Ministic Air Ltd. v. The Queen, 2008 TCC 296

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Tax Topics - Excise Tax Act - Section 231 - Subsection 231(1) debt not written off a recipient not at arm's length 198

Administrative Policy

11 May 2017 Internal T.I. 2016-0665931I7 - Related to participating employer

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Words and Phrases
de jure control
Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 8000 - Subsection 8300(1) - Individual Pension PLan two unrelated 50% shareholders potentially could both be related to the corporation based on Duha USA rights and s. 251(5)(b) rights 248
Tax Topics - Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) s. 251(5)(b) deemed control does not undercut actual de jure control 138

8 September 2017 External T.I. 2014-0549771E5 - Article XXIX-A:3

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Tax Topics - Treaties - Income Tax Conventions - Article 29A a trust is related for purposes of Art. XXIX-A (3) of the Canada-U.S. Treaty to a corporation that is controlled by its corporate trustee 326
Tax Topics - Treaties - Income Tax Conventions - Article 3 "person related thereto" defined by ITA meaning of "related person" 37

5 November 2014 External T.I. 2014-0529991E5 F - Avantage pour automobile-personne liée

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Tax Topics - Income Tax Act - Section 6 - Subsection 6(2) standby charge computed based on cost to auto owner which is related to employer 179

10 October 2014 APFF Roundtable Q. 16, 2014-0538031C6 - APFF 2014 Q. 16 - Capital gain

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) interposition of holdco to permit related-person spin-off compliant with s. 55(3)(a)(ii) and (v) 845
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3.01) - Paragraph 55(3.01)(g) interposition of holdco to permit related-person spin-off compliant with s. 55(3)(a)(ii) and (v) 844

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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Example 7

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1 May 2014 External T.I. 2013-0494981E5 F - De Jure Control

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2012 Ruling 2011-0402571R3 - De Jure Control - Debt Settlement

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6 October 2000 External T.I. 2000-0038055 F - Contrôle par une société de personnes

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9 August 1994 T.I. 933312 [control by partner with voting rights]

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23 March 1992 T.I. (Tax Window, No. 18, p. 20, ¶1825) [control by trustee]

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90 C.R. - Q28

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87 C.R. - Q.18

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Subparagraph 251(2)(b)(ii)

Cases

Miron and Frères Ltd. v. Minister of National Revenue, 55 DTC 1109, [1955] CTC 182, [1955] S.C.R. 679

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See Also

Côté-Létourneau v. The Queen, 2010 DTC 1116 [at 3092], 2007 TCC 91

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Subparagraph 251(2)(b)(iii)

Administrative Policy

22 August 2014 External T.I. 2014-0540751E5 F - Acquisition of control

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Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(a) addition of cousin to control group would taint it/cousins part of related control group while fathers alive 485

30 January 2013 External T.I. 2012-0470931E5 - Related corporations

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Paragraph 251(2)(c)

Subparagraph 251(2)(c)(i)

Cases

Chutka v. Canada, 2001 DTC 5093 (FCA)

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Duha Printers (Western) Ltd. v. Canada, [1998] 1 S.C.R. 795, 98 DTC 6334

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Tax Topics - General Concepts - Tax Avoidance no business purpose test 75

Zeal and Gold Ltd. v. MNR, 73 DTC 5116, [1973] CTC 129 (FCTD)

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International Fruit Distributors Ltd. v. MNR, 53 DTC 1222 (Ex Ct), aff'd without reasons 55 DTC 1186 (SCC)

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Person 92

Army & Navy Department Stores Ltd. v. Minister of National Revenue, 53 DTC 1185, [1953] CTC 293, [1953] 2 S.C.R. 496

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6 October 2000 External T.I. 2000-0038055 F - Contrôle par une société de personnes

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Income Tax Technical News, No. 16, 8 March 1999

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27 October 1994 T.I. 942454

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9 August 1994 T.I. 9333125

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8 January 1992 Memorandum (Tax Window, No. 15, p. 9, ¶1685)

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23 April 1991 T.I. (Tax Window, No. 2, p. 28, ¶1214)

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Subparagraph 251(2)(c)(ii)

See Also

Re A. Zimet Ltd. (1982), 44 C.B.R. (N.S.) 136 (S.C.O.)

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Subparagraph 251(2)(c)(vi)

Administrative Policy

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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Subsection 251(3) - Corporations related through a third corporation

Administrative Policy

10 October 2014 October APFF Roundtable Q. 17, 2014-0538071C6 F - 2014 APFF Roundtable, Q. 17 - Related Group

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S1-F5-C1 - Related Persons and Dealing at Arm's Length

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13 March 1990 T.I. (August 1990 Access Letter, ¶1394)

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Articles

Marc N. Ton-That, "Deemed Relationships: A More Restrictive View", Corporate Structures and Groups, Vol. IX, No. 4, 1997, p. 237

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Subsection 251(3.1) - Relation where amalgamation or merger

See Also

Dow Chemical Canada Inc. v. The Queen, 2007 DTC 1701, 2007 TCC 668

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 78 - Subsection 78(1) 124

Administrative Policy

S4-F7-C1 - Amalgamations of Canadian Corporations

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Tax Topics - Income Tax Act - Section 100 - Subsection 100(2.1) s. 100(2.1) applies to non-qualifying amalgamation 58
Tax Topics - Income Tax Act - Section 111 - Subsection 111(12) application following amalgamation 103
Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) deemed tcp following amalgamation 155
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5.1) continuity of s. 13(5.1) on amalgamation 126
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) Amalco can continue objection and receive refunds 145
Tax Topics - Income Tax Act - Section 169 Amalco can continue objection 97
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) reserve after amalgamation 50
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Shareholder shareholder need not hold shares 82
Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(b) realted party, majority and 50% group exceptions 448
Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(iii) reserve after amalgamation 50
Tax Topics - Income Tax Act - Section 66.7 - Subsection 66.7(7) successoring where non-wholly owned amalgamation 85
Tax Topics - Income Tax Act - Section 69 - Subsection 69(13) no disposition of predecessor property on general principles 103
Tax Topics - Income Tax Act - Section 7 - Subsection 7(1.4) s. 87(5) not applicable 104
Tax Topics - Income Tax Act - Section 80.01 - Subsection 80.01(3) non-87 amalgamation/no FX gain 159
Tax Topics - Income Tax Act - Section 84 - Subsection 84(3) no deemed dividend to dissenter on amalgamation 81
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) election filing by Amalco 103
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1.1) s. 87(1.1) qualifies for all s. 87 purposes 60
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1.2) successoring where non-wholly owned amalgamation 85
Tax Topics - Income Tax Act - Section 87 - Subsection 87(10) deemed listing of temporary Amalco shares 114
Tax Topics - Income Tax Act - Section 87 - Subsection 87(11) gain if high PUC is sub shares 47
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) presumptive satisfaction of s. 87(1)(a)/dissent and squeeze-outs onside 260
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(a) new corp/deemed year end coinciding or not with acquisition of control 0
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(b) Amalco must follow predecessor's valuation method subject to truer picture doctrine 58
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(c) reserve after amalgamation 103
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(d) cost amount carryover 135
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(e.1) s. 100(2.1) applies to non-qualifying amalgamation 58
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(o) no continuity rule for non-security options 133
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(q) pre-amalgamation services 96
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.11) loss-carry back to parent 159
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.1) dovetailing with s. 88(1.1) 38
Tax Topics - Income Tax Act - Section 87 - Subsection 87(3.1) 328
Tax Topics - Income Tax Act - Section 87 - Subsection 87(3) PUC shifts 181
Tax Topics - Income Tax Act - Section 87 - Subsection 87(4) fractional share cash/ACB or value shift/implied non-recognition for predecessor shares 247
Tax Topics - Income Tax Act - Section 87 - Subsection 87(7) dovetailing with s. 78 and 112(12) 171
Tax Topics - Income Tax Act - Section 87 - Subsection 87(9) allocation of s. 87(9)(c)(ii) excess as parent chooses 218
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) late designation 106
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1.1) dovetailing with s. 87(2.1) 56
Tax Topics - Income Tax Act - Section 98 - Subsection 98(5) partnership dissolution on amalgamation 123
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2.2) deemed non-arm's length relationship on amalgamation 415
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2) deemed non-arm's length relationship on amalgamation 323
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(14) class continuity on non-arm's length amalgamation 311
Tax Topics - Income Tax Regulations - Regulation 8503 - Subsection 8503(3) - Paragraph 8503(3)(b) pre-amalgamation services 96

11 November 1993 Memorandum (Tax Window, No. 30, p. 3, ¶2482)

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Subsection 251(4) - Definitions concerning groups

Related Group

Cases

Atomic Truck Cartage Ltd. v. The Queen, [1985] 2 CTC 21 (FCTD)

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Words and Phrases
group

Subsection 251(5) - Control by related groups, options, etc.

Paragraph 251(5)(a)

Administrative Policy

26 October 2010 External T.I. 2010-0363341E5 - Related corporations

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Paragraph 251(5)(b)

Cases

Durocher v. Canada, 2016 CAF 299

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Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Interpretation Act - Section 8.1 Tax Court can review validity of contract in reviewing assessment 123
Tax Topics - General Concepts - Illegality proper for the Tax Court to pass on the alleged nullity of a contract in the context of passing on the correctness of an assessment 235

The Queen v. Lusita Holdings, 84 D.T.C 6346, [1984] CTC 335 (FCA)

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Rostal Sales Agency Ltd. v. The Queen, 83 DTC 5036, [1983] CTC 5 (FCTD)

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Toric Optical Ltd. v. The Queen, 78 DTC 6310, [1978] CTC 436 (FCTD)

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Viking Food Products Ltd. v. The MNR, 67 DTC 5067 (Ex Ct)

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See Also

ARTV Inc. v. Agence du revenu du Québec, 2016 QCCQ 8757 (Cour du Québec)

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Words and Phrases
right
Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Interpretation Act - Section 8.1 tax law superimposed on the general law 152

Lyrtech RD Inc. v. The Queen, 2013 DTC 1147 [at 820], 2013 TCC 12, aff'd 2014 FCA 267

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Tax Topics - Income Tax Act - Section 256 - Subsection 256(5.1) de facto control by public company even though de jure control by trust 310

Ekamant Canada Inc. v. The Queen, 2010 DTC 1039 [at 2741], 2009 TCC 408

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Sedona Networks Corporation v. The Queen, 2006 DTC 2486, 2006 TCC 80

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H.T. Hoy Holdings Ltd. v. The Queen, 97 DTC 1180 (TCC)

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Hudson's Investment Co. (London) Ltd. v. MNR, 68 DTC 83 (TAB)

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Words and Phrases
control

Administrative Policy

11 May 2017 Internal T.I. 2016-0665931I7 - Related to participating employer

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Tax Topics - Income Tax Regulations - Regulation 8000 - Subsection 8300(1) - Individual Pension PLan two unrelated 50% shareholders potentially could both be related to the corporation based on Duha USA rights and s. 251(5)(b) rights 248
Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(b) - Subparagraph 251(2)(b)(i) under Duha, a 50% shareholder potentially can have de jure control 189

7 July 2015 External T.I. 2014-0552711E5 - Application of paragraph 251(5)(b)

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4 February 2015 External T.I. 2015-0565741E5 - Canadian-controlled private corporation

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Tax Topics - Income Tax Act - Section 12 - Subsection 12(11) - Investment Contract indemnity agreement was not "indebtedness" 23
Tax Topics - Income Tax Act - Section 256 - Subsection 256(6) s. 256(6) does not protect a company's CCPC status where its shares are pledged to a pubco to secure an indemnity, not debt 209

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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27 March 2014 External T.I. 2014-0524851E5 F - Deemed year-end and CPCC status

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Tax Topics - Income Tax Act - Section 249 - Subsection 249(3.1) Ekamant: s. 251(5)(b) does not vitiate actual control by share owner 202

16 March 2011 External T.I. 2010-0380571E5 F - Application de 251(5)b)(ii) et 256(1.4)b)

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28 April 2005 External T.I. 2005-0121951E5 - Put Options and Call Options

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2003 CALU Roundtable Q. 10, 2003-000425 -

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1998 Strategy Institute Round Table, Q. 11, No. 8M17920

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8 February 1995 T.I. 942128

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12 January 1993 T.I. (Tax Window, No. 28, p. 21, ¶2388)

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Harris, "Insight into the 1991 Revenue Canada Round Table Discussion", 29 July 1992, Q. 24

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92 C.M.TC - Q.8

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19 March 1992 T.I. (Tax Window, No. 15, p. 15, ¶1705)

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18 October 1991 T.I. (Tax Window, No. 11, p. 19, ¶1529)

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8 January 1991 External T.I. 7-913477 -

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30 May 1990 T.I. (October 1990 Access Letter, ¶1493)

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30 April 1990 TI C-9132 (September 1990 Access Letter, ¶1438)

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21 February 1990 T.I. (July 1990 Access Letter, ¶1349)

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18 December 1989 Decision Summary (May 1990 Access Letter, ¶1220)

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88 C.R. - Q.42

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79 C.R. - Q.38

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IT-64R2 "Corporations: Association and Control" under "Options"

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Subparagraph 251(5)(b)(i)

Administrative Policy

6 October 2017 APFF Roundtable Q. 17, 2017-0709171C6 F - Arm's length determination

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24 March 2017 External T.I. 2016-0662381E5 F - Control - unanimous shareholders agreement

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(ii) no application if non-resident under USA cannot control board decision to redeem residents’ shares – applies if automatic redemption requirement 393
Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation non-resident would control notwithstanding USA board appointment right of residents due to its secondary call right on their shares or right to require corp to honour automatic redemption clause 280

7 October 2016 APFF Roundtable Q. 7, 2016-0652971C6 F - Paragraph 251(5)(b) and subsection 256(1.4)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 256 - Subsection 256(1.4) - Paragraph 256(1.4)(a) does not include right to find a 3rd party purchaser for another’s shares 123
Tax Topics - Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(ii) may include right arising after triggering of event over which no control 266

Subparagraph 251(5)(b)(ii)

Administrative Policy

24 March 2017 External T.I. 2016-0662381E5 F - Control - unanimous shareholders agreement

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(i) highly contingent secondary call right of a non-resident on shares of minority residents undercuts for CCPC purposes their USA right to appoint half the board 485
Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation non-resident would control notwithstanding USA board appointment right of residents due to its secondary call right on their shares or right to require corp to honour automatic redemption clause 280

7 October 2016 APFF Roundtable Q. 7, 2016-0652971C6 F - Paragraph 251(5)(b) and subsection 256(1.4)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 256 - Subsection 256(1.4) - Paragraph 256(1.4)(a) does not include right to find a 3rd party purchaser for another’s shares 123
Tax Topics - Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(i) right to find 3rd party purchaser 70

Paragraph 251(5)(c)

See Also

Côté-Létourneau v. The Queen, 2010 DTC 1116 [at 3092], 2007 TCC 91

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Naples v. Martin Estate, [1987] 1 WWR 52 (BCSC)

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Subsection 251(6) - Blood relationship, etc.

Paragraph 251(6)(a)

See Also

Diktakis v. The Queen, 2016 TCC 262 (Informal Procedure)

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 254 - Subsection 254(2) - Paragraph 254(2)(g) occupation of the new home could have been through a 2-year half sister and her mother 250

Administrative Policy

12 July 2018 External T.I. 2018-0755471E5 - Half-brothers and related persons

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Words and Phrases
brother sibling
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(a) half-siblings are related 49

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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13 April 1995 T.I. 942994 (C.T.O. "Related and Associated")

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Paragraph 251(6)(b)

See Also

May Estate v. MNR, 88 DTC 1189, [1988] 1 CTC 2303 (TCC)

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Administrative Policy

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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2 August 1995 T.I. 950876 [double in-laws]

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Paragraph 251(6)(c)

Administrative Policy

S1-F5-C1 - Related Persons and Dealing at Arm's Length

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