Subsection 55(5)

Cases

Canada v. Kruco Inc., 2003 DTC 5506, 2003 FCA 284

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Paragraph 55(5)(b)

See Also

626468 New Brunswick Inc. v. The Queen, 2018 TCC 100

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) safe income was reduced by corporate income taxes that would be computed on that income 321

Paragraph 55(5)(c)

Administrative Policy

14 February 2014 External T.I. 2012-0454481E5 F - Safe Income

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 34.2 - Subsection 34.2(11) transitional reserve deduction is in taxpayer's discretion 53
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) not claiming s. 34.2(11) transitional reserve to increase SIOH 357

Paragraph 55(5)(d)

Articles

Jim Samuel, "Interaction of the Foreign Affiliate Surplus and Safe-Income Regimes: Selected Anomalies, Issues, and Planning Considerations", Canadian Tax Journal, (2018) 66:2, 269-307

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Paul Dhesi, Korinna Fehrmann, "Integration Across Borders", Canadian Tax Journal, (2015) 63:4, 1049-72

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Paragraph 55(5)(e)

Cases

Gestion B. Dufresne Ltée v. Canada, 99 DTC 5614 (FCA)

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Administrative Policy

21 July 1992 External T.I. 5-921027 -

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Subparagraph 55(5)(e)(ii)

Administrative Policy

10 October 2014 APFF Roundtable, 2014-0538021C6 F - Meaning of beneficiary

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(25) Propep applied: beneficiary under s. 55(5)(e)(ii) included beneficially interested per s. 248(25)(a) 205

8 October 2004 Miscellaneous 2004-0086961C6 - Interaction of 55(5)(e)(ii) and 248(25)(a)

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Articles

Michael Goldberg, "Not Quite Chicken Soup – Part II: Are Powers to Add and Remove Beneficiaries Safe for Canadian Family Trust Precedents", Tax Topics, Number 2175, November 14, 2013, p.1.

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(25) 422

Paragraph 55(5)(f)

Cases

The Queen v. Nassau Walnut Investments Inc., 97 DTC 5051 (FCA)

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See Also

101139810 Saskatchewan Ltd. v. The Queen, 2017 TCC 3

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) s. 55(2) assessment of corporate tax on bad butterfly confirmed notwithstanding same accrued gain reported at individual shareholder level 452
Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) taxation of same appreciation at individual shareholder level and corporate level under s. 55(2) was not double taxation 270

Gestion Jean-Paul Champagne Inc. v. MNR, 97 DTC 155 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2) 88

Administrative Policy

21 November 2017 CTF Roundtable Q. 5, 2017-0726381C6 - 55(5)(f) and 55(2.3) with 55(2.1)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) notwithstanding dividend bifurcation under s. 55(5)(f) (or 55(2.3), the s. 55(2.1)(b) purpose test is to be applied to the whole dividend 223
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.3) dividend bifurcation under s. 55(2.3) does not detract from s. 55(2.1) purpose tests being applied to whole dividend 156

9 March 2016 External T.I. 2016-0630281E5 F - Redemption of shares and changes to 55(2)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) exemption of s. 84(3) deemed dividend not exceeding safe income 144
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2) - Paragraph 55(2)(b) demarcation between ss. 55(2)(b) and (c) 278

24 November 2015 CTF Roundtable Q. 4, 2015-0610701C6 - Surplus Stripping and GAAR

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) deliberate triggering of s. 55(2) gain does not violate GAAR 212

16 June 2014 STEP Roundtable, 2014-0522991C6 - Safe Income

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2) s. 55(5)(f) designation unnecessary 154

7 October 2011 Roundtable, 2011-0412091C6 F - Late Filed Paragraph 55(5)(f) Designation

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1992 A.P.P.F. Annual Conference, Q. 2 (January - February 1993 Access Letter, p. 50)

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June 1990 Meeting of Alberta Institute of Chartered Accountants (November 1990 Access Letter, ¶1499, Q. 5)

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June 1990 Meeting of Alberta Institute of Chartered Accountants (November 1990 Access Letter, ¶1499, Q. 6)

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90 C.P.T.J. - Q.21

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90 C.P.T.J. - Q.19

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Articles

Rick McLean, Jeff Oldewening, Jonas Lau, "Capital Gains Stripping and Surplus Stripping", 2017 Annual CTF Conference draft paper

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