Subsection 93.1(1) - Shares held by partnership
Articles
Karthika Ariyakumaran, Michael Spinelli, "Holding a Foreign Affiliate Through a Partnership", Canadian Tax Focus (Canadian Tax Foundation), Vol. 8, No. 1, February 2018, p.14
Dividend income may be allocated differently than relative FMV of interests (p. 14)
Canadian-resident corporations that hold an interest in a...
Nathan Boidman, "Canadian Foreign Affiliate Tax Proposals - Brief Overview", Tax Management International Journal, Vol. 29, No. 2, 11 February 2000, p. 100.
Subsection 93.1(2) - Where dividends received by a partnership
Administrative Policy
6 September 2002 External T.I. 2001-0111675 - Gross Amount of Dividend
Confirmation that s. 93.1(2)(d)(i) permits the partner to deduct its share of the gross amount of the dividends received by the partnership.
Paragraph 93.1(2)(a)
Articles
Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114
Potential net taxable income inclusion as a result of pro rata FMV rule (p. 20:37)
[I]f the proportionate FMV of a member’s partnership interest...
Paragraph 93.1(2)(d)
Subparagraph 93.1(2)(d)(i)
Administrative Policy
16 May 2018 IFA Roundtable Q. 3, 2018-0749171C6 - Interaction s.91(5) s.93.1(2)(d)(i)
A taxable Canadian corporation and its wholly owned Canadian subsidiary (collectively “Canco”) have always owned 100% of a partnership...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5900 - Subsection 5900(3) | corporate-owned LP treated transparently to avoid a surplus anomaly re s. 91(5) dividend | 226 |
| Tax Topics - Income Tax Act - Section 91 - Subsection 91(5) | appplication of s. 91(5) to LP shareholder of FA | 88 |
Articles
Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114
S. 93.1(2)(d)(i) applies to gross amount of dividend
It seems to be a well-established and accepted position that the limitation is meant to apply...
Subsection 93.1(5)
Administrative Policy
21 September 2021 Internal T.I. 2019-0807491I7 - Subsections 93.1(5) and (6)
Canco held 100% of LLC2 through a US partnership (USP) and had an indirect 37% interest in USOpco. Having s. 95(2)(a)(ii)(B) deem the interest...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(2.1) | waiver under s. 220(2.1) cannot have the effect of permitting the late filing of an election not listed in Reg. 600 | 353 |
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.2) | no extension can be made under s. 220(3.2) for an election not listed in Reg. 600, or through the back door under s. 220(2.1) | 262 |