Section 95

Table of Contents

Subsection 95(1) - Definitions for this subdivision

Controlled Foreign Affiliate

Administrative Policy

2016 Ruling 2015-0571441R3 - Dutch Cooperative - 93.2 & 95(2)(c)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(c) rollover is available on joint drop-down of shares of a Dutch private limited liability company into a Dutch cooperative in consideration for respective credits to the membership accounts 455
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation Dutch cooperative whose articles limited member liability was a corp 251
Tax Topics - Income Tax Act - Section 93.2 - Subsection 93.2(2) membership interest in Dutch cooperative ruled to be shares 90
Tax Topics - Income Tax Act - Section 85.1 - Subsection 85.1(3) joint contribution of shares of FA to Netherlands co-op in consideration for credits to their respective membership accounts deemed to be for share consideration 55

93 C.M.T.C - Q.1

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Excluded Property

Administrative Policy

27 March 2018 Internal T.I. 2015-0592551I7 - Excluded property status of partnership interest

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 5908 - Subsection 5908(10) partnership interests no longer were excluded property on dissolution given prior disposition of s. 95(2)(a)(ii) loans/potential qualification of partnership interest under para. (c) ignored 289
Tax Topics - Income Tax Regulations - Regulation 5903 - Subsection 5903(5) - Paragraph 5903(5)(b) foreign affiliate parent cannot carry back FAPLs generated by wound-up foreign affiliate 371
Tax Topics - Income Tax Act - Section 96 Icelandic Sameignarfelag was partnership 167
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(f.14) once partnership interests were no longer excluded property, the components of their ACB calculation was to be translated at the rates when those components first arose 240
Tax Topics - Income Tax Act - Section 98 - Subsection 98(2) partnership interest disposition occurred no sooner than final distribution date 77

2015 Ruling 2014-0536661R3 - Disposition of property by a foreign partnership

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Accrual Property Income reliance on excluded property exclusion on dissolution of Foreign LP as a result of the wind-up of its FA partners 377

6 March 2015 Internal T.I. 2014-0549761I7 - Internally generated goodwill & excluded property

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 149 - Subsection 149(10) unpurchased goodwill is taken into account 92
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation unpurchased goodwill is taken into account 97

15 January 2015 External T.I. 2014-0546581E5 - Partnership interest excluded property

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1 September 2009 External T.I. 2006-0168571E5 - Excluded property

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21 September 2007 External T.I. 2007-0251651E5 - Excluded property

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1 November 2000 External T.I. 1999-000972 -

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6 January 1999 T.I. 982978

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10 March 1998 T.I. 980489

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22 December 1997 T.I. 970977

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18 June 1996 External T.I. 18 June 1996 T.I. 9523595 - Excluded Property Status - Partnership Structures

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Articles

Paul Barnicke, Melanie Huynh, "FA's LP Interest: Excluded Property?", (2015) vol. 23, no. 4 Canadian Tax Highlights, 4-5

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Shawn D. Porter, David Bunn, "Excluded Property and Foreign Rollovers: Interpretive Issues in the Partnership Context", International Tax Planning (Federated Press), 2010, p.1060

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Foreign Accrual Property Income

See Also

A.G. Canada v. Le Groupe Jean Coutu (PJC) Inc., 2015 QCCA 838, SCC docket 36505, aff'd 2016 SCC 56

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Rectification & Rescission transactions achieved purpose of neutralizing FX fluctuations and were not intended to avoid FAPI 242

Rostland Corp. v. The Queen, [1995] 2 CTC 2276 (TCC)

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Canada Trustco Mortgage Co. v. MNR, 91 DTC 1312 (TCC)

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Alexander Cole Ltd. v. MNR, 90 DTC 1894 (TCC)

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King George Hotels Ltd. v. The Queen, 81 DTC 5082, [1981] CTC 87 (FCA)

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Administrative Policy

2015 Ruling 2014-0536661R3 - Disposition of property by a foreign partnership

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property still dormant mine as excluded property 63

30 August 2004 External T.I. 2003-000135 -

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26 March 2004 External T.I. 2003-004706 -

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27 November 1998 T.I. 982283

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17 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 2, ¶1094)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 39 - Subsection 39(2) 40

85 C.R. - Q.15

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Articles

Mark Coleman, Daniel A. Bellefontaine, "Forgiveness, Foreign Affiliates and FAPI: a Framework", Resource Sector Taxation (Federated Press), Vol. X, No. 1, 2015, p.694

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Mitchell Sherman, Kenneth Saddington, "100 1 Damnations!", Corporate Finance, Volume XVIII, No. 3, 2012, p. 2126, at 2129

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Gordon Funt, Joel A. Nitikman, "FAPI and Debt Forgiveness - Now You See It, Now You Don't", CCH Tax Topics, No. 1724, 24 March 2005.

Melanie Huynh, Eric Lockwood, "Foreign Accrual Property Income: A Practical Perspective", International Tax Planning, 2000 Canadian Tax Journal, Vol. 48, No. 3, p. 752.

A

Administrative Policy

5 June 2018 External T.I. 2017-0738081E5 - Interest exp of foreign affiliate holding company

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(f) Canco may choose not to deduct interest expense of a CFA so as not to generate a FAPL 392

Paragraph (b)

Administrative Policy

5 October 2017 Internal T.I. 2015-0614021I7 - 214(16) deemed dividend

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 214 - Subsection 214(16) Interest that is denied under the thin cap rules and recharacterized as dividends is still interest for FAPI and LRIP/GRIP purposes 196

Foreign Accrual Tax

Administrative Policy

11 June 2013 STEP Roundtable, 2013-0480321C6 - 2013 STEP Question 6 US LLCs - FAPI, FAT and FTCs

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 113 - Subsection 113(1) - Paragraph 113(1)(c) 168
Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) deduction for US tax on LLC income which also is FAPI 157

5 September 2013 External T.I. 2011-0431031E5 - Guatemala's taxes

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8 April 2004 Internal T.I. 2003-0037291I7 - US LLC and Regulation 5907(1.3)

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15 December 1998 External T.I. 9819355 - FOREIGN AFFILIATES - FOREIGN ACCRUAL TAX

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27 November 1998 External T.I. 9822835 - FOREIGN AFFILIATES - FOREIGN ACCRUAL TAX

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29 October 1997 External T.I. 9719055 - FOREIGN ACCRUAL TAX

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5 June 1996 T.I. 961803 (C.T.O. "Income or Profits Tax for Foreign Affiliate Rules")

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3 September 1991 External T.I. 9111825 -

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84 C.R. - Q.57

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Articles

Michael Black, "Cross-Border Consolidation and the Foreign Affiliate Rules", Canadian Tax Journal (2017) 65:1, 173-89

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Mark Coleman, Daniel A. Bellefontaine, "Forgiveness, Foreign Affiliates and FAPI: a Framework", Resource Sector Taxation (Federated Press), Vol. X, No. 1, 2015, p.694

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Mark Coleman, "Treaty Shopping and Back-to-Back Loan Rules", Power Point Presentation for 28 May 2015 IFA Conference in Calgary.

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Michael G. Bronstetter, Douglas R. Christie, "The Fickle Finger of FAT: An Analysis of Foeign Accrual Tax", Canadian Tax Journal, (2003) Vol 51, No. 3, p. 1317

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Foreign Affiliate

Administrative Policy

18 February 2013 External T.I. 2012-0467121E5 - Associated corporations, Debt Forgiveness

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15 July 2011 Internal T.I. 2010-0388621I7 - Entity Classification - Liechtenstein Anstalt

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation anstalt a corp 96
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share division of capital not necessary for "shares" 126

2004 Ruling 2004-0103111R3 - Foreign affiliates; indirect payment

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5 October 2001 Comfort Letter 2001 1005B

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27 June 1994 T.I. 940600 (C.T.O. "Corporate Status of a Delaware LLC (4093-U5-100-4)")

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16 December 1993 T.I. (C.T.O. "6363-1 Foreign Affiliate Deemed Active Business Income")

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93 C.M.TC - Q. 12

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December 1992 B.C. Tax Executives Institute Round Table, Q.14 (October 1993 Access Letter, p. 482)

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88 C.R. - Q.11

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Foreign Bank

See Also

Loblaw Financial Holdings Inc. v. The Queen, 2018 TCC 182

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Words and Phrases
bank
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1.11) requirement met where Crown knew the nature and quantum of the dispute 259
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (a) Barbados-licensed international bank, which used Loblaw funding to invest responsively to Loblaw considerations, conducted an offside non-arm’s length business 425
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (c) employee equivalents was reduced by employee time described in s. 95(2)(b) 284
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange short-term debt securities were inventory because they were the raw material for generating swap income 124
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.01) - Paragraph 152(4.01)(a) - Subparagraph 152(4.01)(a)(ii) GAAR is generally a separate matter rather than being subsumed in the allegedly-misused substantive provision 194
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) application of GAAR required the occurrence of an avoidance transaction (or series) in non-statute-barred years and the relevant previous year’s avoidance transaction did not occur as part of the series 496
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) hiring of employees 15-years previously to engage foreign bank exception to investment business definition was not part of same series as renewal of foreign bank licence 216
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) use of Barbados sub to engage in proprietary trading for Canadian parent misused the foreign bank exemption, whose purpose was promoting international competitiveness 322
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(l) purpose of s. 95(2)(l) exception was to permit non-resident subsidiaries of Canadian banks and dealers to compete internationally 184

CIT Group Securities (Canada) Inc. v. The Queen, 2016 TCC 163, 2017 TCC 86

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(l) - Subparagraph 95(2)(l)(iii) regulated Barbados subsidiary which invested in corporate debt qualified under the s. 95(2)(l) exclusion for foreign banks 698
Tax Topics - General Concepts - Evidence hearsay evidence could support expert opinion 114

Income from Property

Articles

John Lorito, Trevor O'Brien, "International Finance – Cash Pooling Arrangements", 2014 Conference Report, (Canadian Tax Foundation), 20:1-33

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Powrie, "The Potential for Realizing Foreign Accrual Property Income in Structuring Foreign Exploration and Development Ventures", International Tax Planning, Vol. VI, No. 1, p. 379

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Investment Business

See Also

R&C Commrs v. Lockyer & Anor (for Pawson Estate), [2013] UKUT 050 (Tax and Chancery Chamber)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Specified Investment Business actively-manged holiday property an investment 385

Indema Ltd. v. The Queen, 92 DTC 6244 (FCTD)

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Words and Phrases
principal business

Administrative Policy

2009 Ruling 2009-0308961R3 - Principal Purpose of Business

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14 December 2008 Internal T.I. 2008-0299161I7 - five employees

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26 October 2000 Internal T.I. 2000-004438 -

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24 August 1999 T.I. 9701345

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1 December 1997 Tax Executives Institute Roundtable Q. IX 8M17870F

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13 November 1997 T.I. 972253

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10 November 1997 T.I. 971117

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10 November 1997 T.I. 972226

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22 September 1997 T.I. 964161

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26 July 1995 T.I. 950977 (C.T.O. "6363-1 Meaning of the Term "Regulated")

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14 July 1995 T.I. 950977 (C.T.O. "6363-1 Foreign Affiliates - Investment Business")

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28 June 1995 T.I. 9505615

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6 December 1995 No. 9530400

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1995 International Fiscal Association Conference, Q. 3 6363-1

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1995 Tax Executives Institute Round Table, Q. 13 No. 9530400

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31 October 1995 T.I. 9526255

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Articles

Tasso Lagios, Arda Minassian, "Foreign Accrual Property Income: Pitfalls for the Unwary", 1999 Conference Report, c. 3.

Jack Bernstein, "Canadian Taxation of Technology: Part II", Tax Profile, Vol. 5, No. 15, November 1997, p. 169

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Ahmed, "The Investment Business Definition", Canadian Current Tax, Vol. 6, No. 8, May 1996, p. 71.

Paragraph (a)

See Also

Loblaw Financial Holdings Inc. v. The Queen, 2018 TCC 182

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1.11) requirement met where Crown knew the nature and quantum of the dispute 259
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Bank CFA qualified as a foreign bank since it was licensed under Barbados law as an international bank 117
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (c) employee equivalents was reduced by employee time described in s. 95(2)(b) 284
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange short-term debt securities were inventory because they were the raw material for generating swap income 124
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.01) - Paragraph 152(4.01)(a) - Subparagraph 152(4.01)(a)(ii) GAAR is generally a separate matter rather than being subsumed in the allegedly-misused substantive provision 194
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) application of GAAR required the occurrence of an avoidance transaction (or series) in non-statute-barred years and the relevant previous year’s avoidance transaction did not occur as part of the series 496
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) hiring of employees 15-years previously to engage foreign bank exception to investment business definition was not part of same series as renewal of foreign bank licence 216
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) use of Barbados sub to engage in proprietary trading for Canadian parent misused the foreign bank exemption, whose purpose was promoting international competitiveness 322
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(l) purpose of s. 95(2)(l) exception was to permit non-resident subsidiaries of Canadian banks and dealers to compete internationally 184

Paragraph (c)

See Also

Loblaw Financial Holdings Inc. v. The Queen, 2018 TCC 182

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1.11) requirement met where Crown knew the nature and quantum of the dispute 259
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Bank CFA qualified as a foreign bank since it was licensed under Barbados law as an international bank 117
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (a) Barbados-licensed international bank, which used Loblaw funding to invest responsively to Loblaw considerations, conducted an offside non-arm’s length business 425
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange short-term debt securities were inventory because they were the raw material for generating swap income 124
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.01) - Paragraph 152(4.01)(a) - Subparagraph 152(4.01)(a)(ii) GAAR is generally a separate matter rather than being subsumed in the allegedly-misused substantive provision 194
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) application of GAAR required the occurrence of an avoidance transaction (or series) in non-statute-barred years and the relevant previous year’s avoidance transaction did not occur as part of the series 496
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) hiring of employees 15-years previously to engage foreign bank exception to investment business definition was not part of same series as renewal of foreign bank licence 216
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) use of Barbados sub to engage in proprietary trading for Canadian parent misused the foreign bank exemption, whose purpose was promoting international competitiveness 322
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(l) purpose of s. 95(2)(l) exception was to permit non-resident subsidiaries of Canadian banks and dealers to compete internationally 184

Investment Property

See Also

Barejo Holdings ULC v. The Queen, 2015 DTC 1216 [at 1405], 2015 TCC 274, aff'd on other grounds 2016 FCA 304

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 12 - Subsection 12(11) - Investment Contract "notes" which tracked actively-managed reference pool of assets were "debt" 697
Tax Topics - Income Tax Act - Section 94.1 - Subsection 94.1(1) "notes" which tracked actively-managed reference pool of assets were "debt" and "indebtedness" 176
Tax Topics - Statutory Interpretation - Interpretation Act - Section 8.1 quaere whether there is a federal law of "debt" or "charity" 320

Leasing Obligation

Administrative Policy

31 July 2014 Internal T.I. 2014-0536581I7 - Foreign affiliate fresh start rules

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Participating Percentage

Finance

16 May 2018 IFA Finance Roundtable, Q.8

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(4) - Eligible Controlled Foreign Affiliate drafting deficiency in the relevant cost base rules where FAPI under $5,000 185

Taxation Year

Administrative Policy

2012 Ruling 2012-0449941R3 - 95(1) - taxation year

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28 January 2008 External T.I. 2005-0165131E5 - Taxation year of a foreign affiliate

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12 July 2000 External T.I. 2000-003677 -

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1 February 1990 T.I. (July 1990 Access Letter, ¶1323)

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Trust Company

Administrative Policy

15 October 2001 External T.I. 2000-003735 -

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Paragraph 95(2)(a) (historical)

Administrative Policy

14 July 1995 T.I. 950977 (C.T.O. "6363-1 Foreign Affiliates - Investment Business")

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24 May 1994 T.I. 940646 (C.T.O. "6363-1 Foreign Affiliate - Deemed Active Business Income")

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20 May 1993 T.I. (Tax Window, No. 31, p. 3, ¶2509)

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93 C.M.TC - Q. 2

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22 July 1991 T.I. (Tax Window, No. 5, p. 15, ¶1326)

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84 C.R. - Q.56

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80 C.R. - Q.36

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Articles

Chapman, "Foreign Affiliate Amendments: Three Strikes and you are Done", 1995 Canadian Tax Journal, Vol. 43, No. 2, p. 433.

Subsection 95(2) - Determination of certain components of foreign accrual property income

Paragraph 95(2)(a)

Subparagraph 95(2)(a)(i)

Administrative Policy

2016 Ruling 2015-0604451R3 - 95(2)(a)(i)

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2015 Ruling 2015-0573141R3 - Subparagraph 95(2)(a)(i)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(1) - Exempt Earnings - Paragraph (d) - Subparagraph (d)(ii) - Clause (d)(ii)(A) - Subclause (d)(ii)(A)(I) US sub, by servicing both its own debt portfolios and that of a U.S. sister, generated exempt earnings to the sister 142

30 September 2013 Internal T.I. 2012-0439661I7 - Income earmarked for future use & 95(2)(a)(i)

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Words and Phrases
directly related

16 May 2007 May 16, CLHIA Roundtable Q. 19, 2007-0229841C6 - Foreign affiliates - deemed active business income

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9 January 2001 External T.I. 1999-001140 -

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26 October 2000 Internal T.I. 2000-0044387 -

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2 September 1999 TI 9622545 [resource group mananagementco did not have resource business]

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24 August 1999 T.I. 9701345 [one development project held though subsidiary]

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5 February 1997 T.I. 9611725 [notional excess cash of mothership not used in its business]

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21 May 1996 T.I. 9526865

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11 October 1996 APFF Roundtable Q. 1.5 7M12910

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16 August 1995 T.I. 952123 (C.T.O. "6363-1 Deemed Active Business Income")

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16 December 1993 T.I. 932563 (C.T.O. "6363-1 Foreign Affiliate - Deemed Active Business Income")

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Articles

Bruce Sinclair, "Current Topics in the Taxation of Real Estate Development", 2014 Conference Report, (Canadian Tax Foundation), 12:1-24.

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Grant J. Russell, "'Mothership' Revisited - Canada's Foreign Affiliate Regime and Active Business Income", International Tax Planning, Vol. XV, No. 4, 2010, p. 1076

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Paul C. Barnicke, Melanie Huynh, "Mother Ship in Foreign Affiliate's Partnership", 2009 Canadian Tax Highlights

Angelo Nikolakakis, "The Taxation of Foreign Affiliates in the Resource Sectors", 2008 Conference Report

Nikolakakis, "Foreign Exchange Fluctuations: Comprehensive Rules are Needed", Corporate Finance, Vol. V, No. 1, 1997, p. 342

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Subparagraph 95(2)(a)(ii)

Clause 95(2)(a)(ii)(B)

Administrative Policy

2 March 2017 External T.I. 2017-0682291E5 - Swedish/Finnish Profit Transfer Agreements

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22 June 2016 Internal T.I. 2016-0632821I7 F - 93(2.01) & Capital Contribution

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 93 - Subsection 93(2.01) a contribution of FA1 shares to FA2 causes the FA2 shares to be substituted property for s. 93(2.01) purposes 183
Tax Topics - Income Tax Act - Section 248 - Subsection 248(5) ordinary meaning of “substituted” 113

26 May 2016 IFA Roundtable Q. 8, 2016-0642041C6 - s. 95(2)(a)(ii)(B) and borrowing to return capital

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Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(2) - Paragraph 5907(2)(j) interest used to fund return of capital that had been used in an active buisness deductible under Reg. 5907(2)(j) 215

26 May 2016 IFA Roundtable Q. 6, 2016-0642081C6 - German Organschafts

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Tax Topics - Income Tax Act - Section 90 - Subsection 90(2) profit transfer payments by German sub to its German parent deemed to be dividends under s. 90(2) 303
Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(c) German profit transfer payment to loss subsidiary is contribution of capital 154
Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) loss compensation payment under Organschaft 121

28 May 2015 IFA Roundtable Q. 11, 2015-0581571C6 - IFA 2015 Q11: Application of clause 95(2)(a)(ii)(B)

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Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(2) - Paragraph 5907(2)(j) interest on borrowing to distribute accumulated profits 164

31 July 2014 Internal T.I. 2014-0536581I7 - Foreign affiliate fresh start rules

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Leasing Obligation licensed IP 62
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(k) extends to arm's length acquisition/deemed ECE respecting licensed IP 556

2002 Ruling 2001-0093903 - German Organschaft

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29 June 2012 Internal T.I. 2012-0441601I7 - "directly or indirectly"

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2004 Ruling 2004-0103111R3 - Foreign affiliates; indirect payment

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25 October 2002 Internal T.I. 2002-014997 -

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5 September 2002 External T.I. 2000-00742 -

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10 October 2000 External T.I. 2000-005038 -

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6 January 1999 T.I. 982978

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7 August 1996 T.I. 9605735

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1 February, 1996 T.I. 951744 (C.T.O. "Meaning of 'Directly or Indirectly' in 95(2)(a)")

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21 June 1995 T.I. 951091

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25 April 1995 T.I. 942987 "C.T.O. 6363-1 Foreign Affiliates - Deemed ABI")

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Finance

16 May 2018 IFA Finance Roundtable, Q.6

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(2) - Paragraph 5907(2)(j) interest denied under U.S. hybrid rule would be deductible 83

Articles

Jack Bernstein, Francesco Gucciardo, "Canada-U.S. Hybrid Financing – A Canadian Perspective on the U.S. Debt-Equity Regs", 26 September 2016, p. 1151

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Ian Gamble, "Income from a Business or Property: General Principles and Current Issues", 2014 Conference Report, Canadian Tax Foundation, 5:1-32

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John Lorito, Trevor O'Brien, "International Finance – Cash Pooling Arrangements", 2014 Conference Report, (Canadian Tax Foundation), 20:1-33

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Melanie Huynh, Eric Lockwood, "Foreign Accrual Property Income: A Practical Perspective", International Tax Planning, 2000 Canadian Tax Journal, Vol. 48, No. 3, p. 752.

Tasso Lagios, Arda Minassian, "Foreign Accrual Property Income: Pitfalls for the Unwary", 1999 Conference Report, c. 3.

Ahmed, "Selected Issues Relating to the 1995 Foreign Affiliate Amendments", International Tax Planning, 1997 Canadian Tax Journal, p. 2141.

Lanthier, Tobin, "Intercorporate Financing of Canadian Investment in the United States", Cross-Border Taxation Issues and Developments 1996, International Fiscal Association, p. 211.

Finance

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Subclause 95(2)(a)(ii)(B)(II)

Administrative Policy

31 August 2017 Internal T.I. 2016-0680801I7 - Interpretation- subclause 95(2)(a)(ii)(B)(II) Act

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Clause 95(2)(a)(ii)(D)

Administrative Policy

27 January 2017 External T.I. 2013-0482351E5 - Clause 95(2)(a)(ii)(D)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(9.1) s. 18(9.1) applied where loan prepayment penalty was equal to PV of interest thereon 174
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(2.7) loan prepayment penalty fully deducted from surplus when paid 155

24 November CTF Annual Roundtable, Q.9

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28 May 2015 IFA Roundtable Q. 6, 2015-0581601C6 - IFA 2015 Q.6: Reversal of position on 95(2)(a)(ii)(D)

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21 October 2013 Internal T.I. 2013-0496841I7 - Application of clause 95(2)(a)(ii)(D) ITA

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1 May 2009 CLHIA Roundtable Q. 12, 2009-0317191C6 - CLHIA Roundtable Question #12- 95(2)(a)(ii)(D)

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5 September 2002 External T.I. 2000-00742 -

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2002 Ruling 2002-0138993 -

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 84 - Subsection 84(3) 133

5 October 2001 Comfort Letter 20011005 (See also 20010917)

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1 November 2000 External T.I. 1999-000972 -

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25 February 2000 External T.I. 99-000968 -

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14 May 1997 T.I. 960535

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5 February 1997 T.I. 963562 (C.T.O. "Foreign Affiliates - Relevant, Liability for Tax")

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10 October 1996 T.I. 9630775

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Articles

Michael N. Kandev, "Putting on our Thinking Cap About 'CAP D'", International Tax (Wolters Kluwer CCH), June 2017, No. 94, p. 5

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Shawn D. Porter, David Bunn, "Is it Time to Simplify the Holding Company Rule?", International Tax Planning (Federated Press), Volume XIX, No. 2, 2014, p. 1304.

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Paul Barnicke, Melanie Huynh, "TI Denies Cap D Rule", Canadian Tax Highlights, Volume 22, Number 2, February 2014, p. 12.

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Subclause 95(2)(a)(ii)(D)(IV)

Sub-subclause 95(2)(a)(ii)(D)(IV)2

Administrative Policy

26 April 2017 IFA Roundtable Q. 7, 2017-0691221C6 - Clause 95(2)(a)(ii)(D)

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Words and Phrases
income

Paragraph 95(2)(a.1)

Administrative Policy

14 May 2015 CLHIA Roundtable, 2015-0573801C6 - Foreign affiliates - sale of property to taxpayer

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 138 - Subsection 138(2) exclusion where sale to foreign branch of Cdn insurer 206

Nelson Ong, "Sale of Property and Paragraph 95(2)(a.1)", 2012 Canadian Tax Journal, Vo. 60, No. 3, p. 679

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Tasso Lagios and Arda Minassian, "Foreign Accrual Property Income: Pitfalls for the Unwary", 1999 Conference Report, c. 3.

Jack, "The Foreign Affiliate Rules: The 1995 Amendments", 1995 Canadian Tax Journal, Vol. 43, No. 2, p. 347.

Arnold, "An Analysis of the 1994 Amendments to the FAPI and Foreign Affiliate Rules", 1994 Canadian Tax Journal, Vol. 42, No. 4, p. 993.

Subparagraph 95(2)(a.1)(iv)

Administrative Policy

25 October 2016 Internal T.I. 2016-0658241I7 - Application of 95(2)(a.1) to a capital gain

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Paragraph 95(2)(a.3)

Administrative Policy

21 May 1997 T.I. 970795

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Paragraph 95(2)(b)

Administrative Policy

13 January 2014 External T.I. 2013-0474431E5 - Application of 95(2)(b)(ii)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(b) seconding of employees to CFA 339

13 January 2014 External T.I. 2013-0474431E5 - Application of 95(2)(b)(ii)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(b) "full" reimbursement for seconded employee costs does not engage s. 95(2)(b)(ii) 162

2002 Tax Executives Institute Roundtable Q. 14, 2002-017395 -

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7 November T.I. 95-6331 [effect of Canadian manager on FA's billing rate]

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Articles

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

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Sandra Jack, "FAPI: The Goods on Goods", Canadian Tax Highlights, Vol. 9, No. 12, 27 December 2001.

Subparagraph 95(2)(b)(i)

Clause 95(2)(b)(i)(A)

Administrative Policy

1 February 2018 Internal T.I. 2016-0671921I7 - R&D Services - 95(2)(b) vs 247(2) & 95(3)(b), (d)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(3) - Paragraph 95(3)(d) R&D services of CFAs not part of M&P process 180
Tax Topics - Income Tax Act - Section 95 - Subsection 95(3) - Paragraph 95(3)(b) R&D services of CFAs not immediately related to the sale of goods by Canco 203
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(1.3) - Paragraph 5907(1.3)(a) overview of FAT rules re consolidated US return with R&D credit 387

Clause 95(2)(b)(i)(B)

Articles

Peter Lee, Paul Stepak, "PE Investments in Canadian Companies", draft 2017 CTF Annual Conference paper

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Subclause 95(2)(b)(i)(B)(I)

Finance

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Paragraph 95(2)(c)

Administrative Policy

2016 Ruling 2015-0571441R3 - Dutch Cooperative - 93.2 & 95(2)(c)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation Dutch cooperative whose articles limited member liability was a corp 251
Tax Topics - Income Tax Act - Section 93.2 - Subsection 93.2(2) membership interest in Dutch cooperative ruled to be shares 90
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Controlled Foreign Affiliate non-resident subsidiaries CFAs of bottom-tier Cdn partnership and FAs of Canadian corporate partners 126
Tax Topics - Income Tax Act - Section 85.1 - Subsection 85.1(3) joint contribution of shares of FA to Netherlands co-op in consideration for credits to their respective membership accounts deemed to be for share consideration 55

26 May 2016 IFA Roundtable Q. 10, 2016-0642101C6 - 93.2 & 95(2)(c)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 93.2 - Subsection 93.2(3) s. 95(2)(c) rollover can apply on a dropdown of shares made to an LLC as a contribution of capital rather than for “share” consideration 252
Tax Topics - Income Tax Act - Section 85.1 - Subsection 85.1(3) drop-down of FA shares to non-share FA deemed to be for share consideration 124

Articles

Schwartz, "Tax-Free Reorganizations of Foreign Affiliates", 1984 Canadian Tax Journal, November-December 1984, p. 1039.

Paragraph 95(2)(c.1)

Articles

Firoz Ahmed, Patrick Marley, "Proposed Amendments to Foreign Affiliate Rules", Canadian Current Tax, Vol. 14, No. 8, May 2004, p. 81.

Paragraph 95(2)(d.1)

Articles

Geoffrey S. Turner, "June 2014 Election Deadlines for Retroactive Application of New Foreign Affiliate Reorganization Rules", CCH International Tax, No. 74, February 2014, p. 1.

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Patrick Marley, "Foreign Affiliate Mergers and Liquidations - Navigating Proposed Changes", Canadian Current Tax, Vol. 16, No. 12, September 2006, p. 125.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 88 - Subsection 88(3) 0

Paragraph 95(2)(e)

Administrative Policy

26 January 2018 Internal T.I. 2017-0735771I7 - Application of paragraph 40(3.5)(c)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.5) - Paragraph 40(3.5)(c) - Subparagraph 40(3.5)(c)(i) a suspended loss on the sale of CFA1 to CFA2 was not de-suspended on s. 95(2)(e) wind-up of CFA1 into CFA2 432
Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.5) - Paragraph 40(3.5)(b) scope of s. 40(3.5)(b) extends to mergers and constructive formation of new entities 427

24 March 2004 External T.I. 2003-0034311E5 -

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Words and Phrases
liquidation
Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Provincial Law 68
Tax Topics - General Concepts - Foreign Law Czech liquidation procedure compared to Canadian winding-up procedures 108

Articles

Geoffrey S. Turner, "June 2014 Election Deadlines for Retroactive Application of New Foreign Affiliate Reorganization Rules", CCH International Tax, No. 74, February 2014, p. 1.

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Philippe Montillaud, Grant J. Russell, "Foreign Accrual Tax and Flow-through Entities", International Tax Planning, Volume XVIII, No. 4, 2013, p. 1280

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Paul L. Barnicke, Melanie Huynh, "FA Proposals prompt History Revisit", Canadian Tax Highlights, October 2011.

Schwartz, "Tax-Free Reorganizations of Foreign Affiliates", 1984 Canadian Tax Journal, November-December 1984, p. 1039.

Paragraph 95(2)(e.1)

Administrative Policy

24 November 1999 T.I. 991296

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15 December 1997 T.I. 970771

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Paragraph 95(2)(f)

Administrative Policy

5 June 2018 External T.I. 2017-0738081E5 - Interest exp of foreign affiliate holding company

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Accrual Property Income - A deduction of interest in computing FAPI is discretionary 154

21 November 2017 CTF Roundtable Q. 15, 2017-0724091C6 - Conversion from a US LP to an LLC

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) conversion from LP to LLC a disposition 45

26 April 2017 IFA Roundtable Q. 2, 2017-0691191C6 - Subsection 247(2) and FAPI

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) s. 247(2) not applied to a CFA earning FAPI if the transaction has been vetted under foreign OECD-based transfer pricing rules 100

3 December 2003 External T.I. 2003-005120 -

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16 August 2000 TI 1999 - 000961

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92 C.M.TC - Q.7

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88 C.R. - Q.13

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Articles

Geoffrey S. Turner, "The Reconsidered 95(2)(f), (f.1) and (f.2) Foreign Affiliate Income Computation in Calculating Currency Proposals", International Tax, CCH, December 2007, No. 37, p. 11.

Paragraph 95(2)(f.1)

Articles

Geoffrey S. Turner, "The New 95(2)(f.1) Carve-out Rule – Election Deadline Approaching", International Tax, CCH, 7 January 2010, No. 1974, p. 1.

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Shawn D. Porter, Sandra J. Slaats, "The CARP Rule and Proposed Paragraph 95(2)(f.1)", International Tax Planning, 2009, p. 1024.

Geoffrey S. Turner, "The Reconsidered 95(2)(f), (f.1) and (f.2) Foreign Affiliate Income Computation in Calculating Currency Proposals", International Tax, CCH, December 2007, No. 37, p. 11.

Paragraph 95(2)(f.14)

Administrative Policy

27 March 2018 Internal T.I. 2015-0592551I7 - Excluded property status of partnership interest

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property partnership interests no longer were excluded property on dissolution given prior disposition of s. 95(2)(a)(ii) loans 501
Tax Topics - Income Tax Regulations - Regulation 5908 - Subsection 5908(10) partnership interests no longer were excluded property on dissolution given prior disposition of s. 95(2)(a)(ii) loans/potential qualification of partnership interest under para. (c) ignored 289
Tax Topics - Income Tax Regulations - Regulation 5903 - Subsection 5903(5) - Paragraph 5903(5)(b) foreign affiliate parent cannot carry back FAPLs generated by wound-up foreign affiliate 371
Tax Topics - Income Tax Act - Section 96 Icelandic Sameignarfelag was partnership 167
Tax Topics - Income Tax Act - Section 98 - Subsection 98(2) partnership interest disposition occurred no sooner than final distribution date 77

9 July 2015 External T.I. 2013-0475421E5 - Section 94.2

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(2.1) potential relief from penalties where insufficient data for computing FAPI 183
Tax Topics - Income Tax Act - Section 233.5 potential relief from penalties where insufficient data for computing FAPI 183
Tax Topics - Income Tax Act - Section 94.2 - Subsection 94.2(2) deemed CFA unit trust sub of a FI subject to mark-to-market rules 170

Paragraph 95(2)(g)

Administrative Policy

16 August 2000 TI 1999 - 000961

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Articles

Nikolakakis, "Foreign Exchange Fluctuations: Comprehensive Rules are Needed", Corporate Finance, Vol. V, No. 1, 1997, p. 342

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Paragraph 95(2)(g.1)

Administrative Policy

30 August 2004 External T.I. 2003-000135 -

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5 December 2003 External T.I. 2002-0165195

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Articles

Mark Coleman, Daniel A. Bellefontaine, "Forgiveness, Foreign Affiliates and FAPI: a Framework", Resource Sector Taxation (Federated Press), Vol. X, No. 1, 2015, p.694

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Gordon Funt, Joel A. Nitikman, "FAPI and Debt Forgiveness - Now You See It, Now You Don't", CCH Tax Topics, No. 1724, 24 March 2005.

Melanie Huynh, Eric Lockwood, "Foreign Accrual Property Income: A Practical Perspective", International Tax Planning, 2000 Canadian Tax Journal, Vol. 48, No. 3, p. 752.

Paragraph 95(2)(i)

Administrative Policy

28 May 2015 IFA Roundtable Q. 9, 2015-0581581C6 - IFA 2015 Q.9: 95(2)(i): "proceeds"

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27 April 2015 Internal T.I. 2014-0546641I7 - Foreign exchange on a debt arising on reduction of capital

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22 May 2014 May IFA Roundtable, 2014-0526771C6 - Application of paragraph 95(2)(i)

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2012 Ruling 2010-0386201R3 - Tower structure capitalized by interest-free loans

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(g) - Subparagraph 40(2)(g)(ii) unwinding of tower where LLC and ULC funded with non-interest bearing U.S. dollar loans - Byram applied 832

30 March 1988 T.I. 95-5293 [proceeds of sale must be applied with due dispatch]

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Paragraph 95(2)(k)

Administrative Policy

5 November 2015 Internal T.I. 2015-0585381I7 - Paragraph 95(2)(k) - Fresh Start Rules

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31 July 2014 Internal T.I. 2014-0536581I7 - Foreign affiliate fresh start rules

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Articles

Grant Russell, Philippe Montillaud, "'Fresh Start' Rules – on Becoming an Affiliate", , International Tax Planning (Federated Press), Vol. XX, No.2, 2015, p. 1392

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Paul Barnicke, Melanie Huynh, "Fresh-Start FA Rules", Canadian Tax Highlights, Vol. 22, No., 12, December 2014, p. 7.

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Jerry Mahnger, Susan McKilligan, "The Foreign Affiliate Fresh Start Rules", 2009 Canadian Tax Journal, No. 2

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Melanie Huynh, Eric Lockwood, "Foreign Accrual Property Income: A Practical Perspective", International Tax Planning, 2000 Canadian Tax Journal, Vol. 48, No. 3, p. 752.

Atlas, "Transitional Issues still Cloud Application of New Fapi Rules", Tax Topics, May 8, 1997, No. 1313, p. 1

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Paragraph 95(2)(l)

See Also

Loblaw Financial Holdings Inc. v. The Queen, 2018 TCC 182

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1.11) requirement met where Crown knew the nature and quantum of the dispute 259
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Bank CFA qualified as a foreign bank since it was licensed under Barbados law as an international bank 117
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (a) Barbados-licensed international bank, which used Loblaw funding to invest responsively to Loblaw considerations, conducted an offside non-arm’s length business 425
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (c) employee equivalents was reduced by employee time described in s. 95(2)(b) 284
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange short-term debt securities were inventory because they were the raw material for generating swap income 124
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.01) - Paragraph 152(4.01)(a) - Subparagraph 152(4.01)(a)(ii) GAAR is generally a separate matter rather than being subsumed in the allegedly-misused substantive provision 194
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) application of GAAR required the occurrence of an avoidance transaction (or series) in non-statute-barred years and the relevant previous year’s avoidance transaction did not occur as part of the series 496
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) hiring of employees 15-years previously to engage foreign bank exception to investment business definition was not part of same series as renewal of foreign bank licence 216
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) use of Barbados sub to engage in proprietary trading for Canadian parent misused the foreign bank exemption, whose purpose was promoting international competitiveness 322

Articles

Chapman, "Foreign Affiliate Amendments: Three Strikes and you are Done", 1995 Canadian Tax Journal, Vol. 43, No. 2, p. 433.

Jack, "The Foreign Affiliate Rules: The 1995 Amendments", 1995 Canadian Tax Journal, Vol. 43, No. 2, p. 347

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(6) 6

Finance

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Subparagraph 95(2)(l)(iii)

See Also

CIT Group Securities (Canada) Inc. v. The Queen, 2016 TCC 163, 2017 TCC 86

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Words and Phrases
financial service
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Bank no requirement to be regulated as a bank 239
Tax Topics - General Concepts - Evidence hearsay evidence could support expert opinion 114

Paragraph 95(2)(m)

Administrative Policy

12 July 2013 External T.I. 2011-0415911E5 - FA held through partnership -– 95(2)(m) & 95(2)(y)

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Paragraph 95(2)(n)

Articles

Angelo Nikolakakis, "Lehigh Cement Limited v. The Queen – A Bridge Too FAAAR", International Tax Planning, Volume XIX, No. 1, 2013, p. 1284

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Subsection 95(2.5) - Definitions for paragraph (2)(a.3)

Excluded Income

Administrative Policy

Edward A. Heakes, "Another Wave of Foreign Affiliate Proposals", International Tax Planning, Volume XVIII, No. 4, 2013, p. 1275

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Indebtedness

Administrative Policy

20 January 1997 T.I. 963269

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Specified Deposit

Administrative Policy

5 July 1995 T.I. 951478 (C.T.O. "6363-1 Foreign Affiliates - Specified Deposit")

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Subsection 95(3)

Administrative Policy

14 September 2001 Comfort Letter

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26 June 1991 T.I. (Tax Window, No. 4, p. 4, ¶1318)

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Paragraph 95(3)(b)

Administrative Policy

1 February 2018 Internal T.I. 2016-0671921I7 - R&D Services - 95(2)(b) vs 247(2) & 95(3)(b), (d)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(b) - Subparagraph 95(2)(b)(i) - Clause 95(2)(b)(i)(A) provision of services for fee by CFA to Canco on arm’s length terms did not oust s. 95(2)(b)(i)(A) 163
Tax Topics - Income Tax Act - Section 95 - Subsection 95(3) - Paragraph 95(3)(d) R&D services of CFAs not part of M&P process 180
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(1.3) - Paragraph 5907(1.3)(a) overview of FAT rules re consolidated US return with R&D credit 387

13 January 2015 Internal T.I. 2013-0497361I7 F - Services performed by a foreign affiliate

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Words and Phrases
in connection with
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(3) - Paragraph 95(3)(d) prototype testing services not manufacturing 116

Paragraph 95(3)(d)

Administrative Policy

1 February 2018 Internal T.I. 2016-0671921I7 - R&D Services - 95(2)(b) vs 247(2) & 95(3)(b), (d)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(b) - Subparagraph 95(2)(b)(i) - Clause 95(2)(b)(i)(A) provision of services for fee by CFA to Canco on arm’s length terms did not oust s. 95(2)(b)(i)(A) 163
Tax Topics - Income Tax Act - Section 95 - Subsection 95(3) - Paragraph 95(3)(b) R&D services of CFAs not immediately related to the sale of goods by Canco 203
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(1.3) - Paragraph 5907(1.3)(a) overview of FAT rules re consolidated US return with R&D credit 387

13 January 2015 Internal T.I. 2013-0497361I7 F - Services performed by a foreign affiliate

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(3) - Paragraph 95(3)(b) prototype testing services not directly related to sales of improved product 171

Subsection 95(3.1) - Designated property — subparagraph (2)(a.1)(i)

Subsection 95(4) - Definitions

Direct Equity Percentage

Administrative Policy

2010 Ruling 2010-0373801R3 - Conversion from a BV to a DC

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 85.1 - Subsection 85.1(3) 44
Tax Topics - Income Tax Act - Section 86 - Subsection 86(1) exchange of shares in Netherlands BV for membership interests in Dutch coop qualified under s. 86 139
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share membership interest in Dutch coop a share 131
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition conversion of Netherlands BV to Dutch co-op 89

25 November 1998 T.I. 981001

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Eligible Controlled Foreign Affiliate

Finance

16 May 2018 IFA Finance Roundtable, Q.8

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Participating Percentage deemed nil percentage produce anomalous results under RCB rules 124

Subsection 95(6) - Where rights or shares issued, acquired or disposed of to avoid tax

Administrative Policy

Income Tax Technical News, No. 36 "Paragraph 95(6)(b)"

18 March 1999 T.I. 990312

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Articles

Jack, "The Foreign Affiliate Rules: The 1995 Amendments", 1995 Canadian Tax Journal, Vol. 43, No. 2, p. 347

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Paragraph 95(6)(b)

Cases

Canada v. Lehigh Cement Limited, 2014 DTC 5058 [at 6849], 2014 FCA 103, aff'g 2013 DTC 1139 [at 740], 2013 TCC 176

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Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Consistency restricting of anti-avoidance rule to avoid arbitrary application 152
Tax Topics - Statutory Interpretation - Headings provision not in Tax Avoidance Part of Act 137

See Also

Univar Canada Ltd. v. The Queen, 2005 DTC 1478, 2005 TCC 723

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Administrative Policy

11 April 2017 Internal T.I. 2016-0670541I7 - Foreign affiliate share redemption

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 90 - Subsection 90(2) portion of proceeds paid on a redemption might be respected as a dividend (subject to s. 95(6)) if this is clearly indicated in accordance with Barbados law 289
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Dividend redemption proceeds might in part be a dividend under Barbados law 131

2 December 2014 CTF Roundtable, Q. 9

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22 May 2014 May IFA Roundtable, 2014-0526761C6 - Foreign affiliate share acquisition or disposition

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8 February 2006 External T.I. 2004-0064811E5 - Subsection 15(2)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.3) debt does not include a loan 255

Income Tax Technical News, No. 36, 27 July 2007.

21 May 1996 T.I. 9526865

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Articles

Angelo Nikolakakis, "Lehigh Cement Limited v. The Queen – A Bridge Too FAAAR", International Tax Planning, Volume XIX, No. 1, 2013, p. 1284

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Nathan Boidman, "The Troubling Effects for Canadian MNEs of the Decision in Lehigh", Tax Notes International, 17 June 2013, p. 1211

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Elizabeth J. Johnson, "CRA's Latest Views on Paragraph 95(6)(b) Foreign Affiliate Anti-Avoidance Rule: Reflections", International Tax, CCH, October 2007, No. 36, p. 6.

Elizabeth J. Johnson, Geneviève C. Lille, James R. Wilson, "A Recent Response to the CRA's View on the Scope and Interpretation of Paragraph 95(6)(b)", 2006 Canadian Tax Journal, Vol. 54, No. 3, p. 571.

Subsection 95(9)

Articles

Nathan Boidman, "Canada Targets Conduits and Tracking Shares", Tax Notes International, September 17, 2018, p. 1223

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(12) 450

Subsection 95(12)

Articles

Nathan Boidman, "Canada Targets Conduits and Tracking Shares", Tax Notes International, September 17, 2018, p. 1223

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(9) 131

Joint Committee, "July 27, 2018 Legislative Proposals", 10 September 2018 Submission

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