Cases
See Also
Burton v Commissioner of Taxation, [2019] FCAFC 141
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| Tax Topics - Income Tax Act - Section 91 - Subsection 91(4) | credit “in respect of” income only included the taxable ½ of capital gain | 183 |
Burton v Commissioner of Taxation, [2018] FCA 1857, aff'd [2019] FCAFC 141
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | a foreign tax credit was reduced by ½ when only ½ of a capital gain was brought into income | 194 |
Satyam Computer Services Limited v Commissioner of Taxation, [2018] FCAFC 172
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| Tax Topics - Treaties - Income Tax Conventions | wording of Treaty sourcing rule had the effect of expanding scope of domestic provision | 243 |
Commissioner of Inland Revenue v. Lin, [2018] NZCA 38
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Arsove v. The Queen, 2016 TCC 283 (Informal Procedure)
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | no credit for U.S. taxes which should have been imposed but were not | 373 |
Société générale valeurs mobilières inc. v. The Queen, 2016 TCC 131, aff'd 2017 FCA 3
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| Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) | foreign source interest reduced by related expenses | 390 |
| Tax Topics - Treaties | OECD commentaries applied to Brazil (not an OECD member) | 209 |
Anson v. HMRC, [2015] UKSC 44
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation | profits of LLC earned directly by members | 36 |
| Tax Topics - Treaties - Income Tax Conventions - Article 3 | scheme in Treaty article for allocating income between jurisdictions amounted to a definition of "source" | 76 |
| Tax Topics - Treaties - Income Tax Conventions - Article 4 | pragmatic approach to determining "same" - also appearing in IV,7(b) of Cda-US Treaty | 130 |
HMRC v. Anson, [2013] EWCA Civ 63, rev'd supra
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation | LLC not fiscally transparent | 422 |
FLSmidth Ltd. v. The Queen, 2012 DTC 1052 [at 2745], 2012 TCC 3, aff'd 2013 DTC 5118 [at 6147], 2013 FCA 160
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| Tax Topics - Income Tax Act - Section 16 - Subsection 16(1) | regard to economic substance | 132 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | 277 | |
| Tax Topics - Income Tax Act - Section 68 | 132 | |
| Tax Topics - Statutory Interpretation - Interpretation Bulletins, etc. | 32 |
Meyer v. The Queen, 2004 DTC 2393, 2004 TCC 199 (Informal Procedure)
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | amount paid in error not a tax | 127 |
| Tax Topics - Treaties - Income Tax Conventions - Article 26 | 81 |
Administrative Policy
13 April 2017 External T.I. 2015-0601781E5 - U.S. tax paid in respect of an LLC's income
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | Post-Anson, no credit for U.S. taxes paid by a Canadian member on undistributed LLC income | 193 |
3 February 2016 External T.I. 2014-0548111E5 - U.S. tax paid in respect of an LLC's income
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| Tax Topics - Income Tax Act - Section 88 - Subsection 88(3) - Paragraph 88(3)(d) | no deemed dividend | 124 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | LLC tax paid by Cdn member not re business | 163 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | only income was taxable capital gains | 131 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | s. 20(14) deduction for US operating-income taxes imposed on Cdn LLC member even where his only Cdn income from LLC is taxable capital gain | 418 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | FTC for US operating-income taxes imposed on Cdn LLC member even where his only Cdn income from LLC is taxable capital gain | 316 |
[U.K] Revenue and Customs Brief 15 (2015): HMRC response to the Supreme Court decision in George Anson v HMRC (2015) UKSC 44 25 September 2015
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation | Anson specific to its facts | 104 |
23 July 2014 Internal T.I. 2014-0525231I7 - Foreign tax credit
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | s. 40(3) gain had Cdn source/foreign tax not a "tax" if no refund sought | 408 |
| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | foreign tax not a "tax" if no refund sought | 190 |
16 June 2014 Internal T.I. 2014-0525961I7 - ON Tax and Brazilian Tax Sparing
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| Tax Topics - Other Legislation/Constitution - Ontario - Taxation Act 2007 - Subsection 34(1) | Brazilian tax-sparing rules operate independently of s. 126 so that they do not generate an Ontario FTC | 217 |
13 January 2014 External T.I. 2013-0512581E5 - Sale of shares of Brazilian corporation
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10 June 2013 STEP CRA Roundtable, 2013-0480301C6 - 2013 STEP CRA Roundtable Question 4
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | 113 |
5 November 2012 Internal T.I. 2012-0462151I7 - Foreign Tax Credits
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(6) - Paragraph 126(6)(c) | 291 |
6 July 2012 Internal T.I. 2012-0453461I7 F - rental losses Canada-France Treaty
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| Tax Topics - Income Tax Act - Section 3 - Business Source/Reasonable Expectation of Profit | no requirement to establish reasonable expectation of profit re deducting loss from French rental property if no personal element | 94 |
11 May 2012 External T.I. 2011-0428791E5 - Foreign Tax Credit
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Business-Income Tax | 104 |
15 March 2004 External T.I. 2003-002265 -
20 February 2003 External T.I. 2002-014360 -
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | 158 |
20 February 2003 External T.I. 2002-0143605 - Deductions-US Citizens resident in Canada
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19 October 1998 Memo 8M18146
3 March 1997 Memorandum 964132
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(11) | 16 |
1995 Alberta CICA Round Table, Q. 13 (C.T.O. "U.S. Alternative Minimum Tax")
Articles
Brian J. Arnold, "The Relationship between Controlled Foreign Corporation Rules and Tax Sparing Provisions in Tax Treaties: A New Zealand Case", Bulletin for International Taxation July 2018, p. 430
Manjit Singh, Andrew Spiro, "The Canadian Treatment of Foreign Taxes", 2014 Conference Report, (Canadian Tax Foundation), 22:1-37
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Kevyn Nightingale, "The Net Investment Income Tax: How it applies to U.S. Citizens Abroad", International Tax, No. 73, December 2013, p. 9.
Tremblay, "Foreign Tax Credit Planning", 1993 Corporate Management Tax Conference Report, c. 3.
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(2) | 0 |