Cases
Royal Bank of Canada v Commissioners for His Majesty's Revenue and Customs, [2023] EWCA Civ 695
A Canadian corporation (“Sulpetro”), which had rights to direct and receive the proceeds from a licence its U.K. subsidiary (“SUKL”) held...
Locations of other summaries | Wordcount | |
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Tax Topics - Treaties - Income Tax Conventions - Article 12 | reference to IP royalties does not extend to someone who has no interest in the IP | 165 |
Tax Topics - Treaties - Income Tax Conventions | French version relevant to interpretation | 28 |
Placrefid Ltd. v. The Queen, 92 DTC 6480, [1992] 2 CTC 198 (FCTD)
A Canadian mortgagee of a Montreal property whose owner was in default granted the taxpayer, a non-resident corporation, an option to purchase...
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Tax Topics - Treaties - Income Tax Conventions - Article 4 | 58 |
The Queen v. Arnos, 82 DTC 6165, [1982] CTC 186 (FCA)
Since "recaptures of capital cost allowances are of the same nature as the revenue from the property in respect of which the capital cost...
See Also
Marin v. The Queen, 2022 TCC 49
Regarding a resident individual, who was assessed for Canadian income tax on income derived by him from a rental property in France, Lafleur J...
Locations of other summaries | Wordcount | |
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Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | taxes for which FTC accorded must be imposed on the income which generates the Canadian taxes from which the credit is claimed | 451 |
Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | FTC domestic and Treaty provisions are applied re the particular year in which the subject income was earned | 193 |
Tax Topics - Treaties - Income Tax Conventions - Article 24 | Art. 23 of French Treaty inapplicable where income of a particular taxation year was not otherwise taxed twice | 246 |
Resource Capital Fund IV LP v Commissioner of Taxation, [2018] FCA 41 (Federal Court of Australia), rev'd on various grounds [2019] FCAFC 51
Art. VI of the Australia-U.S. Convention defined real property to include “rights to exploit or to explore for natural resources.” In...
Locations of other summaries | Wordcount | |
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Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | private equity fund LP with 5-year holding objective realized share gain on income account | 175 |
Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) | gains of a NR PE fund from disposals of Australian share investments that were managed in part in Australia were derived from Australia | 427 |
Tax Topics - Treaties - Income Tax Conventions - Article 3 | each U.S.-resident partner of a Caymans PE LP carried on a U.S. “enterprise” | 234 |
Tax Topics - Treaties - Income Tax Conventions - Article 13 | exclusion in Art. 13 of Aust.-U.S. Treaty for real property dispositions extended to shares of Australian holding company holding mining leases through grandchild | 420 |
Tax Topics - General Concepts - Stare Decisis | lower court not bound by a point of law that was assumed rather than examined by a higher court | 292 |
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) | assessment of partnership was assessment of partners | 89 |
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxable Canadian Property - Paragraph (d) | shares of lithium mining and processing company were derived principally from the processing rather than mining operation and, thus, were not taxable Australian real property | 514 |
Tax Topics - Income Tax Act - Section 218.3 - Subsection 218.3(1) - Canadian Property Mutual Fund Investment | shares of Australian mining company were primarily attributable to the processing rather than mining operations | 142 |
Tax Topics - General Concepts - Fair Market Value - Other | processing assets of mining company were more valuable than its mining assets | 238 |
Administrative Policy
23 January 2015 External T.I. 2013-0509771E5 - Oil & gas payments made to U.S. resident
Mr. A, a U.S. resident, grants the right to drill for or take the oil & gas from his Canadian freehold property to a Canadian company, in...
Locations of other summaries | Wordcount | |
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Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(iii.1) | negative CCDE pool for non-resident individual | 176 |
Tax Topics - Income Tax Act - Section 66.4 - Subsection 66.4(5) - F | FMV addition and subtraction where drilling rights are granted for royalty | 143 |
Tax Topics - Income Tax Regulations - Regulation 805 | application to resource royalties | 252 |
Tax Topics - Treaties - Income Tax Conventions - Article 12 | non-application of Art. 12 of US Treaty to resource royalties | 142 |
1 February 2012 External T.I. 2011-0431571E5 - Canadian resource royalty received by US resident
oil royalty payments are covered by Art. VI, para. 2 of the Canada-US Convention ("amounts computed by reference to the amount or value of...
Locations of other summaries | Wordcount | |
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Tax Topics - Treaties - Income Tax Conventions - Article 12 | 53 |