Section 197

Subsection 197(1) - Definitions

Non-Portfolio Earnings

Administrative Policy

10 January 2011 External T.I. 2010-0377081E5 - Meaning of non-portfolio earnings

Where a SIFT holds all the shares of a foreign affiliate, and the SIFT's only transactions with the foreign affiliate are loans to the foreign...

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SIFT Partnership

Administrative Policy

2024 Ruling 2023-0997921R3 - Code 3 - XXXXXXXXXX SIFT Ruling Request

A REIT (i.e., a listed unit trust qualifying as a REIT for ITA purposes) indirectly purchased a property from a Canadian-resident tax-exempt...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 122.1 - Subsection 122.1(1) - Investment - Paragraph (a) - Subparagraph (a)ii) exchangeable preferred units of sub LP of REIT did not replicate return on REIT units 728
Tax Topics - Income Tax Act - Section 104 - Subsection 104(7.1) same proportionate taxable income allocation on sub LP exchangeable units avoided circumvention of s. 104(7.1) 121

Subsection 197(2) - Tax on partnership income

Articles

Colin Campbell, "Libility for the Tax on SIFT Partnerships: A Rejoinder", 2011 Canadian Tax Journal, Vol 59, p. 709

Suggests that the phrase "liable to" can create a liability to tax; and that, in any event, the creation of liability to tax, viewed as merely an...

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Brian Bloom, Brandon Wiener, "Has Parliament Failed To Charge the 'Tax on SIFT Partnerships?", 2011 Canadian Tax Journal, Vol 59, p. 1

The "liable to" wording of s. 197(2) fails to create an immediate obligation to pay the SIFT tax because it does not specify that such tax is to...

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