Words and Phrases - "substantially all"
3 December 2024 CTF Roundtable, Q.4
Among the requirements in para. (c) of the definition of “excluded entity” in s. 18.2 is that “all or substantially all of the businesses...
2 November 2023 APFF Roundtable Q. 3, 2023-0984441C6 F - Qualified small business corporation share - meaning of "all or substantially all" and "asset"
An individual holds the common shares of Holdco having an FMV of $1 million, and Holdco’s only asset is the common shares of Opco, also with an...
Ressources Eastmain Inc. v. Agence du revenu du Québec, 2021 QCCQ 4379
The taxpayer was a micro-cap junior exploration company devoted to two projects in northern Quebec. For the four taxation years in issue (2007 to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Current expense vs. capital acquisition | annual expenditures on core sample boxes and racks were capital expenditures, whereas those on dirt berms were currently deductible | 302 |
| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (k.1) | annual expenditures on core sample boxes and racks were excluded under para. (k.1) | 105 |
| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (f) | geology course for an employee was necessary to exploration and resource identification | 173 |
13 June 2007 External T.I. 2007-0226261E5 F - Convention Émirats Arabes Unis
Canco incorporated a wholly-owned subsidiary in Dubai, in the United Arab Emirates (Dubai Co), whose management and control, and the sole...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 3 | undefined term in Convention informed by its domestic interpretation by CRA | 36 |
| Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(11.2) - Paragraph 5907(11.2)(a) | FA required to have its central management and control in the Treaty country in addition to satisfying the Treaty residence test | 251 |
Atlantic Packaging Products Ltd. v. Canada, 2020 FCA 75
The taxpayer, a paper products manufacturer, engaged in a hybrid transaction in which it sold some of the assets of its “Tissue Division”...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Machinery and Equipment | the number and frequency of similar dispositions of depreciable property was relevant to capital account treatment | 341 |
| Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 27 - Subsection 27(1.3) | raising of new issue would prejudice the Crown | 222 |
Frequently asked questions - Canada emergency wage subsidy (CEWS) CRA Webpage 24 September 2021
Examples of application of the special elective rule to use the qualifying revenues of NAL persons to determine reduction in qualifying...
5 November 2010 External T.I. 2010-0383871E5 F - Crédit d'impôt pour emploi à l'étranger
Before employees go abroad to perform under the contract, they must work in Quebec to prepare and ship the equipment needed for the work to be...
12 December 2018 External T.I. 2017-0718661E5 - Private health services plan
The purpose of a Blue Cross and Blue Shield insurance plan (XXXXXXXXXX Blue Cross plan is to reimburse an employee for certain medical and health...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) - Subparagraph 6(1)(a)(i) | coverage for U.S. expenses of METC type generally eligible | 115 |
Atlantic Packaging Products Ltd. Atlantic Produits D'Emballage Ltée v. The Queen, 2018 TCC 183, aff'd 2020 FCA 75
The taxpayer was a paper products manufacturer. One of its five divisions was its Tissue Division which focused on the manufacturing and sale of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) | prior filing positions contradicted position that tissue division was separate business | 437 |
Kenny v. The Queen, 2018 TCC 2 (Informal Procedure)
In 2014, the taxpayer, who was an Irish national and resident, earned $32,728.52 in employment income from working in Fort McMurray, Canada for a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 25 | s. 118.94 did not violate non-discrimination-against-nationals Art. in Canada-Irish Treaty | 230 |
11 October 2013 APFF Roundtable, 2013-0495631C6 F - Actions admissibles de petites entreprises
Must the 90% level always be attained before the "substantially all" test is satisfied? CRA stated:
According to the jurisprudence, the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share | failure to satisfy the 50% test for even a moment in time will disqualify | 135 |
Keefe v. The Queen, 2003 DTC 1526, 2003 TCC 791 (Informal Procedure)
The taxpayer, who was the principal of a family company that was engaged in the supply and installation of commercial floor coverings, used a...
Imapro Corp. v. The Queen, 92 DTC 6487, [1992] 2 CTC 298 (FCTD)
47.3% of a multi-purpose building which was constructed for a computer graphics corporation was used exclusively by it for scientific research....
Benson v. Third Canadian Investment Trust Ltd. (1993), 14 OR (3d.) 493 (Ont. Ct. (G.D.))
Farley J. found that the sale pursuant to a share exchange offer for the direct and indirect shareholding of a closed-end investment company...
Hasbro Canada Inc. v. The Queen, 98 DTC 2129, [1999] 1 CTC 2512 (TCC)
The taxpayer, which was a Canadian manufacturer and distributer of toys in Canada, paid fixed commissions expressed as a percentage of the...
Watts v. The Queen, 2004 DTC 3111, 2004 TCC 535 (Informal Procedure)
The taxpayer, who received approximately 80% of his income in the form of Public Service Management Insurance Plan disability payments, was found...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(a) | 77 | |
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(f) | 77 |
Reluxicorp Inc. v. The Queen, [2011] GSTC 138, 2011 TCC 336
The registrant was a hotel company that paid franchise fees to a hotel franchise ("Marriott") in the United States. Marriott's fees were based on...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 169 - Subsection 169(1) | allocation based on relative exempt and taxable revenues | 136 |
| Tax Topics - Excise Tax Act - Section 217 - Imported Taxable Supply | 173 | |
| Tax Topics - Excise Tax Act - Section 298 - Subsection 298(4) - Paragraph 298(4)(a) | 116 |