Words and Phrases - "derived"

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Exxonmobil Canada Ltd. v. The Queen, 2019 TCC 108

Summary Under
Tax Topics - Income Tax Regulations - Regulation 1204 - Subsection 1204(3) - Paragraph 1204(3)(a)
income not derived from transporting if no actual revenues therefrom

Crude pumped from an undersea oil reservoir of the Hibernia joint venture up to the “Hibernia Platform” above the ocean surface was...

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Words and Phrases
derived

Apex City Homes Limited Partnership v. The Queen, 2018 TCC 247 (Informal Procedure)

Summary Under
Tax Topics - Income Tax Regulations - Regulation 238 - Subsection 238(2)
business of contracting out condos’ construction, and then selling them, was caught

The appellant (Apex) was a limited partnership that developed and sold the residential condominiums in a particular Calgary condominium project,...

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Words and Phrases
derived

Resource Capital Fund IV LP v Commissioner of Taxation, [2018] FCA 41 (Federal Court of Australia), rev'd on various grounds [2019] FCAFC 51

Summary Under
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

Two Caymans investment LPs (“RCF IV” and RCF V”) whose limited partners were mostly U.S. residents, realized gains from the disposal of...

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Words and Phrases
directly or indirectly derived

Jack Silverson, Bill Corcoran, "Issues Affecting Investments by Canadian Pension Plans in Private Equity, Infrastructure and Real Estate in Canada, the USA and Europe", 2016 Conference Report (Canadian Tax Foundation),15:1-40

Summary Under
Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(o.2) - Subparagraph 149(1)(o.2)(iii)

Interpretation of 10% limit in PBSA Regulations, Sched. III, s. 9(1) (“10% Rule”) (pp. 15:4-6)

The purpose of the 10 percent rule was also...

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Words and Phrases
derived

Kemp v. MNR, [1947] CTC 343, 3 DTC 1078, [1946-1948] DTC 1078 (Ex Ct)

Summary Under
Tax Topics - Income Tax Act - Section 108 - Subsection 108(5) - Paragraph 108(5)(a)
trust distribution of prior years`accumulated bond interest was income of beneficiary derived from such bonds

In the years in question, the only revenues of a testamentary trust were from non-exempt sources. However, the trustees made distributions to the...

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Words and Phrases
derived

1 March 2017 External T.I. 2016-0658431E5 - Article XIII of Canada-U.S. Convention

Summary Under
Tax Topics - Treaties - Income Tax Conventions - Article 13
test of a real property security under the Canada-U.S. Treaty is a point-in-time test

Are shares or trust interests in a resident corporation or trust considered to derive their value principally from real property situated in...

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Words and Phrases
derived

Jared A. Mackey, "Canada Revenue Agency Views on Taxable Canadian Property Determinations Involving Subsidiaries", Tax Topics (Wolters Kluwer), No. 2315, July 21, 2016 p. 1

Summary Under
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Taxable Canadian Property - Paragraph (d)

Proportionate value approach to determining what portion of equity is Canadian real/resource property (“CRP”) (p. 2)

If a subsidiary's shares...

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Words and Phrases
derived

Garcia v. The Queen, 2007 DTC 1593, 2007 TCC 548 (Informal Procedure)

Summary Under
Tax Topics - Treaties - Income Tax Conventions - Article 15
"derived" referred to geographic source

A bonus received in 2003 by the taxpayer when he was a resident of Canada was taxable in Canada, notwithstanding that the bonus was earned in 2002...

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Words and Phrases
derived

Westar Mining Ltd.v. The Queen, 92 DTC 6358, [1992] 2 CTC 11 (FCA)

Summary Under
Tax Topics - Income Tax Regulations - Regulation 402 - Subsection 402(4)

Before going on to find that business interruption insurance proceeds were "income derived from the operation of a mine" for purposes of ITAR...

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Words and Phrases
derived

Commissioners of Taxation v. Kirk, [1900] A.C. 588 (PC)

Summary Under
Tax Topics - Income Tax Regulations - Regulation 402 - Subsection 402(3)

Two mining companies that mined crude ore in New South Wales and (for the most part) also processed the crude ore there, but made contracts for...

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Words and Phrases
derived

MNR v. Hollinger North Shore Exploration Co., 63 DTC 1031 (SCC)

Summary Under
Tax Topics - Income Tax Regulations - Regulation 402 - Subsection 402(4)
royalty received from mine licensee was derived from operation of mine

In accepting the taxpayer's submission that royalties (calculated as apercentage of sales proceeds) received by it from the licensee of its...

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Words and Phrases
derived

Gilhooly v. MNR, [1945] CTC 203, [1941-1946] DTC 725 (Ex Ct)

Summary Under
Tax Topics - Income Tax Act - Section 108 - Subsection 108(5) - Paragraph 108(5)(a)
mining company dividends paid to estate gave rise in income beneficiary`s hands to income derived from mining

An estate received a portion of its income as dividends from a Canadian mining company and paid a portion of its income to the taxpayer, who had a...

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Words and Phrases
derived