Words and Phrases - "apply"
14 March 2003 Internal T.I. 2003-0182977 F - 40(3.5)(c)
deeming rule in s. 40(5)(c) applies for purposes of the preconditions in s. 40(3.3) as to whether s. 40(3.4) applies
Where a public corporation ("Parentco") holding shares of a public corporation ("Subco") with an accrued loss, sells the shares to a...
Words and Phrases
apply| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.5) | 111 |
7 October 2011 Roundtable, 2011-0412121C6 F - Interaction between S. 84.1 and S. 85(2.1)
s. 84.1 can "apply" and thereby prevail over s. 85(2.1) even where there is no s. 84.1 grind
Where shares with a high PUC and low ACB are transferred by an individual under s. 85(1) to Holdco for shares with the same high-low attributes,...
Words and Phrases
apply| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 85 - Subsection 85(2.1) | s. 85(2.1) does not apply where s. 84.1(1) applies even if there is no grind under the s. 84.1(1)(a) formula | 166 |
Canada v. Cascades Inc., 2009 DTC 6122, 2009 FCA 135
"apply" does not mean "triggered results under"
The trial judge had found that the stop-loss rule in s. 40(3.4) did not apply to the disposition by the taxpayer of shares of a subsidiary ("PII")...
Words and Phrases
applyCollins & Aikman Products Co. v. The Queen, 2009 DTC 1179 [at 958], 2009 TCC 299, aff'd 2010 DTC 5164 [at 7293], 2010 FCA 251
limited scope of PUC provisions reflected a policy choice
The taxpayer ("Products"), which was a corporation resident in the U.S., transferred the shares of its subsidiary ("CAHL"), which was non-resident...
Words and Phrases
apply| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Payment & Receipt | payment by direction | 142 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1.12) | 190 | |
| Tax Topics - Statutory Interpretation - Retroactivity/Retrospectivity | 72 |