Words and Phrases - "beneficial owner"
Ellison v Sandini Pty Ltd, [2018] FCAFC 44
Summary Under
Tax Topics - General Concepts - Ownershipfamily court order requiring the transfer of a portion of a larger bloc of shares likely did not result in a change in their beneficial ownership as the shares likely were not fungible
On September 21, 2010 the Australian Family Court made orders by consent between Mr and Ms Ellison that joined Sandini Pty Ltd (“Sandini”) as...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | family court order did not effect a change in beneficial ownership of a larger bloc of shares held by the original owner (and in any event, the order named the wrong person) | 768 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(1) - Paragraph 73(1)(b) | subjective belief of parties that family court orders were efficacious did establish that a share transfer to a spouse occurred “because of” them | 419 |
| Tax Topics - General Concepts - Evidence | a court order could not be interpreted in light of extrinsic evidence | 102 |
Minister of National Revenue v. Trans-Canada Investment Corporation Ltd., 55 DTC 1191, [1955] CTC 275, [1956] S.C.R. 49
dividend-received deduction flowed through an investment trust
The respondent bought shares in Canadian corporations and endorsed them to a trustee who in turn issued investment certificates to the respondent,...
Words and Phrases
beneficial owner| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | double (or triple) taxation may be intended | 83 |
| Tax Topics - Statutory Interpretation - Expressio Unius est Exclusio Alterius | 39 |
Strachan v. The Queen, 2014 DTC 1025 [at at 2645], 2013 TCC 362
Summary Under
Tax Topics - General Concepts - Ownershipbeneficial ownership of dividends
In finding that the taxpayer's husband was the beneficial owner of two shares initially issued by a corporation, Rip CJ stated (at para. 23):
Mr....
Words and Phrases
beneficial owner| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | shares issued from spouse's private corporation | 135 |
568864 B.C. Ltd. v. The Queen, 2014 TCC 373
Summary Under
Tax Topics - General Concepts - Ownershipbeneficial ownership in patents
The taxpayer - which was a member of group of companies that included a producer of exterior trim boards for construction ("W.L.") – earned...
Words and Phrases
beneficial owner| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 79.1 - Subsection 79.1(2) | beneficial ownership in patents | 434 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | patents were acquired for future joint venture use | 202 |
Alberta Power (2000) Ltd. v. The Queen, 2009 DTC 1514, 2009 TCC 412
Summary Under
Tax Topics - General Concepts - Ownershipperson with the benefits and burdens of ownership was the beneficial owner
Although the taxpayer ("ATCO") continued to be the legal owner of a plant, the effect of the agreements between it and the Alberta government were...
Words and Phrases
beneficial owner| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | definition of "reimbursement;" exclusion for legal obligation from legitimate negotiations | 220 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | 56 | |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | amount was received in respect of impaired capital asset (which then was transferred to payor) rather than for lost profits | 111 |