| |
|
ACCOUNT...............11
|
| of Quebec law by virtue of S.Q. , c. . The rule takes into account the fact that | 410 |
| account of the retroactive effect of the condition. If so, the buyer should bear the loss, being the | 486 |
| apply the Income Tax Act uniformly while taking the specificities of provincial law into account . | 1032 |
| tax-exempt. The Minister argued that part of the payment was on account of accumulated | 1968 |
| account of capital. | 1976 |
| tax law must take this retroactivity into account when ascribing consequences to this private law | 2564 |
| . ...it is the Department's view that the sale price of any property sold is brought into account | 2650 |
| conditions: contrary to what was stated in , it will take account of the transfer of | 2784 |
| into account . However, certain basic principles of tax law, such as those applicable to | 2948 |
| order to take into account a retroactive effect caused by an event in a subsequent year. This | 2960 |
| sales tax, they shall be taken into account in determining the status of B. (Emphasis added). | 3228 |
| |
|
ACCOUNTING............1
|
| statements of the corporation for the year. However, generally accepted accounting principles | 3238 |
| |
|
ACCRUAL...............2
|
| calculated on an accrual basis by reference to a normal rate of interest then current or with | 2282 |
| Therefore, the time of recognition of business or property income under section for an accrual | 2408 |
| |
|
ACCRUED...............3
|
| ...It may also be that even tax paid on accrued instalments may become refundable if a total | 1902 |
| time the interest accrued . However, the taxpayer relied on Perini Estate and submitted that it | 2264 |
| income must be realized or accrued before it can be taxed. One of the main reasons underlying | 3560 |
| |
|
ACCUMULATE............1
|
| accumulate . The Minister, for his part, argued that the additional amounts, once determined, | 1916 |
| |
|
ACCUMULATED...........3
|
| the interest could have accumulated on the principal as of the date the contract was signed. | 1918 |
| tax-exempt. The Minister argued that part of the payment was on account of accumulated | 1968 |
| accumulated by its employees during the year but not yet taken. This deduction was allowed | 2032 |
| |
|
ACCURATELY............1
|
| We feel this position accurately reflects the law. We can not agree with the second approach, | 2568 |
| |
|
ACEF..................1
|
| In , during the ACEF conference, the Department was asked to comment on the following | 2796 |
| |
|
ACETI.................1
|
| Aceti v. M.N.R., D.T.C. (T.C.C.); | 3660 |
| |
|
ACHAT.................2
|
| de loffre de vente et d achat et la date de transfert de la propriété appartiennent au | 2870 |
| d achat et la date de transfert de la propriété doivent être reconnus par lacheteur. | 2886 |
| |
|
ACHETEUR..............7
|
| vendeur sil existe une condition suspensive. Si le vendeur et l acheteur concluent une | 2870 |
| entente exécutoire par laquelle le vendeur est constitué agent de l acheteur pour la | 2872 |
| période concernée, le revenu appartiendra-t-il à l acheteur ? La réponse serait-elle la | 2872 |
| l acheteur , malgré lexistence dune entente par laquelle le vendeur est constitué agent de | 2878 |
| l acheteur pour la période concernée. Aucune convention visant à donner au transfert un | 2880 |
| est la date où la propriété effective du bien doit passer à l acheteur et le moment où le | 2882 |
| dachat et la date de transfert de la propriété doivent être reconnus par l acheteur . | 2886 |
| |
|
ACHIEVE...............1
|
| It should be noted that the Quebec Act did not stem from a modern objective to achieve | 3986 |
| |
|
ACQUIRE...............2
|
| asset is the subject, to acquire it in the future. | 2620 |
| acquire if the condition occurs, and the seller, who never disposed of the property, could | 3514 |
| |
|
ACQUIRED..............43
|
| and acquired . | 546 |
| and is not deemed or presumed to have acquired it any earlier. | 1084 |
| acquired prior to the end of the year. As we shall see, the concept of acquisition is the | 1176 |
| of the drill and the ancillary equipment for taxation year , i.e. whether it had acquired | 1470 |
| As I have indicated above, it is my opinion that a buyer has acquired assets of a class in | 1474 |
| Thus, property is acquired when ownership is transferred, if the property exists at that | 1480 |
| pass on delivery. Since delivery took place in , the property was acquired at that | 1488 |
| Thus, while Cattanach J. affirmed in the second part of the test that the buyer acquired the | 1528 |
| the right to use the tractors were acquired by the buyer on December , . In my opinion | 1550 |
| interpretation. He then referred to the interpretation of acquired in Wardean Drilling, | 1634 |
| The word acquired used in section ()(e) is obviously the direct opposite of disposed (or | 1638 |
| concluded that Construction Bérou had acquired the trucks within the meaning of the Act, | 1684 |
| J. agreed with the Department that the trucks had not been acquired by Construction Bérou | 1686 |
| acquired the property, even if the broad definition in Wardean Drilling was applied. | 1690 |
| been acquired within the meaning of the Act, granted the appeal and allowed the deductions in | 1692 |
| the trucks had not been acquired under civil law. Since the majority refers to the opinion of | 1694 |
| issue whether Parliament, in assigning fiscal consequences to property acquired , was referring | 1700 |
| does not cast aside private law. The word acquired contained in each of the provisions in | 1714 |
| be acquired otherwise than in accordance with the applicable private law. | 1716 |
| provinces. As indicated by the passages I have cited, this rule is that property may be acquired | 1720 |
| matters at the time to property acquired by a taxpayer through a leasing transaction. | 1824 |
| law by s. () of the Act recognized that the appellant had acquired beneficial ownership of | 1854 |
| The cases hold that the taxpayer may have acquired property where the transaction is | 1948 |
| the obligations resulting from the contract, but it can only affect third parties who have acquired | 1984 |
| rights that the Respondent acquired as a result of the sale of the buildings in . Relatively | 2012 |
| the interest that had run from that date was deductible, since it pertained to property acquired | 2214 |
| is acquired must be determined with reference to the moment the civil law considers ownership | 2218 |
| spouses death because in civil law she was deemed to have acquired the community property | 2300 |
| retroactivity under the provincial law cannot alter the past nor affect third-party rights acquired | 2558 |
| . Generally, a taxpayer will be considered to have acquired a depreciable property at the | 2612 |
| . In determining whether or not depreciable property is acquired by a taxpayer, the legal | 2622 |
| example, where chattels are being acquired , the relevant sale of goods legislation would be | 2624 |
| therefore acquired by the purchaser, at the time when the parties to the contract intend it to pass | 2628 |
| be examined in order to determine if property has been acquired . The Bulletin mentions that | 2642 |
| acquired the absolute right to be paid. So long as a suspensive condition condition | 2700 |
| Act, even if, in civil law, the Quebec taxpayer has not acquired or reacquired the beneficial | 2842 |
| propriété à titre bénéficiaire is acquired or reacquired at that time from the person by the | 3108 |
| This section was added in , and generally applies to property acquired or reacquired | 3112 |
| . Where a creditor has acquired or reacquired, at any time in a taxation year, the possession | 3114 |
| not applicable since the creditor has not acquired or reacquired the possession as proprietor or | 3134 |
| reassessment by the Ministère where the prescription is acquired . This bulletin should be | 3150 |
| . The Ministère du Revenu, though, considers that the income earned from property acquired | 3152 |
| Other problems arise where control of a company is acquired further to the sale of its voting | 3396 |
| |
|
ACQUIRES..............6
|
| mirror of disposition: when a taxpayer disposes of property, someone else acquires it at the | 1176 |
| who retroactively acquires income-producing property is not entitled to restitution. Similarly, a | 2070 |
| creditor of the debtor. Subsection () states that where a person (the creditor) acquires the | 2140 |
| outstanding debt, the creditor acquires the property by surrender. Likewise, a creditor who | 2142 |
| seizes property, that is to say a creditor who acquires the beneficial ownership in the property | 2144 |
| the creditor acquires beneficial ownership following the debtors default where the contract is | 2150 |
| |
|
ACQUIRING.............1
|
| from the side of the person acquiring the asset as opposed to the person disposing of it. | 1640 |
| |
|
ACQUISITION...........36
|
| acquisition of fruits is a fait accompli which the fulfilment of a condition should not be allowed | 656 |
| acquisition of fruits from being permanent. | 672 |
| acquired prior to the end of the year. As we shall see, the concept of acquisition is the | 1176 |
| Cattanach J. of the Exchequer Court held that the acquisition had only occurred in . He | 1472 |
| owning the property. It may safely be assumed that the second part of the rule of acquisition | 1510 |
| issue must be understood in its ordinary sense that is as referring to the acquisition of ownership | 1714 |
| Additionally, this review of the cases also indicates that the rule of acquisition stated by | 1718 |
| decisions suggests that the rule of acquisition proposed by Cattanach J. departed from the | 1726 |
| acquisition under the Income Tax Act was not dissociated from civil law. This concept must | 1732 |
| therefore be interpreted in conformity with civil law. He also held that acquisition in civil law is | 1732 |
| interpretation of acquisition under civil law. We will return to this question later in this paper. | 1756 |
| acquisition of property for purposes of a capital cost allowance. (Emphasis added.) | 1772 |
| Quebec law, under the Act, as far as disposition and acquisition are concerned: an acquisition | 1774 |
| Quebec law, under the Act, as far as disposition and acquisition are concerned: an acquisition | 1774 |
| but by the case law, i.e., cases on tax law that interpreted the concept of acquisition in a | 1860 |
| Because the concept of disposition, and its reciprocal concept acquisition , was interpreted | 1866 |
| obiter, that the retroactive effect of a suspensive condition applied to the concept of acquisition | 1946 |
| acquisition or new acquisition of the beneficial ownership or ownership of the property. | 2160 |
| acquisition or new acquisition of the beneficial ownership or ownership of the property. | 2160 |
| Under the Civil Code of Québec, no such acquisition or new acquisition of property exists. | 2162 |
| Under the Civil Code of Québec, no such acquisition or new acquisition of property exists. | 2162 |
| The date of acquisition (within the meaning of the Act) coincided with the transfer of | 2216 |
| Wardean Drilling test should not have been applied to a disposition or an acquisition in | 2522 |
| an acquisition at the moment beneficial ownership is transferred: a disposition only occurs | 2528 |
| The Minister commented on the acquisition of depreciable property in another Interpretation | 2610 |
| and that the moment of acquisition is determined according to these statutes. The rules that exist | 2644 |
| other person and the acquisition or reacquisition of the property was in consequence of the | 3108 |
| disposition, or the sale price, is by its very nature the same as the cost of acquisition . | 3382 |
| of loss carry-overs. There would be a second acquisition of control if the condition fails and the | 3400 |
| The Department of Finance feels that it is important to define the concepts of acquisition and | 3522 |
| This clearly expresses the intent to apply a uniform concept of acquisition and disposition under | 3526 |
| HOULE, L., Conventions d acquisition Clauses fiscales particulières () Vol. , No. | 3838 |
| KROFT, E. G., Tax Clauses in Acquisition Agreements in Corporate Management Tax | 3850 |
| MARTEL, P., Acquisition de contrôle dune corporation: analyse de concept in Congrès | 3870 |
| Acquisition Agreements in Corporate Management Tax Conference, (Toronto: | 4250 |
| ) at :; Pierre MARTEL, Acquisition de contrôle dune corporation: analyse de | 4390 |