| ABANDONED...........................1 | |
| The no change in beneficial ownership requirement may be abandoned without the fisc | 1414 |
| ABILITY.............................3 | |
| exercisable on death. In such circumstances, the settlors ability to dispose of the property | 300 |
| settlor is general in nature, the settlors ability to choose the person to whom the property is | 436 |
| ability to dictate the ultimate disposition of the trust property is unlimited. This position is not | 1350 |
| ABSENCE.............................6 | |
| in the absence of default beneficiaries where the settlor retained a specific power of appointment | 300 |
| To compensate for this absence of any analytical framework, and to lend meaning to the | 348 |
| and that such phrase was a term of art. He added that in the absence of earlier authority, a | 680 |
| overcome the absence of the beneficial ownership concept in Québec civil law. Consequently, | 1098 |
| In the opinion of the majority of the Court, the difficulty created by the absence in the C.C.Q. of | 1142 |
| or capital in respect of certain property. The absence of such qualifying language in | 1766 |
| ABSENT..............................6 | |
| be illustrated below, absent harmonization measures, the tax consequences of this transaction | 96 |
| law the beneficiary of a trust does not enjoy real rights in the trust property, absent the deeming | 360 |
| of the ITA is such that absent a specific deeming provision, property held by a corporation or a | 700 |
| acting as agent or nominee or the trust is a bare trust. Furthermore, absent sham or fraud, in | 702 |
| demonstrates that, absent sham or fraud, the scheme of the ITA is such that intermediary entities | 710 |
| the context of a qualifying disposition under subsections .(). Absent the no change in | 1524 |
| ABSOLUTE............................39 | |
| ... Contingent or Absolute Rights Under the Trust | 16 |
| or future and whether absolute or contingent, to receive any of the income or capital of one of | 64 |
| future, whether absolute or contingent or whether conditional on or subject to the exercise of | 244 |
| The rights of the default beneficiaries are not absolute ; rather, their rights are contingent or | 392 |
| type of right, i.e., immediate or future, absolute or contingent, dependent on the exercise of | 400 |
| someone elses discretion, or it may refer only to rights absolute and exercisable at the time | 402 |
| right as a beneficiary, whether immediate or in the future, whether absolute or contingent, and | 412 |
| absolute or contingent right, determined with reference to subsection (.), as a beneficiary | 522 |
| beneficiaries have any contingent or absolute right as a beneficiary under a trust determined with | 524 |
| having contingent or absolute rights as a beneficiary under a trust. | 528 |
| the creation of absolute or contingent rights of a person other than the settlor. In fact, this issue | 530 |
| than the settlor have an absolute or contingent right as a beneficiary, determined with reference | 546 |
| ... Contingent or Absolute Rights Under the Trust | 552 |
| transfer no person other than the settlor has an absolute or contingent right as a beneficiary | 554 |
| ownership. What does an absolute or contingent right as a beneficiary mean? Does a default | 560 |
| version of paragraph ()(e) deems any person with an absolute or contingent right in a | 776 |
| whether absolute or contingent) to receive all or part of the income or capital in respect of | 1068 |
| No person (other than the individual) or partnership has any contingent or absolute right as a | 1294 |
| immediately after the transfer no absolute or contingent right of a person (other than the | 1298 |
| retained by the settlor for exercise in his or her will did not give rise to absolute or contingent | 1330 |
| preservation and perhaps enhancement of the no absolute or contingent right test, and an | 1358 |
| appointment and absolute or contingent right as a beneficiary. | 1362 |
| considered to have contingent or absolute rights as they are within subparagraph (.)). On | 1400 |
| absolute or contingent right requirement as reflected in paragraph ()(a), with appropriate | 1532 |
| absolute or contingent or whether conditional on or subject to the exercise of any discretion by | 1540 |
| circumstances where no absolute or contingent rights are created other than rights of the nominal | 1546 |
| absolute or contingent right concept. As suggested with respect to the definition of disposition | 1566 |
| whether absolute or contingent or whether conditional on or subject to the discretion of any | 1568 |
| in beneficial ownership of the property and no person (other than the taxpayer) has any absolute | 1580 |
| intended substantive effect could be achieved by utilizing the expansive notion of the no absolute | 1588 |
| partnership has any right (whether immediate or in the future, whether absolute or conditional or | 1594 |
| whether absolute or contingent, or whether conditional on or subject to the exercise of any | 1632 |
| objective may be achieved by using the no absolute or contingent right concept with an | 1656 |
| absolute or contingent interest in the property, save and except for possession of nominal or | 1694 |
| immediate or in the future, whether absolute or contingent or whether conditional on or subject | 1764 |
| absolute right as a beneficiary to be a beneficial owner of trust property for income tax | 1768 |
| expansive absolute or contingent language. | 1772 |
| right (whether immediate or future, whether absolute or contingent, or whether conditional on or | 1782 |
| arrangements and institutions are deemed to be trusts and a person with an absolute or | 1806 |
| ABSOLUTELY..........................1 | |
| marginal rates. The beneficial ownership concept is not absolutely necessary to ensure that the | 1468 |
| ABSORBS.............................1 | |
| G. FORTIN, How the Province of Québec Absorbs the Concept of the Trust, | 1776 |
| ABUSE...............................4 | |
| couched in terms of abuse , as follows: | 1008 |
| countries, there is an abuse of the convention, and Switzerland may adopt anti-abuse measures | 1010 |
| suggested amendment would not, as a practical matter, give rise to abuse . | 1520 |
| Finally, the same potential abuse identified above with respect to the removal of the no change | 1522 |
| ABUSIVE.............................1 | |
| curtails the perceived abusive structure described above. Essentially, if X did not have a capital | 1408 |
| ACB.................................3 | |
| base ( ACB ) and () its cost amount less certain prescribed deductions. Assume the cost | 1426 |
| X settles a self-benefit trust with land. The land has an ACB of M. X dies years later at | 1438 |
| determine the capital gain realized on this deemed disposition. Assuming the ACB of the capital | 1444 |
| ACCEPTABLE..........................1 | |
| results may be acceptable subject to the discussion of this solution, infra. However, given that, | 1200 |
| ACCEPTED............................2 | |
| Even if it is accepted that the purpose and effect of subsection () is to provide taxpayers in | 1084 |
| In Olympia, which was subject to the laws of the Province of Québec, the Court accepted the | 1170 |
| ACCESS..............................1 | |
| all Canadians will have access to federal legislation that is respectful of the legal tradition existing | 82 |
| ACCESSING...........................1 | |
| the Court against the efficacy of an arrangement which saw a non-treaty country party accessing | 982 |
| ACCOMMODATE.........................1 | |
| and is likely inappropriate. In particular, those concepts cannot accommodate the common | 160 |
| ACCOMPANY...........................1 | |
| accompany the amendments to the definition of cost amount. | 1462 |
| ACCOMPANYING........................1 | |
| exercisable under a will. In particular, the Technical Notes accompanying the Technical | 1304 |
| ACCORDANCE..........................6 | |
| revenues, and the payment of capital where the provision or payment is in accordance with the | 498 |
| no deemed disposition thereof in accordance with subsection () and neither the increase in | 1402 |
| of the capital interest to the settlor was nil in accordance with paragraph (.)(b). The cost | 1428 |
| amount of the capital interest in the trust to the settlor is determined in accordance with the | 1428 |
| disposed of in accordance with the subsection () definition of disposition. According to | 1548 |
| make explicit reference to that subparagraph and paragraph (as amended in accordance with | 1600 |
| ACCORDINGLY.........................11 | |
| tax standpoint, the objective and, accordingly , the challenge of harmonization is to concurrently | 86 |
| ownership. Accordingly , a change in any of these rights and obligations would suggest a | 284 |
| disposed of is not tempered. Accordingly , if the English version governs, the results are | 438 |
| property and, accordingly , consistency is achieved using the French version. However, as will | 450 |
| not have any right to enjoy the benefits from the property, and accordingly is not the beneficial | 594 |
| A and B wish to proceed with a split-up butterfly transaction. Accordingly , they transfer their | 820 |
| D. Accordingly , each of Aco and Bco would be connected with Opco. Query, though, | 838 |
| who has or had, accordingly as the context requires, such ownership as a right in relation to that | 1150 |
| and may evolve over time. Accordingly , a definition specific to Québec may not provide | 1250 |
| pursuant to a specific power of appointment. Accordingly , it is the condition in subparagraph | 1338 |
| disposition in subsection (). It would accordingly be possible to remove the reference to | 1534 |
| ACCOUNT.............................4 | |
| immediately placed in a segregated trust account and all distributions of these dividends were | 194 |
| made from that same account . The respondent retained some such certificates for itself. When | 194 |
| paid to a bare trust, agent or nominee must not be taken into account for the purposes of the | 950 |
| settlors capital interest that takes into account the beneficiarys proportionate share of the value | 1434 |