| |
|
ACCOUNTING..........................1
|
| principles consistently across the country and accounting for differences between the private law | 1214 |
| |
|
ACCRUED.............................2
|
| are intended to ensure that the amount due to the creditor (plus accrued interest) is recognized | 1042 |
| will reflect accrued gains in the property from the time it was acquired by the settlor. | 1422 |
| |
|
ACHIEVE.............................4
|
| the ITA, the conditions required to achieve the tax policy objective of the particular provision. | 1272 |
| interested in a particular trust under common law. To achieve the goal of harmonization, | 1516 |
| its fair market value. In the authors view, these provisions could achieve the intended results by | 1564 |
| might achieve the same objectives without requiring a determination of beneficial ownership. | 1634 |
| |
|
ACHIEVED............................8
|
| Québec private law. Whether or not this policy objective is achieved is disputed both as a | 72 |
| trust governed by civil law in the same circumstances. For harmonization to be achieved , it is | 124 |
| that would seem otherwise uncertain. This is achieved in subsection (). While the | 240 |
| property and, accordingly, consistency is achieved using the French version. However, as will | 450 |
| benefit trust. However, this tax policy objective may be achieved without the use of the | 1356 |
| intended substantive effect could be achieved by utilizing the expansive notion of the no absolute | 1588 |
| effect of subparagraphs .()(b)(ii) and .()(b)(ii) could be achieved by deleting the | 1640 |
| objective may be achieved by using the no absolute or contingent right concept with an | 1656 |
| |
|
ACHIEVES............................1
|
| achieves a perfect parallel between common law and civil law on a continuous basis, and to | 1246 |
| |
|
ACHIEVING...........................2
|
| ownership would be retained and civil law terms would also be used with a view to achieving | 1238 |
| means of achieving the tax policy objective underlying paragraph (e) of the definition | 1534 |
| |
|
ACKNOWLEDGE.........................1
|
| Exchequer Court and the Supreme Court of Canada acknowledge that the term beneficial | 206 |
| |
|
ACKNOWLEDGED........................2
|
| a trust as a beneficiary. It is acknowledged , however, that the definition of beneficiary in | 1712 |
| It is acknowledged that the analytical hurdle may not be entirely avoided because | 1738 |
| |
|
ACO.................................16
|
| common shares to holding companies, Aco and Bco, respectively. In the course of the butterfly | 820 |
| transaction, Opco will repurchase the common shares of its capital stock from Aco and Bco for | 822 |
| Opco to each of Aco and Bco. Unless Opco is connected with Aco and Bco, the deemed | 824 |
| Opco to each of Aco and Bco. Unless Opco is connected with Aco and Bco, the deemed | 824 |
| dividends received by Aco and Bco will be subject to Part IV tax. | 824 |
| Given the number of voting shares held by the Trust, Opco is not controlled by Aco and Bco. | 826 |
| Aco and Bco would be connected with Opco since C and D do not deal at arms length with A | 832 |
| D. Accordingly, each of Aco and Bco would be connected with Opco. Query, though, | 838 |
| person who does not deal at arms length with either of Aco or Bco for the reasons described in | 844 |
| the immediately preceding paragraph. The result would be that each of Aco and Bco would be | 844 |
| be aggregated with the shares held by Aco and Bco, thereby rendering Opco connected with | 846 |
| Aco and Bco for the purposes of Part IV. | 848 |
| with the beneficiaries, being C and D, and by extension, to not deal at arms length with Aco | 860 |
| beneficiaries and Aco and Bco, through the combined operation of subsection () and | 864 |
| therefore, Aco and Bco would not be connected with Opco. | 886 |
| take a liberal approach to the interpretation of the words belongs to to connect Aco and Bco | 888 |
| |
|
ACQUIRE.............................5
|
| direct interest in the trust whereas objects of a power only acquire such an interest on the | 214 |
| ultimately acquire an interest in the property. Here the Court is not being asked to introduce | 690 |
| may, in certain specific cases, acquire a real right in the debtors property, but the Québec civil | 1056 |
| reassessed the taxpayer on the basis that it did not acquire the trucks and therefore was only | 1130 |
| case law are acquired. For example, a trustee who acquires property may not itself acquire | 1620 |
| |
|
ACQUIRED............................19
|
| property is acquired or reacquired at that time from the person by the other person. | 586 |
| acquired a technical meaning to which it must be restricted in this statute. | 654 |
| acquired by the trust? If the discretionary beneficiaries, as a whole, can be said to beneficially | 922 |
| when a creditor has acquired property held by the debtor (for example, by way of the seizure of | 1038 |
| mortgaged or hypothecated property or where ownership is acquired under a conditional sales | 1040 |
| creditor is deemed to have acquired such property at a cost equal to the cost of the creditors | 1044 |
| The Federal Court of Appeal, in a - decision, found that the taxpayer had acquired the trucks | 1132 |
| acquired property for the purposes of the ITA, the taxpayer must obtain beneficial ownership of | 1134 |
| for the purposes of claiming capital cost allowance, the taxpayer had acquired equipment in the | 1176 |
| As I have indicated above, it is my opinion that a purchaser has acquired assets of a class in | 1182 |
| value of the trust assets from the time they were acquired by X to the time they were rolled into | 1404 |
| will reflect accrued gains in the property from the time it was acquired by the settlor. | 1422 |
| deems a person who acquires property in such circumstances to have acquired the property at | 1562 |
| not required. The terms acquired or reacquired and acquisition or reacquisition have been | 1608 |
| date as to the meaning of the term acquired , the appropriate solution may be to adopt a | 1616 |
| specific definition of the term acquired which could reflect elements of the Construction | 1616 |
| case law are acquired . For example, a trustee who acquires property may not itself acquire | 1620 |
| trustees acquisition as a surrender of property by the debtor. Similarly, property acquired may | 1622 |
| property. A definition of acquired or acquisition could be developed that would allow all | 1626 |
| |
|
ACQUIRER............................1
|
| be subject to a usufruct in which case the acquirer would not obtain the use and enjoyment of | 1624 |
| |
|
ACQUIRES............................9
|
| without share capital, by reason of the death of a deceased acquires or becomes beneficially | 614 |
| Under this subsection, where a corporation that is not resident in Nova Scotia acquires or | 624 |
| corporate veil. Subsection () comes into operation not only when a corporation acquires | 642 |
| expression, coming as it does after the word acquires , clearly contemplates that the property | 644 |
| a conditional sales context, a purchaser acquires property for the purposes of the ITA when it | 1138 |
| acquires all the incidents of ownership, being use, possession and risk, notwithstanding that legal | 1140 |
| deems a person who acquires property in such circumstances to have acquired the property at | 1562 |
| other person acquires the possession, use and risk of the property, as such term has been | 1612 |
| case law are acquired. For example, a trustee who acquires property may not itself acquire | 1620 |
| |
|
ACQUIRING...........................5
|
| shares of the acquiring corporation will not qualify for a rollover under subsection .() where | 578 |
| by the corporation acquiring or becoming beneficially entitled to the property; and | 618 |
| increased by the corporation acquiring or becoming beneficially entitled to the property. | 622 |
| shares in the corporation is increased by the corporation acquiring or becoming beneficially | 626 |
| acquiring corporation immediately before and after the exchange. In any event, the substantive | 1640 |
| |
|
ACQUIROR............................1
|
| all the shares of the capital stock of the acquiror . Subsection () provides that a newspaper | 580 |
| |
|
ACQUISITION.........................8
|
| examined whether there was an acquisition for income tax purposes. The issue was whether, | 1174 |
| acquisition of property described in Schedule B to the Income Tax Regulations. | 1186 |
| the Court concluded that there was an acquisition of property for tax purposes, notwithstanding | 1208 |
| not required. The terms acquired or reacquired and acquisition or reacquisition have been | 1608 |
| should amount to an acquisition even though not all of the incidents of ownership identified in the | 1620 |
| trustees acquisition as a surrender of property by the debtor. Similarly, property acquired may | 1622 |
| the property. Again, it may nonetheless be desirable to regard the acquisition as a surrender of | 1624 |
| property. A definition of acquired or acquisition could be developed that would allow all | 1626 |
| |
|
ACQUISITIONS........................1
|
| dispositions, acquisitions , transfers of property to a trust, share-for-share exchanges, | 48 |
| |
|
ACTING..............................1
|
| acting as agent or nominee or the trust is a bare trust. Furthermore, absent sham or fraud, in | 702 |
| |
|
ACTIONS.............................1
|
| actions the beneficiary can take. One common law author describes the beneficial owner of | 330 |
| |
|
ACTUAL..............................2
|
| property. Whether or not those beneficial rights constitute an actual ownership right is the | 54 |
| framed in terms of the actual property of the trust but is instead framed in terms of what legal | 330 |
| |
|
ACTUALLY............................2
|
| actually to dispose of them cannot be considered as the beneficiary. | 1020 |
| notion of beneficial ownership and change in beneficial ownership without actually | 1690 |
| |
|
ADAPTED.............................1
|
| could be adapted as the context requires. | 1478 |
| |
|
ADDITION............................6
|
| In addition , subsection () does not address all of the income tax issues that can arise from | 76 |
| in computing the debtors proceeds of disposition with respect to the property. In addition , the | 1042 |
| In addition , as illustrated earlier, the wording of subparagraph ()(f)(iii) leaves ambiguous | 1094 |
| which also is not inconsistent with the common law. The addition of the no change in beneficial | 1352 |
| In addition to the foregoing, subsection (.) could be amended as follows: | 1380 |
| the issues associated with the term beneficial ownership. In addition , a deeming rule for the | 1642 |