| |
|
APPROACHES..........................3
|
| beneficial ownership. There are two analytical approaches to determining whether there has | 256 |
| been a change in the beneficial ownership of property. Both approaches are discussed below. | 258 |
| term and duet approaches would maintain the status quo for common law taxpayers, the | 1254 |
| |
|
APPROPRIATE.........................15
|
| remedy against the trustee personally for breaches of the trust. Where appropriate , this remedy | 156 |
| an appropriate approach when it is the beneficiarys liability for tax that is at issue. Thus, the | 216 |
| issue has a financial aspect to it, beneficial ownership of trust property is an appropriate | 234 |
| appropriate way to describe the person who, in article C.C.Q., is described as a | 486 |
| appropriate to consider the preferred shares as belonging to the Trust. However, a strict | 882 |
| disregarded. As such, a more appropriate resolution to the problem contemplated herein would | 894 |
| it is appropriate to consider an inserted party as a mere collection agent. | 978 |
| In the Aiken Industries case, the Court considered it appropriate , in light of the blatant treaty | 988 |
| appropriate analytical approach to take, but no criteria for determining the existence of such a | 1090 |
| broad approach to interpreting the subsection. While the result may be appropriate from a tax | 1102 |
| policy perspective, it is questionable whether the approach is otherwise appropriate . The | 1104 |
| appropriate tax liability is triggered on the death of the settlor of a self-benefit trust. The no | 1468 |
| absolute or contingent right requirement as reflected in paragraph ()(a), with appropriate | 1532 |
| date as to the meaning of the term acquired, the appropriate solution may be to adopt a | 1616 |
| requirement, in the appropriate contexts, that no person other than the transferor have any | 1692 |
| |
|
APPROPRIATION.......................1
|
| appropriation in the C.C.Q. In the context of the example under review, it would clearly be | 882 |
| |
|
APPROVED............................1
|
| also noted that, although the U.S. Supreme Court has approved efforts by taxpayers to | 974 |
| |
|
AREA................................3
|
| relationship in common law, particularly in the area of trusts. The area of trusts was fertile | 152 |
| relationship in common law, particularly in the area of trusts. The area of trusts was fertile | 152 |
| is not surprising that the legislature has sought to add at least some certainty to an area of law | 238 |
| |
|
ARGUABLE............................1
|
| context. In the authors view, it is arguable that such an approach is inappropriate. The scheme | 698 |
| |
|
ARGUABLY............................9
|
| beneficial ownership arguably results. Where there are no default beneficiaries and a settlor | 304 |
| beneficially owned by the person. Arguably , the settlor of a self-benefit trust is within the ambit | 356 |
| subsection (), however, arguably leads to a different conclusion. That subsection deems | 408 |
| beneficiaries will take. Arguably , at common law and for tax purposes, an individual | 464 |
| beneficially interested in that deemed trust. Although, arguably , the ITA intends to treat the | 744 |
| beneficiary status assuming a sufficiently direct connection and that, arguably , beneficiary status | 752 |
| Arguably , there is nothing inherently wrong with associating the transfer of the incidents of | 1192 |
| In the authors view, the expression beneficial ownership used in subsection () is arguably | 1608 |
| subject to the exercise of any discretion by any person or partnership) Arguably , it is more | 1784 |
| |
|
ARGUED..............................1
|
| is therefore argued that it is the context in which a trust issue arises that will dictate which of | 164 |
| |
|
ARGUMENT............................1
|
| no analytical framework in the civil law from which an argument either for or against can be | 346 |
| |
|
ARISE...............................17
|
| In addition, subsection () does not address all of the income tax issues that can arise from | 76 |
| difficulties can arise in applying provisions of the ITA that rely on the application of the concept | 90 |
| inconsistent with the tax consequences that would arise in any other Canadian province. | 98 |
| has similarly effected a change in the beneficial ownership thereof. The same result would arise | 298 |
| conditional in that the right to receive trust property will arise only as a consequence of the | 392 |
| beneficial owners of the trust property, and a change in beneficial ownership would arise . This | 506 |
| analysis is intended to highlight some of the issues that can arise when applying certain | 718 |
| owned and belong to are also used in the ITA. Some of the issues that can arise | 726 |
| may arise in Québec other than those listed where the beneficial ownership relationship is an | 1090 |
| harmonization issues that arise in the context of the beneficial ownership concept. This may not | 1100 |
| Ltd v. The Queen illustrate the issues that may arise when private law concepts are applied | 1112 |
| that a change in beneficial ownership would arise as a result of the transfer. | 1314 |
| (a) a right that may arise as a consequence of the terms of the will or other | 1318 |
| (b) a right that may arise as a consequence of the law governing the intestacy of an | 1322 |
| (a) A right that may arise as a consequence of the exercise of a general power of | 1382 |
| completely and permanently losing tax revenues that would otherwise arise on the death of an | 1414 |
| settlors capital interest and to eliminate the double taxation that would otherwise arise as a | 1460 |
| |
|
ARISEN..............................1
|
| Prior to the amendment, the following scenario could have arisen . An individual, X, owns | 1394 |
| |
|
ARISES..............................12
|
| circumstances a change in the beneficial ownership of property arises . | 130 |
| is therefore argued that it is the context in which a trust issue arises that will dictate which of | 164 |
| result is different than the result that would ensue at common law and arises solely as a | 508 |
| arises in relation to a discretionary beneficiary under either a common law or civil law trust if one | 532 |
| that arises is whether there is a basis for adopting a similar approach to interpreting or applying | 696 |
| A related issue that arises from the concept of beneficial ownership in relation to the Province of | 786 |
| The question arises , though, as to what is meant by the words belongs to in subsection | 826 |
| Again, the question of what is meant by beneficially owned arises . Consider two | 908 |
| as above arises . X is not at arms length with the trust by virtue of paragraph ()(b) and, | 928 |
| in beneficial ownership requirement in the context of subparagraph (.)(b)(ii) arises in | 1522 |
| ownership was transferred to the trustee arises . | 1704 |
| where the issue to be resolved arises therein, and instead using the concepts common law | 1842 |
| |
|
ARISING.............................5
|
| . Issues Arising from the Concept of Beneficial Ownership and Change in Beneficial Ownership | 18 |
| arising from the application of those provisions in the province of Québec and the common law | 104 |
| . Issues Arising from the Concept of Beneficial Ownership and Change in | 714 |
| determination of the tax consequences arising from a transaction governed by Québec civil law | 1212 |
| implication arising from this inclusive definition is that it extends, as well, to persons beneficially | 1516 |
| |
|
ARM.................................16
|
| vendor does not deal at arm s length beneficially own more than of the fair market value of | 580 |
| corporation, to persons with whom the other corporation does not deal at arm s length, or to | 808 |
| the other corporation and persons with whom the other corporation does not deal at arm s | 810 |
| and the trustee is a person dealing at arm s length with the brothers. | 818 |
| Aco and Bco would be connected with Opco since C and D do not deal at arm s length with A | 832 |
| arm s length with A and B because of A and Bs relationship with the beneficiaries, being C and | 838 |
| person who does not deal at arm s length with either of Aco or Bco for the reasons described in | 844 |
| control of the trust property. Paragraph ()(b) deems the trustee to not deal at arm s length | 860 |
| with the beneficiaries, being C and D, and by extension, to not deal at arm s length with Aco | 860 |
| and Bco because each of those corporations do not deal at arm s length with C and D. | 862 |
| whom are not at arm s length with X beneficially own more than of the Forco II shares, in | 924 |
| as above arises. X is not at arm s length with the trust by virtue of paragraph ()(b) and, | 928 |
| consequently, X and a person not dealing at arm s length with X together own shares of the | 928 |
| available. Immediately after the exchange, X and persons that do not deal at arm s length with | 934 |
| exchanges under subsections .() and .() to persons dealing at arm s length with the | 1638 |
| corporations that are owned by a non arm s length person. | 1792 |
| |
|
ARM'S...............................3
|
| at arm's length or the vendor together with persons with whom the vendor did not deal at arm's | 902 |
| at arm's length or the vendor together with persons with whom the vendor did not deal at arm's | 902 |
| whom the vendor did not deal at arm's length beneficially owned shares of the capital stock of | 914 |
| |
|
AROSE...............................1
|
| As in the case of Aiken Industries, the context in which this decision arose must be noted. | 1004 |
| |
|
ARRANGEMENT.........................9
|
| Where the arrangement is such that the person entitled to the benefits to the property is not the | 586 |
| grandchildren. The codicil, plus the scheme of corporate arrangement with the parent company | 664 |
| but instead are considered to belong to the trust arrangement itself, then the trust would be a | 842 |
| mechanical-like three-country arrangement . | 972 |
| The Court noted the fact that the arrangement ostensibly conformed to the literal requirements | 972 |
| minimize tax burdens by tax planning, it was necessary, in a treaty arrangement , to consider the | 976 |
| expectations of the contracting countries and, where an arrangement has no valid economic or | 976 |
| the Court against the efficacy of an arrangement which saw a non-treaty country party accessing | 982 |
| contingent right to the income or capital from the property subject to the arrangement or | 1806 |