| |
|
ARRANGEMENTS........................5
|
| legal form, arrangements that are inappropriate and the notion of these type of arrangements | 1014 |
| legal form, arrangements that are inappropriate and the notion of these type of arrangements | 1014 |
| beneficial ownership status in a wide variety of arrangements . For example, an obligation of a | 1022 |
| Furthermore, subsection () contains rules that deem certain relationships or arrangements | 1062 |
| arrangements and institutions are deemed to be trusts and a person with an absolute or | 1806 |
| |
|
ARRIVING............................1
|
| issue in arriving at this result, the French version of paragraph ()(e) and (f) make clear | 774 |
| |
|
ART.................................10
|
| and that such phrase was a term of art . He added that in the absence of earlier authority, a | 680 |
| Art . C.C.Q. | 1756 |
| Art . C.C.Q. | 1758 |
| Art . C.C.Q. | 1760 |
| It is implicit in art . C.C.Q. that ownership itself is a real right. | 1760 |
| Art . C.C.Q. | 1762 |
| Art . C.C.Q. See also FORTIN, ibid. | 1780 |
| Art . , C.C.Q. | 1802 |
| Art . C.C.Q. | 1816 |
| Art . , C.C.Q. | 1836 |
| |
|
ARTICLE.............................6
|
| does not exist. Article of the C.C.Q. contemplates the reservation of a power to appoint | 484 |
| beneficiaries. Although the power to appoint terminology is used, if the article were referring | 484 |
| appropriate way to describe the person who, in article C.C.Q., is described as a | 486 |
| beneficiary. It is submitted that despite the power to appoint terminology, article , in | 488 |
| favourable tax treaty may be disregarded. For example, paragraph of article X of the | 952 |
| particular, article C.C.Q. provides that the settlor may reserve for himself the power to | 1368 |
| |
|
ASSESSED............................1
|
| alternatively, too much tax may be assessed as the trust and the settlor may have different | 1466 |
| |
|
ASSESSING...........................2
|
| to assessing whether the beneficiary has a sufficiently direct interest in the trust fund such that | 172 |
| This change in beneficial ownership of the trust property is of significance in assessing the tax | 308 |
| |
|
ASSESSMENT..........................1
|
| the beneficial owner of a particular property. The second context involves an assessment of | 100 |
| |
|
ASSET...............................1
|
| of a foreclosure by transferring beneficial ownership of an asset , but not legal ownership, to the | 1050 |
| |
|
ASSETS..............................12
|
| The default beneficiaries have a beneficial interest in the trust assets . Consequently, they | 136 |
| the beneficiaries of a discretionary trust are not entitled to any specific part of the trust assets | 460 |
| subsidiary to deal with its assets . | 634 |
| beneficial owner of the trust assets . Admittedly, the application of this analytical framework is | 732 |
| any rights against the assets of the trust. The only rights afforded to a beneficiary are personal | 734 |
| the assets of the trust. For this reason, paragraph ()(f) was enacted. Recall that the | 736 |
| As I have indicated above, it is my opinion that a purchaser has acquired assets of a class in | 1182 |
| Schedule B when title has passed, assuming that the assets exist at that time, or when the | 1182 |
| value of the trust assets from the time they were acquired by X to the time they were rolled into | 1404 |
| settlor of a self-benefit trust dies, the trust is deemed to dispose of all of the trust assets for fair | 1416 |
| deemed to reacquire those assets immediately after that day for an amount equal to their fair | 1418 |
| of the underlying capital assets less the trusts liabilities. The interaction of these provisions is | 1436 |
| |
|
ASSIMILATED.........................2
|
| In Roman law, the concept of ownership was assimilated to a right in rem, i.e., exercisable | 146 |
| certain enumerated civil law property interests were assimilated to beneficial ownership for the | 1106 |
| |
|
ASSIMILATION........................1
|
| prior to the transfer but not afterwards. However, this is predicated on an assimilation of the | 342 |
| |
|
ASSISTANCE..........................1
|
| subparagraph ()(f)(iii). Consequently, there is very little interpretative assistance available. | 398 |
| |
|
ASSOCIATED..........................3
|
| up rights or has been relieved of obligations associated with beneficial ownership. If the answer | 272 |
| One potential drawback associated with this solution is the possible effect in the common law | 1544 |
| the issues associated with the term beneficial ownership. In addition, a deeming rule for the | 1642 |
| |
|
ASSOCIATING.........................1
|
| Arguably, there is nothing inherently wrong with associating the transfer of the incidents of | 1192 |
| |
|
ASSOCIATION.........................1
|
| Colloque no. , Les Fiducies, Association de planification fiscale et financière, May and | 1854 |
| |
|
ASSUME..............................4
|
| be explored in the context of an example. Assume the settlor of a self-benefit trust retains a | 132 |
| Consider the scenario put forth earlier. Assume the settlor of a self-benefit trust retains a power | 386 |
| Instead of potential appointees, assume the trust has discretionary beneficiaries. In describing | 492 |
| base (ACB) and () its cost amount less certain prescribed deductions. Assume the cost | 1426 |
| |
|
ASSUMING............................5
|
| beneficiary status assuming a sufficiently direct connection and that, arguably, beneficiary status | 752 |
| property. Assuming C and D each have a right as a beneficiary under the Trust for purposes | 870 |
| consider the entire class of discretionary beneficiaries, assuming they are all sui juris, as | 920 |
| Schedule B when title has passed, assuming that the assets exist at that time, or when the | 1182 |
| determine the capital gain realized on this deemed disposition. Assuming the ACB of the capital | 1444 |
| |
|
ASSUMPTION..........................1
|
| relevant, except with respect to the assumption of risk. | 1190 |
| |
|
ASSURE..............................1
|
| in a unilateral fashion to assure itself that the benefits of the convention do not profit nationals or | 1010 |
| |
|
ATTAINMENT..........................1
|
| meaning of the statute, best ensures the attainment of its objectives. Here, we have seen that | 446 |
| |
|
ATTEMPT.............................3
|
| Subsection () differs from subsection (), which reflects an attempt by the legislature | 250 |
| attempt by Parliament to define, in relation to the Province of Québec, the circumstances in | 790 |
| law. Yet, the attempt by Parliament to harmonize the two systems with a view to providing fair | 1162 |
| |
|
ATTEMPTS............................4
|
| Subsection (), in effect, attempts to equate certain Québec private law institutions with the | 60 |
| been jurisprudential attempts by non-Canadian Courts to define the concept in the tax treaty | 960 |
| Paragraph ()(f) attempts to do this by way of a deeming rule, but is not entirely effective, | 1242 |
| concept of beneficial ownership. For these reasons, any approach that attempts to equate | 1252 |
| |
|
ATTRIBUTE...........................1
|
| of the trust is thus ownerless. It may, therefore, not be possible to attribute to the trust | 854 |
| |
|
ATTRIBUTES..........................3
|
| law trust that divides the attributes of ownership vesting the right of management and | 160 |
| property, the CCRA has stated possession, use and risk are the primary attributes of beneficial | 284 |
| inter alia, specifically defining the attributes of ownership, such as possession, use and risk, and | 1688 |
| |
|
AUGUST..............................1
|
| Computation ( August ) at para. . | 1744 |
| |
|
AUSTIN..............................1
|
| elucidate a civilian approach to property. It was Austin who incorporated them into common | 150 |
| |
|
AUTHOR..............................14
|
| Author : Mark D. Brender | 2 |
| actions the beneficiary can take. One common law author describes the beneficial owner of | 330 |
| the beneficial owner of property. In the author s view, where the phrase right as a | 404 |
| context. In the author s view, it is arguable that such an approach is inappropriate. The scheme | 698 |
| whether the property belongs to a Québec civil law trust. In the author s view, a Court would | 888 |
| However, in the author s view, the proper application of the decision is to restrict it to situations | 1026 |
| provinces. While this may have been the purpose, at least one author is of the opinion that | 1076 |
| this is not the effect. In fact, the author holds that subsection () puts Québec | 1076 |
| beneficial ownership is not, in the author s view, the preferred approach. Although the defined | 1254 |
| Justice (Chapter , p. ) and this author agrees with the view expressed by Me Bruneau. In | 1366 |
| ()(a). In the author s view, the ambit of subsection () is so far reaching that the | 1520 |
| its fair market value. In the author s view, these provisions could achieve the intended results by | 1564 |
| In the author s view, the expression beneficial ownership used in subsection () is arguably | 1608 |
| It is not evident to this author what the tax policy justification is for limiting share-for-share | 1638 |
| |
|
AUTHORITIES.........................1
|
| shares of the Dutch company. Similar to Aiken Industries, the Swiss authorities refused the | 996 |
| |
|
AUTHORITY...........................1
|
| and that such phrase was a term of art. He added that in the absence of earlier authority , a | 680 |
| |
|
AUTHORS.............................1
|
| subject to the power of appointment. Other authors agree with Brown that a potential | 1550 |
| |
|
AUTOMATICALLY.......................1
|
| not follow automatically that because the usufructuary, for example, is deemed to be beneficially | 748 |
| |
|
AUTONOMOUS..........................1
|
| patrimony is autonomous and distinct from that of the trustees and beneficiaries and the property | 852 |
| |
|
AVAIL...............................1
|
| beneficial ownership becomes a certainty. Persons seeking to avail themselves of subsection | 1080 |
| |
|
AVAILABLE...........................9
|
| subparagraph ()(f)(iii). Consequently, there is very little interpretative assistance available . | 398 |
| to subsection (.). That is to say, rollover treatment may be available in respect of the | 546 |
| rollover treatment for property transferred to a trust is only available where immediately after the | 554 |
| respective shares of Forco I to Forco II. Query whether a rollover is available to X and the | 912 |
| which case the rollover would not be available to X or the trust. However, if it is incorrect to | 924 |
| available . Immediately after the exchange, X and persons that do not deal at arms length with | 934 |
| available to X or the trust. While the same result may be obtained if subparagraph | 944 |
| would be available to its creditors and would not belong to its parent. | 1036 |
| right or interest of a creditor. Protection of this same sort is not available in Québec. A creditor | 1054 |