| |
|
ALLOWED.................10
|
| In , the Civil Code introduced a redefined trust concept that allowed trusts to be used in | 202 |
| In the result, this case allowed Mr. Fletcher, a non-resident, to plead with success that he had | 1006 |
| title to the shares was in the husband's name alone, allowed the couple to claim that, although | 1066 |
| in Quebec are that Quebec residents are not allowed to split capital gains or investment income | 1164 |
| rollover is allowed in the terminal year. After that, the trustee should question himself every year | 1318 |
| amount. The deduction allowed at the level of the trust will also be ,, but the trust will | 1528 |
| is allowed to specify or modify in the deed who will receive a particular profit, the intrinsic | 1592 |
| differences in the kinds of expenses allowed by each. The distortions may lead to unwanted | 1606 |
| gain would be allowed to the extent that the property belong to the child. However, in view of a | 1916 |
| If the harmonization project allowed practitioners in a civil law environment to use their own | 2136 |
| |
|
ALLOWING................5
|
| law allowing that a mere power in a will to designate beneficiaries took priority over the trust | 446 |
| the property and the scope of the power left to the settlor allowing him to choose any | 492 |
| reviewed and adapted to this system of law, for example by allowing on the death of a | 878 |
| the determination is to make it possible to tax the beneficiary on these amounts while allowing | 1514 |
| future children and let it be called something like parent in trust account, allowing one to | 1868 |
| |
|
ALLOWS..................5
|
| would appear to be one that allows the trustees, at their discretion, to distribute the trust income | 208 |
| allows the trust property to pass directly to the persons designated. The two clauses are | 490 |
| requirement. Thus, subsection () I.T.A. allows the taxation of income in the hands of a | 888 |
| In view of the flexibility of the taxing sections that allows the income to be taxed either at the | 1496 |
| which are frozen in, can be used. Subsection (.) allows the same exercise for the trust's | 1520 |
| |
|
ALLUDES.................1
|
| Waters, in differentiating between trust and agency alludes to the possible existence of a self- | 1766 |
| |
|
ALLUSION................1
|
| clarifies the distinction between a trust and the power to appoint. He makes only one allusion to | 500 |
| |
|
ALTER...................4
|
| When completed, the current harmonization will not alter the appeal of finding the provincial | 118 |
| proposal is to integrate the first provision to section I.T.A. with the new alter ego | 240 |
| been paid in cash and did not constitute proceeds of liquidation nor did it alter the corporation's | 1392 |
| accepted. The tax law can, however, alter the negative consequences of the difference in | 1574 |
| |
|
ALTERNATIVE.............6
|
| laws. As an alternative , the trustees are given the power to transfer all or part of the | 534 |
| We do not retain this alternative . It is less flexible than the first and presents far more of a risk in | 568 |
| death had not yet occurred. - We think that option is a better alternative . | 710 |
| An other alternative would be to revisit the definition of income in the Act and have it specify | 1654 |
| This kind of plan has the advantage of being a simple alternative to the bank trust. It avoids the | 1990 |
| As we have seen, the two doctrines are often pleaded in the alternative . | 2376 |
| |
|
ALTERNATIVES............4
|
| then faced with two alternatives : | 510 |
| If the trust deed contained a clause, as we proposed in the alternatives listed above, to the effect | 554 |
| It should be noted that both alternatives could be applied. | 1666 |
| Two alternatives could be considered: | 1890 |
| |
|
AMBIGUOUS...............1
|
| beneficiary and what to the capital beneficiary. However, if the private law is ambiguous , this | 1634 |
| |
|
AMBIVALENCE.............1
|
| the ambivalence recognized in the English case law about the possibility that a person | 2110 |
| |
|
AMEND...................4
|
| Amend the tax laws, not the applicable private law | 72 |
| The goal of the exercise is not to amend the tax laws in a way that would make Quebec | 72 |
| effort, ideally, should be made to respect the civil law rather than amend it so that it operates | 74 |
| beneficiaries, take back part of the trust property, or do anything else to amend or | 2586 |
| |
|
AMENDED.................3
|
| The definition is amended for and subsequent taxation years so that the exclusion | 788 |
| Income Tax Act is powerless to solve the deficiencies in such trusts in law, it could be amended | 1900 |
| R.S.C. (th Supp.), c., as amended (hereinafter the I.T.A. or the Act). | 2146 |
| |
|
AMENDING................1
|
| prefer the solution of amending the requirement that all the income be distributed to the spouse | 1652 |
| |
|
AMENDMENT...............5
|
| outside the terms of this exclusion. This amendment is relevant primarily for those | 792 |
| implement in that it does not require extensive legislative amendment and would not generate | 1202 |
| the difference that the amendment would be restricted to transfers resulting from situations | 1228 |
| been no amendment . | 2046 |
| amendment to subsection () I.T.A., the settlor, like a mandator in Quebec, being deemed | 2102 |
| |
|
AMENDMENTS..............5
|
| Before proposing amendments to standardize the federal tax treatment of trusts all across | 128 |
| Justice study. While awaiting the legislative amendments that will result from the latter study, | 302 |
| amendments , is to have the trust property return to the settlor's patrimony before his death so | 576 |
| developing any amendments . The question seems of more importance for past situations than for | 1886 |
| Motion with Technical Notes -Technical Amendments , (Bill C-; S.C. , c. ) subss. | 2304 |
| |
|
AMERICAN................1
|
| . As a restitutionary mechanism developed by American and Canadian courts. It | 936 |
| |
|
AMOUNTS.................28
|
| requirements to render amounts payable). | 184 |
| the sole person beneficially interested in amounts payable under the annuity acquired | 902 |
| Dupuis judgement, the transfer of several small amounts used, among other things, by the | 1266 |
| the transfer of a number of amounts to the wife was at fair market value. | 1272 |
| the determination is to make it possible to tax the beneficiary on these amounts while allowing | 1514 |
| another person, in this case, the child. The ownership of the amounts may remain in the hands of | 1734 |
| be consulted. The individual's confidence in the financial institution and the amounts at stake | 1798 |
| subsection () I.T.A. must be followed, which deem that certain amounts are payable. A | 1810 |
| allowances from the parents' other assets and identify the intention to have these amounts | 1840 |
| earmarked for the children. It was also recognized that these amounts could be used to | 1840 |
| withdrawing and depositing amounts to equalize the total in a new account for each child? This | 1862 |
| It is true that this kind of account will not generally involve significant amounts , especially in view | 1876 |
| benefit. However, to the extent that the accumulated amounts are then invested in more growth | 1878 |
| investments, we can think that the amounts accumulated by the end of ten years, say, for several | 1880 |
| the parent choose whether the amounts would be paid directly to her child or children. | 1894 |
| The fact that the child owned the amounts would make him liable to pay income tax or | 1894 |
| deforming the ownership relation over amounts that should belong to the children. Although the | 1898 |
| before he reaches the age of majority, except to shelter such amounts from the parents' financial | 1918 |
| amounts accumulated in the investment account would suffice to constitute a transfer and it | 1932 |
| Second, care must be taken not to draft the gift so that it amounts to a gift of future property, | 1946 |
| which is null in such circumstances. For example, we could not make a gift of amounts to | 1948 |
| specific account, that is, the right to claim from the banking institution the amounts accumulated | 1950 |
| below, the right to receive the amounts accumulated in the account established under the | 1956 |
| that the amounts will be distributed to the children, we thought that one person common to all | 1964 |
| would distribute the amounts accumulated in the account to the child named on the account, no | 1970 |
| whereby they could transfer amounts to their children for their financial welfare. At the same | 1982 |
| investments presumed sound since the parents would continue to be the owners of the amounts . | 1984 |
| Amounts received before could be apparently be exempt from the | 2548 |
| |
|
ANADA...................1
|
| .. C anada child tax benefit | 48 |
| |
|
ANALOGY.................2
|
| For the same reasons and because, by analogy with this situation, a presumption in the trust | 608 |
| analogy , insurance payable to the succession or the assigns, heirs, liquidators or other legal | 2210 |
| |
|
ANALYSE.................2
|
| they are not forced to analyse the common law to be able to apply the rules. The concept of | 154 |
| Taking the above into consideration, our task is now to analyse the specific elements of the law | 192 |
| |
|
ANALYSED................4
|
| will be analysed and solutions proposed. | 68 |
| backwards in relation to the other situations that have been analysed , in the sense that the list of | 556 |
| Me Dominique Lafleur analysed these articles and reached the following conclusion: | 1444 |
| taxing income and capital gains in relation to matrimonial regimes has been analysed in André | 2362 |
| |
|
ANALYSES................1
|
| provinces is limited to reporting the analyses made by other authors. Furthermore, it does not | 2438 |