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Category: Estates and Trusts (page 4)

Good news on trust reporting

Posted on: February 2, 2022 Last updated on: February 2, 2022 Written by: John Loukidelis
Neil Armstrong notes that the CRA will not require trust to provide additional beneficial ownership information for 2021 because the relevant legislation has not been enacted yet.
Continue reading “Good news on trust reporting”…

Trust Distributions to Non-resident Beneficiaries

Posted on: November 3, 2021 Last updated on: November 3, 2021 Written by: John Loukidelis
Subsection 107(5) prevents a Canadian-resident trust from making a distribution to a non-resident beneficiary on a tax-deferred basis under subsection 107(2). The CRA has stated that it will apply GAAR to a distribution to a Canadian corporate beneficiary controlled by…
Continue reading “Trust Distributions to Non-resident Beneficiaries”…

New trust reporting rules

Posted on: May 10, 2021 Last updated on: May 10, 2021 Written by: John Loukidelis
The new trust reporting rules require a trust to provide information about settlors, trustees and beneficiaries. The rules also require a trust to provide information about every person “who has the ability (through the terms of the trust or a…
Continue reading “New trust reporting rules”…

Trustees and acquisitions of control

Posted on: April 24, 2021 Last updated on: April 25, 2021 Written by: John Loukidelis
Under the Income Tax Act (Canada) (the “Act”),1 the acquisition of control of a corporation can cause a number of unwanted consequences, including a deemed year-end and the restriction or elimination of loss carry forwards. Practitioners need to be aware…
Continue reading “Trustees and acquisitions of control”…

Post-mortem charitable giving using corporate-owned insurance

Posted on: April 8, 2021 Last updated on: April 16, 2021 Written by: John Loukidelis
Mr X dies owning the shares of Opco. Opco receives a large payout under a life policy it held on X’s life. X’s Will provides for a gift to a charity. How does the estate make the gift using the…
Continue reading “Post-mortem charitable giving using corporate-owned insurance”…

Trusts and Dividends, Again

Posted on: April 7, 2021 Last updated on: April 7, 2021 Written by: John Loukidelis
The CRA believes that a dividend paid to a trust that is then paid to an individual during a year is not allocated until the end of the year (ie December 31 for inter vivos trusts) (CRA technical interpretation 2016-0647621E5,…
Continue reading “Trusts and Dividends, Again”…

Dividends paid to beneficiaryco

Posted on: January 20, 2021 Last updated on: January 20, 2021 Written by: John Loukidelis
The CRA takes the position that a dividend allocated by a trust is not paid until December 31. As a result, a trust beneficiaryco could be subject to Part IV tax if a target corporation pays a dividend through the…
Continue reading “Dividends paid to beneficiaryco”…

Estate loss carry back

Posted on: January 13, 2021 Last updated on: January 13, 2021 Written by: John Loukidelis
Has COVID-19 made it difficult or impossible for you, an estate executor, to dispose of capital property within the one-year deadline in subsection 164(6) because, say, courthouse staff have been unable to process probate applications in a timely manner? Then…
Continue reading “Estate loss carry back”…

Use of a cottage

Posted on: November 14, 2020 Last updated on: November 14, 2020 Written by: John Loukidelis
At the 2020 Canadian Tax Foundation Roundtable (question 7), the CRA was asked about a cottage owned by an alter ego trust or a joint spousal trust trust. Can the children of the trust’s beneficiaries use the cottage without being…
Continue reading “Use of a cottage”…

Change of trustee and acquisitions of control

Posted on: August 5, 2020 Last updated on: October 2, 2020 Written by: John Loukidelis
The CRA takes the position that, where a new individual becomes a trustee, a corporation controlled by the trust is controlled by a new group so that there will be an acquisition of control unless one of the exceptions in…
Continue reading “Change of trustee and acquisitions of control”…
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Related siblings under section 55

At the 2025 APFF conference, the CRA stated that the sisters in the following scenario would be related as per subparagraph 55(5)(e)(i): Sister A and Sister B each owned 100 percent of the shares of their respective holding corporations, whose…
Continue reading “Related siblings under section 55”…

Subsection 55(2) can be good actually

If subsection 55(2) applies to a dividend, and the cash related to the dividend needs to be paid to an individual shareholder anyway, the shareholder will likely be better off compared to the situation obtained when the subsection does not…
Continue reading “Subsection 55(2) can be good actually”…

Loans by a partnership to a partner

The CRA has generally held that a loan from a partnership to a partner will reduce the ACB of the partner’s partnership interest because of the “all-encompassing” language in subparagraph 53(2)(c)(v) of the Income Tax Act (Canada). The CRA has…
Continue reading “Loans by a partnership to a partner”…

Directors of a dissolved corporation

In 2008, I wrote an article for the Hamilton Law Association Journal that, among other things, addressed the status of directors of a corporation that has been dissolved. I referred to Leger v R, 2007 TCC 322, which held that,…
Continue reading “Directors of a dissolved corporation”…

DAC Investment

The authors discuss R v DAC Investment Holdings Inc., 2026 FCA 35, rev’g 2024 TCC 63. They conclude that, in a GAAR analysis, an overly-broad characterization of a provision or a mere description of its effect will not correctly express its object, spirit and purpose…
Continue reading “DAC Investment”…

Recent Posts

Related siblings under section 55

At the 2025 APFF conference, the CRA stated that the sisters in the following scenario would be related as per subparagraph 55(5)(e)(i): Sister A and Sister B each owned 100 percent of the shares of their respective holding corporations, whose…
Continue reading “Related siblings under section 55”…

Subsection 55(2) can be good actually

If subsection 55(2) applies to a dividend, and the cash related to the dividend needs to be paid to an individual shareholder anyway, the shareholder will likely be better off compared to the situation obtained when the subsection does not…
Continue reading “Subsection 55(2) can be good actually”…

Loans by a partnership to a partner

The CRA has generally held that a loan from a partnership to a partner will reduce the ACB of the partner’s partnership interest because of the “all-encompassing” language in subparagraph 53(2)(c)(v) of the Income Tax Act (Canada). The CRA has…
Continue reading “Loans by a partnership to a partner”…

Directors of a dissolved corporation

In 2008, I wrote an article for the Hamilton Law Association Journal that, among other things, addressed the status of directors of a corporation that has been dissolved. I referred to Leger v R, 2007 TCC 322, which held that,…
Continue reading “Directors of a dissolved corporation”…

DAC Investment

The authors discuss R v DAC Investment Holdings Inc., 2026 FCA 35, rev’g 2024 TCC 63. They conclude that, in a GAAR analysis, an overly-broad characterization of a provision or a mere description of its effect will not correctly express its object, spirit and purpose…
Continue reading “DAC Investment”…

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Archives

Categories

Recent Posts

Related siblings under section 55

At the 2025 APFF conference, the CRA stated that the sisters in the following scenario would be related as per subparagraph 55(5)(e)(i): Sister A and Sister B each owned 100 percent of the shares of their respective holding corporations, whose…
Continue reading “Related siblings under section 55”…

Subsection 55(2) can be good actually

If subsection 55(2) applies to a dividend, and the cash related to the dividend needs to be paid to an individual shareholder anyway, the shareholder will likely be better off compared to the situation obtained when the subsection does not…
Continue reading “Subsection 55(2) can be good actually”…

Loans by a partnership to a partner

The CRA has generally held that a loan from a partnership to a partner will reduce the ACB of the partner’s partnership interest because of the “all-encompassing” language in subparagraph 53(2)(c)(v) of the Income Tax Act (Canada). The CRA has…
Continue reading “Loans by a partnership to a partner”…

Directors of a dissolved corporation

In 2008, I wrote an article for the Hamilton Law Association Journal that, among other things, addressed the status of directors of a corporation that has been dissolved. I referred to Leger v R, 2007 TCC 322, which held that,…
Continue reading “Directors of a dissolved corporation”…

DAC Investment

The authors discuss R v DAC Investment Holdings Inc., 2026 FCA 35, rev’g 2024 TCC 63. They conclude that, in a GAAR analysis, an overly-broad characterization of a provision or a mere description of its effect will not correctly express its object, spirit and purpose…
Continue reading “DAC Investment”…

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