"The Department will apply the Supreme Court's findings [in Duha] that, outside of the constating documents of a corporation and its share register, Unanimous Shareholder Agreements are generally the only relevant documents that need to be examined in determining de jure control." RC would generally seek to apply GAAR when temporary control of a corporation is acquired in order to take advantage of tax benefits.
"The Department recognizes that a start-up period often involves incurring extra costs in order to get a business up and running but taxpayers should not assume that two or three years of start-up costs will automatically be accepted."
If there is a bona fide partnership and the partners are jointly and severally liable for the partnership debts, RC will view the partnership as the debtor for purposes of s. 18(4), i.e., s. 18(4) will not apply.
