Words and Phrases - "beneficial owner"
C & W Offshore Ltd. v. The King, 2026 TCC 40
The Canadian taxpayer (“C&W Offshore”) was contacted by one of its Canadian customers, Cedrill Canada, to procure replacements for mooring...
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|---|---|---|
| Tax Topics - General Concepts - Agency | equipment not subleased as agent for the lessor | 143 |
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(8) - Paragraph 227(8)(a) | due diligence defence not established where taxpayer had been oblivious to withholding tax issue | 248 |
Ellison v Sandini Pty Ltd, [2018] FCAFC 44
On September 21, 2010 the Australian Family Court made orders by consent between Mr and Ms Ellison that joined Sandini Pty Ltd (“Sandini”) as...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | family court order did not effect a change in beneficial ownership of a larger bloc of shares held by the original owner (and in any event, the order named the wrong person) | 768 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(1) - Paragraph 73(1)(b) | subjective belief of parties that family court orders were efficacious did establish that a share transfer to a spouse occurred “because of” them | 419 |
| Tax Topics - General Concepts - Evidence | a court order could not be interpreted in light of extrinsic evidence | 102 |
Minister of National Revenue v. Trans-Canada Investment Corporation Ltd., 55 DTC 1191, [1955] CTC 275, [1956] S.C.R. 49
The respondent bought shares in Canadian corporations and endorsed them to a trustee who in turn issued investment certificates to the respondent,...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | double (or triple) taxation may be intended | 163 |
| Tax Topics - Statutory Interpretation - Expressio Unius est Exclusio Alterius | 39 |
Strachan v. The Queen, 2014 DTC 1025 [at at 2645], 2013 TCC 362
In finding that the taxpayer's husband was the beneficial owner of two shares initially issued by a corporation, Rip CJ stated (at para. 23):
Mr....
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|---|---|---|
| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | shares issued from spouse's private corporation | 135 |
568864 B.C. Ltd. v. The Queen, 2014 TCC 373
The taxpayer - which was a member of group of companies that included a producer of exterior trim boards for construction ("W.L.") – earned...
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| Tax Topics - Income Tax Act - Section 79.1 - Subsection 79.1(2) | beneficial ownership in patents | 434 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | patents were acquired for future joint venture use | 202 |
Alberta Power (2000) Ltd. v. The Queen, 2009 DTC 1514, 2009 TCC 412
Although the taxpayer ("ATCO") continued to be the legal owner of a plant, the effect of the agreements between it and the Alberta government were...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | definition of "reimbursement;" exclusion for legal obligation from legitimate negotiations | 220 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | 56 | |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | amount was received in respect of impaired capital asset (which then was transferred to payor) rather than for lost profits | 183 |