In 2012-0457741E5, the CRA confirmed that Canadian withholding and reporting obligations can potentially arise when two foreign corporations, holding taxable Canadian property, cease to exist in the course of a foreign amalgamation. In broad terms, a withholding and reporting…
In 2012-0432141R3, the CRA ruled that web-hosting services provided by a Canadian company (Canco) to a related non-resident company (USCo) would not constitute a permanent establishment (PE) of US Co in Canada. The facts disclosed that Canco would construct…
A recent newspaper article described a criminal prosecution commenced by the United States against a Swiss Bank. The charge alleged that the bank provided secret bank accounts to US citizens for the purpose of assisting those account holders in the…
In 2012-0470331E5, the CRA was asked whether a withholding tax exception was available under s. 116 where a non-resident seller holds real estate in Canada as part of the seller’s business inventory. The CRA confirmed that no such exception…
In 2012-0436781E5, the CRA was asked whether a payment received by Company A from Company B in exchange for giving up Company A’s share of leased office space was income (s. 9), a capital gain (s. 39), or an…
In MNR v. RBC Life Insurance Company, 2013 FCA 50, the Federal Court of Appeal (FCA) confirmed that it has the inherent power to prevent an abuse of the court process – including and perhaps especially by government agencies. …