Subsection 247(2)
Cases
AgraCity Ltd v. Canada, 2016 DTC 5006 [at 6525], 2015 FCA 288
The taxpayer (“AgraCity”) was wholly-owned by Jason Mann. A Barbados corporation ("NewAgco-Barbados") was wholly-owned by a second...
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|---|---|---|
| Tax Topics - Other Legislation - Federal - Tax Court Rules - Section 53 | inconsistent assessments of related taxpayers | 240 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) | inconsistent assessments of related taxpayers | 180 |
| Tax Topics - Other Legislation - Federal - Tax Court Rules - Section 82 | inconsistent assessments of related taxpayers | 307 |
Canada v. GlaxoSmithKline Inc., 2012 DTC 5147 [at 7338], 2012 SCC 52, [2012] 3 S.C.R. 3
The taxpayer purchased an active pharmaceutical ingredient from an affiliated non-resident corporation ("Adechsa") for approximately five times...
Canada v. General Electric Capital Canada Inc., 2011 DTC 5011 [at 5558], 2010 FCA 344
The Minister disallowed the deduction by the taxpayer of guarantee fees paid by it to its US parent. The fees were calculated as 1% of the face...
See Also
Suncor Energy Inc. v. The Queen, 2014-4179(IT)G
Petro-Canada U.K. Limited (“PCUK”), which carried on its energy business in the U.K., was wholly owned by Holdings UK, which was wholly-owned...
ENMAX Energy Corp. v. Alberta, 2016 ABQB 334
An Alberta utility (EEC) was required to make payments to the province equal to the provincial and federal income tax to which it would have been...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 11.5% interest rate on unsecured intercompany note was reasonable under s. 20(1)(c) notwithstanding that this exceeded an arm’s length rate of around 8.5% | 483 |
| Tax Topics - Income Tax Act - Section 67 | Gabco test implies a range | 110 |
Re Nortel Networks Corp., 2014 ONSC 6973
Under Nortel's transfer pricing methodology, the entities performing R&D, including Nortel itself and a UK subsidiary, were entitled to all...
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|---|---|---|
| Tax Topics - Treaties - Article 9 | provision, under multinational agreement for residual profit split method, for unilateral bearing of restructuring costs, represented appropriate ex ante risk allocation | 446 |
AgraCity Ltd. v. The Queen, docket 2014-1537
In her Reply, the Minister alleged that a Barbados corporation ("NewAgco") which did not deal at arm's length with the taxpayer, took over a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | Reply must explain specific bases on which a penalty was imposed | 240 |
| Tax Topics - Other Legislation - Federal - Tax Court Rules - Section 53 | argument inconsistent with assumed facts struck from pleadings, but might be reintroduced at trial as an alternative argument | 168 |
McKesson Canada Corporation v. The Queen, 2014 DTC 1197 [at 3749], 2014 TCC 266
Boyle J, after finding in McKesson that the taxpayer had been selling its trade receivable to its immediate Luxembourg parent (MIH) at discounts...
Marzen Artistic Aluminum Ltd. v. The Queen, 2014 DTC 1145 [at 3433], 2014 TCC 194, aff'd 2016 DTC 5018 [at 6600], 2016 FCA 34
In 2000 and 2001 the Canadian-resident taxpayer, which manufactured windows in British Columbia, paid Cdn.$4.2M and Cdn.$7.8M in fees under a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(4) | no explanation of derivation of pricing | 111 |
McKesson Canada Corporation v. The Queen, 2014 DTC 1040 [at 2723], 2013 TCC 404
With "the predominant purpose...of...the reduction of its Canadian tax on its profits" (para. 18), the taxpayer, which was an indirect Canadian...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | expert reports without testimony | 56 |
| Tax Topics - General Concepts - Purpose/Intention | tax purpose v. commercial result | 92 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(4) | advocacy 3rd-party report not read by taxpayer | 163 |
| Tax Topics - Treaties - Article 9 | 5-year limitation did not apply to secondary Part XIII assessment | 206 |
Burlington Resources Finance Company v. The Queen, 2013 DTC 1190, 2013 TCC 231
This decision concerned motions to amend or strike pleadings.
The taxpayer, a Nova Scotia unlimited liability company, raised U.S.$3 billion in...
Alberta Printed Circuits Ltd. v. The Queen, 2011 DTC 1177 [at 967], 2011 TCC 232, 2011 TCC 305
The Canadian taxpayer was in the business of printing custom electronic circuits. Pizzitelli J. found that the taxpayer was not dealing at arm's...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | common interests and implementation | 352 |
| Tax Topics - Treaties - Article 26 | 96 | |
| Tax Topics - Treaties - Article 9 | 96 |
Ford Motor Co. of Canada, Ltd. v. Ontario Municipal Employees Retirement Board, 2004 DTC 6224 (Ont. Sup. Ct. of J.)
In the context of a determination of what was the fair value of shares held by minority shareholders of a Canadian auto subsidiary ("Ford Canada")...
Safety Boss Ltd. v. The Queen, 2000 DTC 1767 (TCC)
Because of the reputation and the prior personal contacts of the taxpayer's shareholder ("Miller") with officials of the Kuwait Oil Company, in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | conferral on corp increasing its value is benefit conferred on shareholder | 149 |
| Tax Topics - Statutory Interpretation - Interpretation Bulletins, etc. | 53 |
Administrative Policy
14 September 2016 Internal T.I. 2016-0631631I7 - Transfer pricing capital adjustment
In Year X , Canco buys a non-depreciable capital property from its non-resident parent (Forco) for $10,000,000, sells the property for $15,000,000...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(3) | no statute-barring applies to initial assessments of transfer-pricing penalties | 326 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(11) | s. 152(4) limits apply to additional s. 247(3) assessments | 161 |
16 November 2016 Toronto Centre Canada Revenue Agency & Tax Professionals Seminar on International Tax Issues
Points included:
- BEPS Actions 8 to 10 (re transfer pricing) were examined and determined to not require any changes to the s. 247 rules, and the...
2015 Ruling 2014-0542411R3 - Carrying on business in Canada and PE
Various ForCo employees are key to large construction “Projects” of its Canadian sister. They will be “seconded” to the ForCo, so that...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Article 5 | PE in Canada of ForCo avoided through seconding employees to its Cdn sister and meeting in Canada up to 90 days annually only offsite | 533 |
| Tax Topics - Income Tax Regulations - Regulation 102 | payroll reimbursement payments under employee secondment arrangement not subject to Reg. 105 | 205 |
| Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) | seconded employees respected as employees notwithstanding their payroll is paid by (and reimbursed to) ForCo | 59 |
TPM-17 “The Impact of Government Assistance on Transfer Pricing” 2 March 2016
4. When a cost-based transfer pricing methodology is used to determine the transfer price of goods, services, or intangibles sold by a Canadian...
23 February 2016 Toronto Centre Tax Professionals Seminar under “Perception that BEPS is Being Applied”
In response to a question respecting a “perception that BEPS is already in the process of being applied by auditors,” CRA stated...
1 September 2015 Internal T.I. 2013-0507381I7 - Transfer pricing adjustments and gross revenue
CRA considered that an upward adjustment to a Canadian resident’s sales proceeds – but not a downward adjustment to its purchase price for...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 402 - Subsection 402(3) | s. 247(2) increases to proceeds (but not downward adjustments to purchase prices) increase gross revenue for provincial allocation purposes | 233 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Gross Revenue | sales (but not purchases) transfer pricing adjustments to gross revenue | 45 |
TPM-16 "Role of Multiple Year Data in Transfer Pricing Analyses" 29 January 29 2015
Selecting the most appropriate point in the range
28. When several comparable transactions or results are acceptable, an arm's length range will...
TPM-15 "Intra-group services and section 247 of the Income Tax Act" 29 January 2015
Direct v. indirect charges
10. … The direct charge method attaches a specific charge to each identifiable service. The indirect charge method...
3 October 2014 Internal T.I. 2014-0532051I7 - Rent and Part XIII Tax
A non-resident individual not carrying on business in Canada leases a Canadian property to a related resident individual at less than fair market...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) | non-commercial arrangement not subject to s. 247 but is subject to Part XIII/property taxes included in rent/no Part XII tax on imputed rent | 247 |
| Tax Topics - Income Tax Act - Section 3 - Business Source/Reasonable Expectation of Profit | rents from personal rental property not required to be reported | 112 |
10 October 2014 APFF Roundtable Q. 26, 2014-0538201C6 F - 2014 APFF Roundtable, Q. 26 - Cost of property
On a non-arm's length transfer of capital property by a non-resident in favour of a resident Canadian, whether by donation or disposition, what...
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|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Shares | arm's length transfer price prevails over FMV | 182 |
15 November 2013 Internal T.I. 2013-0478621I7 F - Transfer of intangibles - TP adjustments
Pursuant to a sales agreement between Canco, its immediate non-resident parent (Parent) and the ultimate U.S. parent of Canco (Publico), as...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | secondary adjustment re group sale with Canco not charging for intangibles | 294 |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(4) | must engage direct parent | 154 |
31 October 2012 TPM-14 "2010 Update of the OECD Transfer Pricing Guidelines"
After noting that in the 2010 version of the OECD Transfer Pricing Guidelines "there is no strict hierarchy to be applied to the selection of a...
6 December 2011 TEI-CRA Liason Meeting Roundtable Q. 11, 2011-04273091C6
As many treaties have limitation periods for making assessments, CRA considers it inadvisable to delay making a Part XII tax assessment arising...
6 December 2011 TEI-CRA Liason Meeting Roundtable Q. 6, 2011-0427261C6 - 2011 TEI-CRA Liaison Meeting: Qu. 6
As part of a discussion of the advance pricing agreement program, CRA stated:
We have determined that business restructuring cases are not...
6 December 2011 TEI-CRA Liason Meeting Roundtable Q. 10, 2011-0427291C6 - 2011 TEI-CRA Liaison Meeting: Qu. 10
As part of a response to a query that noted that CRA auditors often raise potential transfer pricing adjustments simply because it is easy to do...
6 December 2011 TEI-CRA Liason Meeting Roundtable Q. 12, 2011-0427311C6 - 2011 TEI-CRA Liaison Meeting: Qu.12
After noting that (in comparison to the 1995 version) the 2010 version of the OECD Transfer Pricing Guidelines did not so much de-emphasize the...
TPM-06 "Bundled Transactions" 16 May 16 2005
Even though there is no explicit reference to a bundled transaction or a requirement to separately price property or services in the Act (other...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Article 12 | 166 |
1999 TEI Roundtable, 1999-0010070
Where a Canadian parent corporation and its U.S. subsidiary participate in a shared credit facility and each guarantees the loan made to the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 64 |
Articles
Justice Marshall Rothstein, "An Overview of the Supreme Court of Canada", Bulletin for International Taxation (IBFD), January/February 2016, p. 20.
OECD guidelines (p. 24)
The OECD Guidelines do, however, have persuasive force in Canada. In Glaxo [2012 SCC 52], the provision of the Income Tax...
Derek G. Alty, Brian M. Studniberg, "The Corporate Capital Structure: Thin Capitalization and the ‘Recharacterization' Rules in Paragraphs 247(2)(b) and (d)", Canadian Tax Journal, (2014) 62:4, 1159-1202.
Dropping of explicit "recharacterization" reference and addition of non-tax purpose test to revised s. 247(2) (p. 1168)
In response to criticism...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Article 9 | 770 |
Ilana Ludwin, "Application of the Transactional Profit Split Method in Canada", Tax Management International Journal, 2015, p. 98.
Release of OECD Discussion Draft of TPSM (p. 98)
The Organisation for Economic Co-operation and Development (OECD) recently released its draft...
Mark D. Brender, Marc Richardson Arnould, Patrick Marley, "Cross-Border Cash-Pooling Arrangements Involving Canadian Subsidiaries: A Technical Minefield", Tax Management International Journal, 2014, p. 345.
Cash pooling description (p.345)
[W]e will examine a typical cash-pooling arrangement involving a Canadian subsidiary of a multinational group....
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|---|---|---|
| Tax Topics - Income Tax Act - Section 17 - Subsection 17(7) | 256 |
J. Harold McClure, "Evaluating Whether a Distribution Affiliate Pays Arm's-Length Prices for Mining Products", Journal of International Taxation, July 2014, p. 33.
Development of Berry ratio (p. 37)
E.I. DuPont de Nemours & Co., 608 F.2d 445 (Ct. CL, 1979), was an influential transfer pricing case. As an...
Jules Lewy, Joel A. Nitikman, "Important Developments in Canadian Transfer Pricing", CCH Tax Topics, Number 2185, January 23, 2014, p. 1
Commissions charged by Elk to Japanese affiliate for securing logs (p.4)
Elk Trading [fn 5: Joel A. Nitikman was counsel for Elk.]
This appeal was...
Brian Bloom, François Vincent, "Canada's (Two) Transfer-Pricing Rules: A Tax Policy and Legal Analysis", 2011 CTF Conference Report, 20:1-40.
Objective of s. 247
20:3 The main objective in introducing new part XVI.1 [of the Act] was to enshrine the ALP [arm's length principle] in the...
Robert Couzin, "Policy Forum: The End of Transfer Pricing?", Canadian Tax Journal, (2013) 61:1, 159-78, at 172: He compares the approach to recharacterization in s. 247 of the Act and by the OECD:
[There is] the occasional need to "recharacterize" a transaction, as is permitted under the OECD guidelines where the transaction differs from...
Robert Feinschreiber, Margaret Kent, "OECD Transfer Pricing Guidelines and the 'Highly Uncertain' Valuation of Intangibles", Journal of International Taxation, February 2012, p. 47
Includes in Exhibit 2 a list of transfer pricing issues for the pharmaceutical industry which the OECD should address.
Richard G. Tremblay, "Canadian Transfer Pricing - The Arm's-Length Principle - Filling in the Blanks - Does an Arm's Length Price Ever Differ From Fair Market Value?", Tax Management International Journal, 2011, p. 599
The answer is "yes."
Johan Mayles, "CRA to Adopt OECD's Revised Transfer Pricing Guidelines", CCH Tax Topics, No. 2036, 17 March 2011, p.1
Review of comments of Jennifer Ryan, Director of International Tax division of the CRA at 24 February 2011 OBA section meeting - "CRA adheres to...
Danny Oosterhoff, Bo Wingerter, "The New OECD Guidelines: The Good, the Bad and the Ugly", International Transfer Pricing Journal, Vol. 18, No. 2, March/April 2011, p. 103.
Janice McCart, "Repatriation in Lieu of Secondary Adjustments", International Transfer Pricing Journal, Vol. 17, No. 1, January/February 2010, p. 65
Giammarco, Cottani, "OAC Discussion Draft on Transfer Pricing Aspects of Business Restructurings", Summary of Business Comments and Issues for Discussion", International Transfer Pricing Journal, Vol. 16, No. 4, 2009, p. 231.
Jennifer Rhee, "Unmasking 'Management Fees' - What's in a Name?", CCH Tax Topics, No. 1897, July 17, 2008, p. 1.
Brian Bloom, "Paragraph 247(2)(b) Demystified", CCH Tax Topics, 11 May 2006, No. 1783, p. 1.
Muris Dujsic, Matthew Billings, "Establishing Interest Rates in Intercompany Contacts", International Transfer Pricing Journal, Vol. 11, No. 6, November/December 2004, p. 247.
Todd Miller, Ryan Morris, "Canadian Subsidiary Guarantees for Foreign Parent Borrowings", Tax Notes International Vol. 34, No. 1, 5 April 2004, p. 63.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(2) | 0 |
Bruce Sinclair, Robert Kopstein, "Guaranteed to Enlighten: The Impact of Guarantees on Financing Arrangements", 2000 Conference Report, c. 22.
Richard G. Tremblay, James Fuller, "Tax Consequences of Cross-Border Guarantee Fees", International Tax Planning, Vol. X, No. 3, 2001, p. 716.
Ivan Williams, "Contract Manufacturing Strategies: Tax-Saving Options for Intercompany Profit Allocation", Tax Topics, 21 March 2002, No. 1567, p. 1.
Robert Turner, "Cost Contribution Agreements", International Transfer Pricing Journal, 2001 Vol. 8, No. 3, p. 89.
Robert Turr, "Practical Application of Transactional Profit Methods", International Transfer Pricing Journal, Vol. 7, No. 5, September/October 2000, p. 184.
Jack Bernstein, "Transfer Pricing in Canada", Bulletin for International Fiscal Documentation, Vol. 53, No. 12, 1999, p. 570.
Janice McCart, Emma Purday, "What's The Deal? - Canada's New Rules on Arm's Length Pricing and Bundled Transactions", Tax Management International Journal, Vol. 28, No. 10, 8 October 1999, p. 633.
F. Vincent, I.M. Freedman, "Transfer Pricing in Canada: The Arm's Length Principle and the New Rules", 1997 Canadian Tax Journal, Vol. 45, No. 6, p. 1213.
Tipping, "British Bankers Comment on OECD's Draft on Global Trading of Financial Instruments", Tax Notes International, Vol. 15, No. 14, 6 October 1997, p. 1119.
Subsection 247(3)
Administrative Policy
14 September 2016 Internal T.I. 2016-0631631I7 - Transfer pricing capital adjustment
In Year X , Canco buys a non-depreciable capital property from its non-resident parent (Forco) for $10,000,000, sells the property for $15,000,000...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | s. 247(2) ACB adjustment can be made in statute-barred year | 271 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(11) | s. 152(4) limits apply to additional s. 247(3) assessments | 161 |
TPM-09 Reasonable efforts under section 247 of the Income Tax Act, September 18, 2006
- When preparing documentation the taxpayer should attempt to weigh the significance of the transactions in relation to their business with the...
Articles
Michael Colborne, Michael McLaren, Mark Barbour, "Subsection 247(3): What are "Reasonable Efforts"?", Canadian Tax Journal, (2016) 64:1, 229-43
Dictionary meaning of “reasonable efforts” (p. 236)
On the basis of these definitions, we believe that the ordinary meaning of "reasonable...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(4) | 91 |
Subsection 247(4)
See Also
Marzen Artistic Aluminum Ltd. v. The Queen, 2014 DTC 1145 [at 3433], 2014 TCC 194, aff'd 2016 DTC 5018 [at 6600], 2016 FCA 34
"Marketing fees" paid by taxpayer to its Barbados subsidiary were found to be well in excess of the arm's length amount mandated by s. 247(2). ...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | separate entity approach endorsed | 521 |
McKesson Canada Corporation v. The Queen, 2014 DTC 1040 [at 2723], 2013 TCC 404
FCA appeal settled.
The only documentary support for the discount at which the taxpayer sold receivables to its Luxembourg parent (which Boyle J...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | expert reports without testimony | 56 |
| Tax Topics - General Concepts - Purpose/Intention | tax purpose v. commercial result | 92 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | terms adjusted within framework of transaction chosen by taxpayer | 928 |
| Tax Topics - Treaties - Article 9 | 5-year limitation did not apply to secondary Part XIII assessment | 206 |
Administrative Policy
29 November 2016 CTF Roundtable Q. 9, 2016-0669801C6 - BEPS Action Item 13
Does CRA expect that the “reasonable efforts” that a taxpayer must make to determine and use arm’s length transfer prices include the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 233.8 - Subsection 233.8(3) | no requirement to produce a Local or Master File | 77 |
TPM-05R – Requests for Contemporaneous Documentation 28 March 2014
9. [issuance of requests] Requests for contemporaneous documentation must be issued at the stage of initial contact with the taxpayer in all...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Interpretation Act - Section 26 | 44 | |
| Tax Topics - Statutory Interpretation - Interpretation Act - Section 28 | 99 |
Articles
Michael Colborne, Michael McLaren, Mark Barbour, "Subsection 247(3): What are "Reasonable Efforts"?", Canadian Tax Journal, (2016) 64:1, 229-43
Standalone report not required/may be no assumptions and policies (p. 232)
[T]he statute does not require that the taxpayer condense all of the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(3) | 433 |
Martin Przysuski, Srini Lalapet, "Appropriate Canadian Transfer Pricing Documentation", Tax Notes International, 3 October 2005, p. 55.
Subsection 247(7)
Articles
Brian Bloom, "A Policy of Disengagement: How Subsection 247(2) Relates to the Act's Income- Modifying Rules", CCH Tax Topics, No. 1957, 10 September 2009, p. 1.
Subsection 247(7.1)
Administrative Policy
31 March 2014 External T.I. 2013-0515661E5 - Subsection 247(7.1) coming into-force rule
The election [in the coming-into-force provision] is intended to provide a taxpayer the benefit of an exception to the transfer price adjustment...
Articles
Geoffrey S. Turner, "Downstream Loan Guarantees and Subsection 247(7.1) Transfer Pricing Relief", CCH Tax Topics, No. 2166, September 12, 2013, p.1:
Narrowness of (active business) requirement of s. 247(5.1) (p. 2)
The proposed subsection 247(7.1) relief from transfer pricing requirements will,...
Subsection 247(8)
Administrative Policy
19 December 2013 Internal T.I. 2013-0490751I7 - Adjustment to a taxpayer`s CDA
The taxpayer, which was a private corporation, disposed of eligible capital property to a non-arm's-length non-resident sister company...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account | s. 247(2) increase to ecp proceeds increased CDA on transaction effective date | 87 |
Subsection 247(10)
Administrative Policy
Update - Competent Authority Services Division, 20 December 2013
Where a Canadian entity requests a reduction of its Canadian taxable income (downward transfer pricing adjustment) where the request relates to a...
Memorandum TPM-03 "Downward Transfer Pricing Adjustments Under Subsection 247(2)," 20 October 2003
The Minister may decide not to exercise his discretion under s. 247(10) where a Canadian company requests a decrease in the transfer price of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 98 |
Articles
Nathan Boidman, "Canadian Approach to Downward Pricing Adjustments: CCRA's 18 March 2003 Communiqué", International Transfer Pricing Journal, Vol. 10, No. 5 2003, p. 181.
Subsection 247(11)
Administrative Policy
14 September 2016 Internal T.I. 2016-0631631I7 - Transfer pricing capital adjustment
In the situation where Canco acquired a non-depreciable capital property in Year X from an affiliate at a price that was substantially in excess...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | s. 247(2) ACB adjustment can be made in statute-barred year | 271 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(3) | no statute-barring applies to initial assessments of transfer-pricing penalties | 326 |
Subsection 247(12)
Administrative Policy
19 November 2014 Internal T.I. 2014-0530911I7 F - Transfer pricing secondary adjustments
An expense is incurred by a non-resident corporation, which carries on business in Canada through a permanent establishment, and paid to a...
TPM-02 "Repatriation of funds by Non-residents – Part XIII assessments" 27 March 2003
Repatriation must be completed within 180 days from the time the repatriation agreement is signed.
Repatriation can be accomplished...
Articles
Joel A. Nitikman, "Section 247 – Secondary Adjustments, Deemed Dividends, Repatriation and Interest", International Tax Planning (Federated Press), Vol. XVIII, No.1, 2012, p. 1224, at p.1225
Where Canco pays an excessive amount to a Forper [namely, a particular non-resident person] that is a non-resident sister corporation in the same...
Subsection 247(13)
Articles
Joel A. Nitikman, "Section 247 – Secondary Adjustments, Deemed Dividends, Repatriation and Interest", International Tax Planning, Vol. XVIII, No.1, 2012, p. 1224, at p. 1226:
It is not clear why the reduction is only for the amount that the Minister considers appropriate....The Joint Committee recommended that the...