arrangement

29 May 2008 External T.I. 2007-0262591E5 F - Remboursement de sommes versées par erreur -- summary under Paragraph 8(1)(n)

After disability payments to the taxpayer, under the policy taken out by the employer with an insurer, were suspended, then retroactively restored. However, the insurer discovered that, in the interim, the taxpayer had started receiving a pension under the Quebec Pension plan and also had been granted a retroactive pension by the employer – so that it claimed reimbursements of the disability payments it had made for the same periods. CRA stated:

By services, 26 April, 2019

Canada v. Canadian Pacific Ltd., 2002 DTC 6742, [2002] 3 F.C. 170, 2002 FCA 98 -- summary under Transaction

The Crown argued that CP's act of denominating the debentures in Australian dollars was in and of itself a transaction and that it amounted to an “arrangement” under the s. 245(1) definition of "transaction" - and then argued that such "separate transaction", namely the designation of borrowing in Australian dollars, was entered into solely for tax purposes. In rejecting this submission, Sexton JA stated (at paras. 24-26):

5 October 2012 Roundtable, 2012-0454021C6 F - Expiration d'un arrangement -- summary under Subsection 6205(2)

An employee who subscribed directly for treasury shares, and subsequently transferred them to a new corporation could benefit from the Reg 6205(2) exclusion from ITA s. 110.6(8) to the extent that that transaction did not occur under the same arrangement. In this context, what is an "arrangement" and when is it can be considered to end? After referring to dictionary definitions of arrangement, CRA stated

30 September 1992 T.I. (Tax Window, No. 24, p. 18, ¶2180) -- summary under Paragraph 96(2.4)(d)

The word "arrangement" is open to very broad interpretation ranging from formal contracts to verbal understandings. S.96(2.4)(d) can apply where a partner disposes of his interest in a general partnership to another person for the sole purpose of limiting its liability, and one of the main reasons for the agreement or other arrangement for the disposition was avoidance of the application of s. 96(2.4)(a), (b) or (c).

By services, 28 November, 2015

Re Assaly and Minister of Revenue (1986), 56 OR (2d) 30 (HCJ) -- summary under Value of the Consideration

A corporation owned by the appellant entered into an agreement with him in 1981 to sell vacant land to him for a purchase price of $185,000 with the agreement of purchase and sale being conditional upon the appellant and the corporation entering into a building contract under which the corporation would construct condominium units on the land. The transfer was registered in 1983 after building work had been completed.

By services, 28 November, 2015

Apple Fields Ltd. v. New Zealand Apple and Pear Marketing Board, [1991] 2 WLR 129 (PC) -- summary under Term Preferred Share

S.27(1) of the Commerce Act 1986 (New Zealand) provided:

"No person shall enter into a contract or arrangement, or arrive at an understanding, containing a provision that has the purpose ... of substantially lessening competition in a market."

Lord Bridge stated (p. 134):

"'Arrangement' is a perfectly ordinary English word and in the context of section 27 involves no more than a meeting of minds between two or more persons, not amounting to a formal contract, but leading to an agreed course of action."

By services, 28 November, 2015

Davidson v. R., 99 DTC 933, [1999] 3 CTC 2159 (TCC) -- summary under Paragraph 15(2.4)(f)

Before finding that a loan made by a family company to the taxpayer to finance the acquisition of a home satisfied the requirements for bona fide arrangements for repayment (based on evidence that the taxpayer and her husband intended that the loan would be repaid through the proceeds of a dividend to be made within five years of the date of advance). Bowie TCJ.

arrangement