The Trustee Act and asset protection/creditor-proofing opportunities for owners of private corporations *

Canada - October 10 2012
The unexpected death of a business owner could mean that his or her estate trustees will come to hold legal title to all, if not a controlling portion of, the issued and outstanding shares in the capital of an operating company.

Co-authors: Martin J. Rochwerg.

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CRA provides additional insights into NPO tax exemption *

Canada - May 31 2012
In a recent technical interpretation, the Canada Revenue Agency (CRA) addressed several questions relating to the tax exemption for non-profit organizations (NPOs) under paragraph 149(1)(l) of the Income Tax Act (Canada). 

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The final word: the Supreme Court’s decision in Fundy Settlement v. The Queen and the Residence of Offshore Trusts *

Canada - May 25 2012
Prior to the Tax Court of Canada’s decision in Garron Family Trust et al. v. The Queen, 2009 TCC 450 [Garron], according to many legal professionals, a trust was resident in the jurisdiction in which a majority of its trustees resided.

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Important new additions to the Canada Revenue Agency (“CRA”) Charities Directorate website *

Canada - January 30 2012
The CRA’s Charities Directorate recently added two new and useful features to its website.

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The meaning of “public benefit”: U.K. tribunal affirms trustee discretion in meeting public benefit test *

United Kingdom - December 29 2011
The Upper Tribunal of the United Kingdom Tax and Chancery Chamber recently released its decision in The Independent Schools Council v. The Charity Commission for England and Wales.

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