To determine whether an employee is not dealing at arm's length
with the employer, the CRA looks at a long list of factors.
These provisions allowed for adjustments to conform to what "would have been reasonable in the circumstances if the non-resident person and the taxpayer had been dealing at arm's length
Cash management and other intercompany services provided at arm's length
did not constitute a unitary flow of value.
83-7T(a) states, "a sale or other disposition of [an] option to a person related to the service provider "is, per se, not at arm's length
12) An exception to making the deferred income method election is provided where the taxpayer can demonstrate that the controlled transaction was at arm's length
under CUT or CUP.
1) For many taxpayers, obtaining an APA will doubtlessly reduce the uncertainty in ascertaining whether a particular price will be deemed to satisfy the requirement of dealing with related parties as though at arm's length
The SJC determined that the report by an outside professional appraiser was reasonable and satisfied the requirement that royalty rates were determined to be at arm's length
Inasmuch as a pricing case is normally factual, the taxpayer's evidence typically shows that the disputed amount would have been reasonable in the circumstances had the parties been dealing at arm's length
Although the statute itself does not establish an arm's-length standard, current Treasury Regulations provide that "[t]he standard to be applied in every case is that of an uncontrolled taxpayer dealing at arm's length
with another uncontrolled taxpayer.
If the option is disposed of before it is exercised, the tax treatment of the transaction depends on whether the disposition is at arm's length
CPI is premised on the idea that if the income of a controlled taxpayer is adjusted by reference to the level of income of comparable uncontrolled taxpayers, and the controlled transaction price is adjusted to produce that level of income, then the resulting adjusted price is the one that would have been agreed to by an uncontrolled taxpayer dealing at arm's length
Although the court questioned UCC's judgment in entering into the contract, it found the contract to be negotiated at arm's length
and stated that the charity "drove (so far as the record shows) the best bargain that it could, but it was not a good bargain.
14) This pattern, for example, is seen in Canada where subsections 69(2) and (3) of the Canadian Income Tax Act require prices that "would have been reasonable had the parties been dealing at arm's length
The written agreement, which was negotiated at arm's length
, provides the physician with reimbursement for moving expenses and professional liability "tail" coverage for his former practice, and guarantees the physician's private practice income for a limited number of years.
This analysis effectively attributes to taxpayers engaged in related-party transactions an amount of operating income somewhere within a range -- referred to as the "comparable profit interval" (CPI) -- that the taxpayers would have earned had their performance been equivalent to comparable businesses operating at arm's length