In 3792391 Canada Inc. v R, 2023 TCC 37 (informal procedure), the Canadian tenant of a residential unit paid rent to a resident of Italy for six years without remitting tax under Part XIII of the Income Tax Act (Canada).…
PRE and COVID
The CRA has stated that a residence outside of Canada that was not be used in 2020 and 2021 because of COVID travel restrictions and advisories likely would not be “ordinarily inhabited” in those years for the purposes of the…
Attribution in action
Suppose that A and B are spouses, that they purchase a cottage together for $400,000 and that A contributes $100,000 toward the satisfaction of that purchase price. The balance is financed, with A and B paying the principal and interest…
Charter success
In McCartie v The King, 2024 TCC 16, the Court, in a 158-paragraph judgment, held that the Crown, in the taxpayer’s Tax Court appeal, would not be able to rely on evidence gathered in violation of the taxpayer’s Charter rights,…
Interest relief decisions
In two recent cases—Brand v Canada (Attorney General), 2024 FC 159, and Cassidy v Canada (Attorney General), 2024 FC 174—the Federal Court sent back CRA decisions denying relief for reconsideration because the decisions in question had failed to consider adequately…
Time out
Joel Nitikman, in “Just the Fax Ma’am: A day late and a dollar short? A comment on Popovich” Tax Topics No 2074 (May 7, 2024), discusses in some detail Popovich v R, 2024 TCC 44, which analyzes the rules for…
Residence of a trust
In Theodoros Darmos Family Trust v. Minister of Finance et al., 2023 ONSC 6431, the Court was called upon to determine whether two family trusts were resident in Alberta or Ontario. After conducting a detailed review of the relevant facts,…
Easier access to My Account
Life is easier for a tax adviser if a client has access to his or her “My Account“, not least because the client can add the adviser as an authorized representative quickly and easily. (In fact, the CRA is making…
Source of income
In Stackhouse v R, 2023 TCC 156, Owen J carefully considered comments in Brown v Canada, 2022 FCA 200, and found that they improperly intepreted the test used in Canada v Paletta, 2022 FCA 86, for determining whether a source…
Accessing stranded ACB ok under GAAR
In 3295940 CANADA INC. v R, 2024 FCA 42, the taxpayer appealed the application of the GAAR to a series of transactions that used ACB in shares of a corporation that the purchaser refused to purchase. The transactions, in effect,…