The authors note a number of significant issues with 55(3.1)(c): What is a series of transactions? (55(3.1)(c)(i)) What is considered the ordinary course of business? (subclause 55(3.1)(c)(i)(A)(I)) How is the 10% allowable threshhold determined? (pre- and postamble to 55(3.1)(c) and…
Valuations and the normal reassessment period
In Lauria v R, 2021 TCC 66, the taxpayers used a model from a shareholder agreement to value shares they sold to family trusts although an IPO of the issuer of the shares was imminent. The Court found that the…
Written Resignation of a Director
In Cliff v Canada, 2022 FCA 16, aff’g an unreported decision of Rossiter, CJ, on other grounds, the appellant argued that she was not liable for the unremitted HST of a corporation as one of its directors because she had…
Retiring allowance and RRSP room
In Wyrstiuk v. The Queen, 2022 TCC 10 (informal procedure), the Court held that a retiring allowance is not ‘earned income’ for the purposes of computing RRSP contribution room.
CRA interviews
The 2021 Federal budget proposed to amend the Income Tax Act (Canada) to permit the CRA to demand interviews with owner-managers and their employees. The authors note the potential for mischief or worse where an auditor interviews an unprepared owner-manager…
Shareholder loan repayment after death
In technical interpretation 2012-0442911C6 (June 2012), the CRA confirmed that subsection 15(2.6) will apply to prevent the amount of a shareholder loan from being included in the shareholder’s income if his estate repays the loan before the end of the…
Reassessment beyond the normal reassessment period
This article discusses Hansen v R, 2020 TCC 102. In our view, the Hansen decision is consistent with the four-part test established in Aridi v R, 2013 TCC 74. Mr. Hansen was aware that there was a PRE and that…
Gifts by Will
S 161(7) provides that interest on taxes payable for a year should be computed without reference to any reduction of tax payable resulting from the carryback of donation credits where a gift is made in a subsequent taxation year. The…
82(3) elections and TOSI
This articles review the interaction of the subsection 82(3) election and the TOSI rules. “n the CRA’s view, the correct method of applying the two provisions is to allocate receipt of the dividends in accordance with subsection 82(3) and then…
CRA problems with 55(3)(a) butterflies
The CRA might apply the GAAR to a 55(3)(a) butterfly if A + B > C where A is the ACB of the remaining shares in the capital of DC after the butterfly B is the ACB of the DC…