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LPC Notes (page 2)

Enns – section 160 inapplicable

Posted on: January 24, 2025 Last updated on: January 24, 2025 Written by: John Loukidelis
Peter Enns, a tax debtor, designated his wife, Marlene, as the sole beneficiary of his RRSP. Peter died without paying his tax debt, and so the CRA assessed Marlene under section 160 on the basis that she was Peter’s “spouse”…
Continue reading “Enns – section 160 inapplicable”…

Acquisition of Control (AOC)

Posted on: January 23, 2025 Last updated on: January 16, 2025 Written by: John Loukidelis
The CRA addressed AOCs in Question 17 of the 2024 APFF Round Table. 50/50 shareholders of Opco (A and B) are presumed to act in concert to control Opco. If they sell one-third of Opco’s shares to a third person…
Continue reading “Acquisition of Control (AOC)”…

84(2.31) and De Facto Control

Posted on: January 20, 2025 Last updated on: January 16, 2025 Written by: John Loukidelis
The CRA and the courts will need to adopt a narrower definition of de facto control for the purposes of subsection 84.1(2.31), if its policies objectives are to be met. The subsection, among other things, requires parents to give up…
Continue reading “84(2.31) and De Facto Control”…

Trust reporting rules under the August 2024 draft legislation

Posted on: January 16, 2025 Last updated on: January 16, 2025 Written by: John Loukidelis
The following seems to capture the logic of the trust reporting rules, as amended by the August 12, 2024, draft legislation, including the rules that will apply to “bare trusts” for years ending after December 30, 2025. Is the arrangement…
Continue reading “Trust reporting rules under the August 2024 draft legislation”…

Taxpayer obligated to produce documents

Posted on: December 30, 2024 Last updated on: December 19, 2024 Written by: John Loukidelis
In Robillard v R, 2024 TCC 90, the taxpayer-appellant, based on a decision of the Alberta District Court from 1974, argued that he was not required to produce documents to the CRA under sections 231.1 and 231.2. The Tax Court…
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Loss carry back and interest

Posted on: December 23, 2024 Last updated on: December 19, 2024 Written by: John Loukidelis
In Bank of Nova Scotia v R, 2024 FCA 192, the Court held that interest on a taxpayer balance owing should be calculated from the balance due date for a year to the date of a loss carry back request.…
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Sale of shares on income account

Posted on: December 19, 2024 Last updated on: December 19, 2024 Written by: John Loukidelis
In Rudolph v R, 2024 TCC 148, the Tax Court held that the taxpayer had not disposed of shares in 2007 as alleged by the CRA. Instead, the taxpayer had received a loan from the purchaser in 2007 that was…
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Deemed proceeds of an asset

Posted on: November 12, 2024 Last updated on: November 7, 2024 Written by: John Loukidelis
In 0808414 B.C. Ltd. v R, 2024 TCC 99, the taxpayer sold equipment to a non-arm’s length purchaser as part of a transaction that also transferred employees and obligations under a pension and benefits plan. The CRA reassessed on the…
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Trust beneficiary liability under s 160

Posted on: November 7, 2024 Last updated on: November 7, 2024 Written by: John Loukidelis
In Barwicz v R, 2024 CCI 93, the Tax Court held that a beneficiary of a trust was liable under section 160 for its unpaid tax to the extent of capital distributions received from the trust. Subsection 107(2), which provides…
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Fraudulent conveyances

Posted on: November 4, 2024 Last updated on: November 4, 2024 Written by: John Loukidelis
In Ontario Securities Commission v Camerlengo Holdings Inc., 2023 ONCA 93, the OSC brought a claim under s 2 of the Fraudulent Conveyances Act (Ontario) (the “FCA”) against a husband and wife. The husband and wife convinced a judge to…
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Guest post on the DTC

The following article on the disability tax credit was written by Tanya O’Connell, a former law clerk at Loukidelis Professional Corporation. The Disability Tax Credit (DTC) The DTC is a personal tax credit available under section 118.3 of the Income…
Continue reading “Guest post on the DTC”…

Inter-company loans

Subsection 15(1) of the Income Tax Act could apply where Aco loans money to Bco and Bco has no means of repaying the money. On the other hand, subsection 246(1) will not apply where Bco and its shareholder have no…
Continue reading “Inter-company loans”…

Change in use and flipping

The CRA has confirmed that a deemed disposition under subsection 45(1) of the Income Tax Act resulting from a change in use is not a disposition for the purposes of the flipping rules in subsections 12(12) and 12(13). See 2024-1027831C6.
Continue reading “Change in use and flipping”…

Swiss bank account trouble

In Azmayesh-Fard v R, 2025 TCC 20, the Court considered whether the CRA had properly reassessed a taxpayer beyond the normal reassessment period and imposed gross negligence penalties for unreported income from a Swiss bank account and for failing to…
Continue reading “Swiss bank account trouble”…

Price adjustment clause

An accounting colleague has reported to me on a CRA audit involving a price adjustment clause. The CRA challenged the valuation used for a transfer of property. The taxpayer and the CRA eventually agreed on a valuation that was about…
Continue reading “Price adjustment clause”…

Recent Posts

Guest post on the DTC

The following article on the disability tax credit was written by Tanya O’Connell, a former law clerk at Loukidelis Professional Corporation. The Disability Tax Credit (DTC) The DTC is a personal tax credit available under section 118.3 of the Income…
Continue reading “Guest post on the DTC”…

Inter-company loans

Subsection 15(1) of the Income Tax Act could apply where Aco loans money to Bco and Bco has no means of repaying the money. On the other hand, subsection 246(1) will not apply where Bco and its shareholder have no…
Continue reading “Inter-company loans”…

Change in use and flipping

The CRA has confirmed that a deemed disposition under subsection 45(1) of the Income Tax Act resulting from a change in use is not a disposition for the purposes of the flipping rules in subsections 12(12) and 12(13). See 2024-1027831C6.
Continue reading “Change in use and flipping”…

Swiss bank account trouble

In Azmayesh-Fard v R, 2025 TCC 20, the Court considered whether the CRA had properly reassessed a taxpayer beyond the normal reassessment period and imposed gross negligence penalties for unreported income from a Swiss bank account and for failing to…
Continue reading “Swiss bank account trouble”…

Price adjustment clause

An accounting colleague has reported to me on a CRA audit involving a price adjustment clause. The CRA challenged the valuation used for a transfer of property. The taxpayer and the CRA eventually agreed on a valuation that was about…
Continue reading “Price adjustment clause”…

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Archives

Categories

Recent Posts

Guest post on the DTC

The following article on the disability tax credit was written by Tanya O’Connell, a former law clerk at Loukidelis Professional Corporation. The Disability Tax Credit (DTC) The DTC is a personal tax credit available under section 118.3 of the Income…
Continue reading “Guest post on the DTC”…

Inter-company loans

Subsection 15(1) of the Income Tax Act could apply where Aco loans money to Bco and Bco has no means of repaying the money. On the other hand, subsection 246(1) will not apply where Bco and its shareholder have no…
Continue reading “Inter-company loans”…

Change in use and flipping

The CRA has confirmed that a deemed disposition under subsection 45(1) of the Income Tax Act resulting from a change in use is not a disposition for the purposes of the flipping rules in subsections 12(12) and 12(13). See 2024-1027831C6.
Continue reading “Change in use and flipping”…

Swiss bank account trouble

In Azmayesh-Fard v R, 2025 TCC 20, the Court considered whether the CRA had properly reassessed a taxpayer beyond the normal reassessment period and imposed gross negligence penalties for unreported income from a Swiss bank account and for failing to…
Continue reading “Swiss bank account trouble”…

Price adjustment clause

An accounting colleague has reported to me on a CRA audit involving a price adjustment clause. The CRA challenged the valuation used for a transfer of property. The taxpayer and the CRA eventually agreed on a valuation that was about…
Continue reading “Price adjustment clause”…

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