In Agence du revenu du Québec c Custeau, 2020 QCCA 1496, the Court considered whether PUC shift and a subsequent reduction of that PUC were part of the same series of transactions such that the Quebec GAAR would apply to…
Post-mortem charitable giving using corporate-owned insurance
Mr X dies owning the shares of Opco. Opco receives a large payout under a life policy it held on X’s life. X’s Will provides for a gift to a charity. How does the estate make the gift using the…
Trusts and Dividends, Again
The CRA believes that a dividend paid to a trust that is then paid to an individual during a year is not allocated until the end of the year (ie December 31 for inter vivos trusts) (CRA technical interpretation 2016-0647621E5,…
QSBCS gains flow through tiered trusts
taxinterpretations.com notes that the CRA, in technical interpretation 2019-0818301I7F (August 13, 2020), has now accepted that a gain realized on the sale of QSBCSs for which an individual could claim the capital gain exemption can be flowed through two levels…
Climate change and SRED
Tax and climate change intersected in 6398316 Canada Inc. v R, 2021 TCC 17. The Tax Court denied scientific research and experimental development (SRED) tax credits to a corporation that built a passive house. The Court found that the corporation…
VDs and enforcement against a related person
The taxpayer, in a previous application (2019 FC 51), succeeded in having the Court order the CRA to reconsider its decision because it did not adequately address how the demand for returns from the individual would have uncovered the corporation’s…
Oral evidence
In Osinski v R, 2013 TCC 71, the Court wrote: 20 With respect to both parties, the law in my opinion is simply as stated in C. (R.) v McDougall, C. (R.), … 2008 SCC 53, above by Justice Rothstein…
Taxpayer onus regarding limitation period
In Manna v R, 2019 TCC 70 (informal procedure) the Court held that the taxpayer has the onus to show when a normal reassessment period began if the taxpayer wishes to rely on the expiry of the period as a…
Mail room case
In Luxury Home Landscape Construction Inc. v R, 2021 TCC 4, a GST informal procedure “mail room” case, the Minister brought a motion to quash the appeal because it was supposedly late-filed. The Court dismissed the motion and ordered the appeal set down for a hearing because the Minister failed to prove that it had sent a notice of confirmation in a timely manner.
GAAR object and spirit
The author provides a summary of the detailed analysis undertaken by the Court in Gladwin Realty Corporation v Canada, 2020 FCA 142 to determine the object and spirit of the provisions of the Income Tax Act (Canada) at issue in…