The CRA posted a useful, albeit brief, memorandum a few weeks ago on its website about model objects for charities.
Refund Interest
Subsection 164(3) of the Income Tax Act (Canada) requires the Minister to pay interest on an amount that is refunded, repaid or applied to another liability.
Withholding Tax Issues
In Sentinel Hill No. 29 Limited Partnership v. Canada (Attorney General), 2008 ONCA 132, the Ontario Court of Appeal held that the Superior Court is not the place to resolve disputes involving assessments under the Income Tax Act (Canada) (the “Act”). That much is not surprising: in general, non-tax courts run as fast as they can from tax disputes, given the chance. The case illustrates, however, a nasty gotcha in international taxation that any practitioner who does cross border work should watch out for.
Nil Assessments
A taxpayer cannot object to or appeal from a nil assessment. The courts have held that a piece of paper that says you don’t owe any tax is not an assessment for the purposes of the Income Tax Act even though it might have that word printed at the top of it.
Correcting 85 Election Forms
The CRA’s Information Circular IC 76-19R3 sets out its position on the procedures for correcting T2057s (the form used for elections under section 85 of the Income Tax Act (Canada)). In effect, the Circular identifies two types of mistakes.
Tax Court Jurisdiction Again
In a February post, I noted that the Tax Court does not have jurisdiction over an assessment that relates only to Ontario taxes. In Hiscock v. Canada, 2007 FCA 382, the Court held that the Tax Court did have jurisdiction to determine whether a taxpayer was a resident of Nova Scotia.
Legal fees paid to defend against a claim for support
In Melnyk v. The Queen, 2007 TCC 733, and Beauchamp v. The Queen, 2007 TCC 747, the Tax Court refused to allow a taxpayer to deduct legal fees paid to defend against a claim for increased support payments. The Court…
Lawyers!
Subsection 30(2) of the Tax Court of Canada Rules (General Procedure) provides that “where a party to a proceeding is not an individual, that party shall be represented by counsel except with leave of the Court and on any conditions that it may determine.”
Executors’ fees
For quite some time now, the CRA has taken the position that (to quote the Employers’ Guide – Payroll Deductions and Remittances ):
Fees paid to executors or liquidators and administrators are either income from office or employment or business income, depending on whether the executor or administrator acts in this capacity in the regular course of business.
Charities newsletter
Registered Charities Newsletter No. 29 is now available from the CRA website.