The Supreme Court released its decision today in The Queen v. Addison & Leyen Ltd., 2007 SCC 33. The case considers whether the CRA really can assess a taxpayer “at any time” under section 160 of the Income Tax Act.
“Written agreement”
Shaw v. The Queen, 2007 TCC 148, an informal procedure decision of the Tax Court, considered the meaning of “written agreement” as found in the provisions of the Income Tax Act governing the deductibility of support.
GST and Damages
Damages paid for breach of contract, either pursuant to a judgment or further to a settlement, can be subject to GST. Section 182 of the Excise Tax Act provides that any such amount is deemed to include GST, which the…
Budget bill enacted
Bill C-52 received Royal Assent on June 22. It is now law as S.C. 2007, c. 29.
Subsection 75(2)
The following article on subsection 75(2) of the Income Tax Act (Canada) appeared in the latest edition of the Hamilton Law Association Law Journal.
Useful links
I maintain a page on this site with some useful links for the tax practitioner. I have just added a link to the CRA’s page listing its prescribed rates. If any of you have other ideas for useful links that…
Bill C-52 takes the lead
Bill C-52, which implements “certain provisions of the budget tabled in Parliament on March 19, 2007”, is now at the “Report Stage” (the stage immediately before 3rd Reading). Meanwhile, poor old Bill C-33 continues to languish in committee. Bill C-33…
Broker receiving fees through a company
In Boutilier v. The Queen, 2007 TCC 96, the taxpayer received trailer fees and reported them as income he had earned. Later, he purported to transfer his fee-earning business to a company. Fees received by the taxpayer were assigned to the company and reported in its income. The Minister reassessed on the basis that subsection 56(4) of the Income Tax Act applied to the transfer of the fees to the company.
“Indirectly … by any other means whatever”
In St-Pierre c. La Reine, 2007 CCI 90, the taxpayer transferred shares of a corporation to his management company, which he controlled. The management company transferred the shares to the taxpayer’s spouse. The spouse later disposed of shares substituted for…
A Mind Bender
How do subsection 55(2) and Part IV of the Income Tax Act (Canada) work together? The Tax Court considered this question recently in Ottawa Air Cargo Centre Ltd. v. The Queen, 2007 TCC 193 (“Air Cargo”).