Books and records

It bears repeating: you must maintain books a records as long as necessary to support any claim you wish to make for a deduction or loss under the Income Tax Act (Canada) (the “Act”), especially if you are prosecuting an…

How long to retain records?

In Hill Fai Investments Ltd v R, 2015 TCC 167, the court held that the six-year period for which taxpayers must retain books and records begins with the year in which a claim is made for which the books and…

Deemed proceeds of an asset

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…

Trust beneficiary liability under s 160

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…

Fraudulent conveyances

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…

Purported shareholder loan repayments treated as income

In Kumar v R, 2024 TCC 105 (informal procedure), the Court found that the CRA had properly reassessed the appellant to include in his income payments to him and his son made by a corporation to which the appellant had…

Minister accepts VD but then reassesses other years anyway

In Milgram Foundation v. Canada (Attorney General), 2024 FC 1405, the Federal Court quashed a decision to reassess a taxpayer for taxation years before years for which the taxpayer had made a voluntary disclosure. The CRA had accepted the disclosure…

Category: Books and records