Just about everyone with an email account has received at least one of these: a letter from a far off place (often in Africa) promising a very substantial reward if the recipient will provide the financing required to free up…
Advocates of the plain meaning approach to statutory interpretation (I’m one of them) argue that clear and unambiguous words in the Act should be applied as written, however much the CRA dislikes the result. Applying the plain words sometimes conflicts…
An appeal to the Tax Court from an assessment must be filed within specific time limits. As a general rule, the notice of appeal must be filed within 90 days of receiving the Minister’s notification confirming the assessment. Subsection 165(3)…
There are various reasons why an individual might decide to give up residence in Canada; most of them are not tax driven. Canada’s tax rates are favourable compared to those in most developed countries and changes in family circumstances and…
When the right to challenge the enforcement of a tax debt expires for whatever reason (say because of a failure to pursue a timely objection or appeal to an assessment, or because of an unfavorable court decision), there is one…
The decision of the Tax Court in MacDonald earlier this year (2012 TCC 123) has prompted quite a lot of discussion among tax professionals. The case seems to take the debate about the legitimacy of dividend stripping to a new…
A recent CRA technical interpretation on the allocation of safe income among several classes of shares got me musing about our sometimes schizophrenic approach to drafting income tax legislation. Most often the drafters attempt to anticipate every nuance that might…
In a recent case, the Federal Court of Appeal was asked to consider the adequacy of the reasons for judgment delivered by the Tax Court in an income tax appeal (SRI Homes Inc. v The Queen, 2012 FCA 208). The…
In opera circles, they say the performance isn’t over until the fat lady sings. When she does rev up for the final aria, we know the show is coming to a close. I was reminded of this in an odd…
When a taxpayer transfers appreciated property to a corporation under the rollover provisions of section 85 of the Act, an election form (T2057) is filed in which the parties set out the fair market value of the property and an…