In 2015-0596921E5, CRA confirmed the view expressed in 2013-0493811C6 that the change-in-use rule in subsection 45(1) should apply only where the use of the property changes from a personal use to an income earning use (and vice versa) and…
In 2015-0575921I7, the CRA announced a change of policy in regards to recapture resulting from revision made to the capital cost of depreciable property acquired during statute-barred years. The prior policy, as stated in paragraph 14 of IT-478R2, was…
In Castro v. The Queen 2015 FCA 225, the Minister argued that inflated donation receipts received by the taxpayers were benefits that disentitled them to charitable tax credits either under section 118.1 because they had no donative intent or…
On September 14, 2015, the Department of Finance released its Annual Financial Report of the Government of Canada, in which it reported that the government posted a budgetary surplus of $1.9 billion for the fiscal year ended on March 31,…
In Virginia Hillis and Gwendolyn Louise Deegan v. the Attorney General of Canada 2015 FC 1082, the plaintiffs argued that the Canada Revenue Agency’s (the “CRA”) disclosure of information related to accounts held by U.S. citizens at Canadian banks to…
In 2014-0552711E5 “Application of paragraph 251(5)(b)” dated September 16, 2015, the CRA was asked whether a non-binding letter of intent could engage paragraph 251(5)(b) of the ITA. The CRA commented that if the letter of intent constitutes a contract…
In Remtilla v. The Queen (2015 TCC 200) V.A. Miller J determined that T1 adjustment request filed by a taxpayer’s representative constituted valid waivers of the normal reassessment period. The court found that a valid waiver must include all…
In 145257 Ontario Inc. v. The Queen, 2015 DTC 1160 (TCC), Lyons J found that a dissolved corporation incorporated under the Ontario Business Corporations Act (the “OBCA”) must be revived before it can carry on a tax appeal. Though the…
The Supreme Court of Canada dismissed the appeal of the taxpayer in Guindon v The Queen, 2015 SCC 41. The majority of the Court exercised its discretion to address the merits of the taxpayer’s constitutional arguments despite the taxpayer’s…
In Zhang v Canada (Attorney General), 2015 BCSC 1256, the Supreme Court of British Columbia dismissed an application for rectification on the basis that the petitioners failed to establish that they had a specific continuing intention to avoid the…