In 2014-0528241E5 the taxpayer asked whether it would be required to pay capital gains tax on vacation property. The property was in very poor condition when it was purchased by the taxpayer, and the taxpayer spent considerable funds to…
The Federal Court of Appeal released its decision in the Bakorp Management case, a case concerning the large corporation rules in subsections 165(1.11) and 169(2.1) of the Income Tax Act (Canada). The court dismissed the taxpayer’s appeal. A copy of…
In 2014-0518771E5 the Canada Revenue Agency summarized its views regarding when employment income earned by Indians (as such individuals are defined in the Indian Act) is exempt from income tax pursuant to s. 81(1)(a) of the Income Tax Act…
The Federal Court of Appeal has handed down its decision in the Lehigh Cement case on the scope of the antiavoidance rule in section 95(6)(b) of the Income Tax Act (Canada). The court concluded that “s.95(6)(b) is targeted at those…
The Tax Court of Canada recently released its decision in the McIntyre case. The court dismissed the taxpayer’s motion, holding that the Minister is not bound by agreed facts from a prior criminal proceeding involving the same taxpayer. A copy…
In technical interpretation 2013-0486931E5, the CRA recently addressed the treatment of a distribution of dividend income received from a ULC, and made by a Canadian trust to a non-resident beneficiary of that trust.
The application for leave to appeal from the Federal Court of Appeal’s decision in GF Partnership v. The Queen has been dismissed with costs by the Supreme Court of Canada. The decision related to GST and the construction of certain…
This morning the Supreme Court of Canada granted the application for leave to appeal, with costs, from the Federal Court of Appeal’s decision last summer in The Queen v. Guindon regarding the nature of advisor penalties under section 163.2 of the…
Yesterday, Bill 8 – Budget Measures Implementation Act, 2014, which contains over 60 amendments to the Provincial Sales Tax Act, passed third reading in the provincial legislature. A copy of Bill 8 is available online at: http://www.leg.bc.ca/40th2nd/1st_read/gov08-1.htm.
The courts recently released two decisions against restaurant owners in GST audit methodology cases. In 9100-8649 Québec Inc. v. Canada, 2014 CAF 20, the Federal Court of Appeal ruled against a company that operated two restaurants in Montreal. Revenue Québec…