Nelson – Tax Court of Canada finds that the agreement between two co-borrowers as to their respective responsibility for joint loans governed for tax purposes

Lafleur J found that although each of a husband and wife was fully liable to the bank for all amounts advanced to either of them under their joint line of credit, an oral agreement between them, that each had 50% several responsibility for the amounts drawn down under the line of credit, should be respected for tax purposes. Accordingly, in dealing with the ETA equivalent (s. 325(1)) of ITA s.160, she found that ½ of the amounts drawn down under the line of credit to fund the husband's company constituted an advance by the wife of money borrowed by her, so that ETA s. 325 did not apply when her husband later transferred real estate to her to pay down that advance.

Neal Armstrong. Summary of Nelson v. The Queen, 2017 TCC 178 under ETA s. 325(1).