Search - стрим ешмек шешу

After this granting of an earlier effective registration date, 353 then refiled the returns for the initial three quarters, and CRA then promptly assessed 353’s returns – but apparently not the initial three quarters. ...

In rejecting this position, Monaghan JA noted (at para. 303) that s. 56(1) provides that "there shall be included in computing the income of a taxpayer for a taxation year" the amount described in that section, including "amounts required by section 146 in respect of a [RRSP] … to be included in computing the taxpayer's income for the year," and s. 146(10), in turn, stated that where an RRSP acquired a non-qualified investment, the acquisition date value "shall be included in computing the income for the year of the taxpayer who is the annuitant. ...

Smith J indicated (at para. 522) that: [T]he T3GR Return was the prescribed form intended by CRA to meet the filing requirements of RRSP trustees pursuant to paragraph 150(1)(c) and subsection 207.2(1) of the Act and section 204 of the Regulations and … it was intended as a streamlined process for the reporting of group RRSPs involving hundreds of thousands of plans under one specimen plan. ...

. … I would not expect section 141.01 to deny the input tax credits otherwise determined under subsection 169(1) in the situation where a person is only engaged in commercial activities. ...

Indeed … Gilbert v. Agence du revenu du Québec, 2018 QCCA 1792 para. 23 …recognized that through the adoption of this provision, the legislator's intention to prevent the misappropriation of taxes and source deductions by corporate directors is evident. ...

Owen J stated (at para. 48) that "this argument fails to recognize that the Advisers are independent contractors and that their use of the subleased space is in furtherance of their own business objectives," noted (at para. 49) "that the Advisers cannot use the subleased space without also using the common-use space," and (at para. 50) that "the direct purpose of the available space was to rent the space to Advisers", which was relevant rather than "the indirect (or ultimate) purpose of having space available … to facilitate the sale of Financial Products. ...

After finding (at para. 40) that “the 2016 amendments … overrode the requirement from prior case law that the tax under the alternative argument had to be derived from the same transaction that produced the originally assessed tax”, he noted that here the alternative bases for denying the interest expense were based on the same transaction being “the borrowing that established the Appellant's obligation to pay the interest expense in the first place” (para. 41). ...

In rejecting an argument of the taxpayer based on the Irving Oil and Munich Re decisions, he stated (at para. 56): The Irving Oil and Munich Re decisions do not stand for the proposition that every decision to pay or not to pay income tax qualifies as a business decision, let alone that such decisions are made for the purpose of earning income under the principles governing section 9 and paragraph 18(1)(a) …. ...

As the Cown had not established that any of the four was liable to the s.237.1(7.4) penalty, the Minister had not been entitled to rely on s. 237.1(6.2) to reassess beyond the normal reassessment period – so that the taxpayer retained his credit for the full leveraged donation amount. ...

. … Those claims should not, however, prejudice his rights. In other words, exception (a) must be interpreted as being limited to claims that could be accepted and could lead to double refund, and thus only to those submitted within the two-year period prescribed by statute. ...