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30 April 2020- 11:15pm Piché – Court of Quebec finds that a family realized capital gains from the sale of 3 newly-constructed residences in 3 years Email this Content A closely-knit family, who collectively constructed and sold three single family residences over the course of three years without reporting anything on their returns, and were assessed by the ARQ for having realized gains from adventures in the nature of trade, were able to come up with convincing stories as to how, due to various “vicissitudes” and unexpected twists and turns in their personal lives, all that had occurred. ... Agence du revenu du Québec, 2020 QCCQ 1283 under s. 9 – capital gain v. profit – real estate. ...

4 August 2020- 11:15pm Chevalier – Court of Quebec finds that the subdivision of a residential land into around 30 serviced building lots by the purchaser-developer did not scupper capital gains treatment Email this Content An individual who had held property for her personal residential use, was approached by a housing developer, who agreed to purchase her land on the basis that it would acquire around 30 fully-serviced building lots, with it doing all the work to make this subdivision and addition of the services happen. ... Agence du revenu du Québec, 2020 QCCQ 2220 under s. 9 – capital gain v. profit – real estate. ...

13 October 2020- 11:49pm Van der Steen – Federal Court of Appeal confirms lack of donative intent for an alleged donation Email this Content The taxpayer, a lawyer, withdrew $100,000 from his RRSP and “contributed” an amount exceeding the withdrawal amount (and well in excess of the net withdrawal amount after giving effect to source deductions) to a registered charity. ... Canada, 2020 FCA 168 under General Concepts – Onus and s. 118.1(1) – total charitable gifts. ...

25 February 2021- 11:21pm Ouellette – Court of Quebec finds that the quick (re)building and sale of three successive residences was eligible for the principal residence exemption Email this Content A couple (one of them, a carpenter), who successively substantially renovated or built, and sold, three homes, with the sales occurring over a four-year period, realized capital gains eligible for the principal residence exemption on such sales, rather than fully taxable business profits. ... Agence du revenu du Québec, 2020 QCCQ 8765 under s. 9 – capital gain v. profit – real estate. ...

24 August 2021- 11:42pm Miller – Federal Court issues a s. 231.7 compliance order for a description of the terms of an oral contract Email this Content Mr. ... Miller ought to have documented in his records,” that the “requests do not stray into the problematic type of questions identified in Cameco and BP Canada ” e.g., an attempt “ to compel Mr. ... Regarding the required disclosure of the trust ledger accounts with the law firms, she stated: I do not agree that the Cameco decision establishes that a taxpayer discharges their obligation to satisfy a request that is otherwise within the scope of subsection 231.1(1) with a response that they simply do not have those documents in their possession. … [A] taxpayer is required to exercise reasonable efforts to obtain and provide to the Minister information and documentation that should be in its books and records. ...

6 March 2025- 10:49pm Brookfield Renewable Power – Quebec Court of Appeal confirms the reduction of the deductible interest on loss consolidation loans from 14% to 8.75% based on parent’s borrowing costs Email this Content Loss consolidation transactions between a “Lossco” in the Brookfield group (“BRPI”) and “Profitcos” resulted, for instance, in BRPI holding $2.3 billion of loans in its Profitco subsidiary, and the Profitco holding $2.3 billion of preferred shares of its parent until this reciprocal arrangement was reversed five months’ later. ... Instead, he favoured an approach based on the correct criterion, taking into account the particular nature of the transactions carried out … in the context of the consolidation of losses … and retaining, as an objective element … the financing costs incurred by the parent company and BRPI at the relevant time. ...

18 November 2019- 11:41pm Wolf – Federal Court of Appeal questions Tax Court view that an individual could derive business revenues through an LLC Email this Content A U.S. engineer provided services to Bombardier in Canada over a 188-day period (straddling the 2011 and 2012 years). ... However, this point was not argued – and the taxpayer’s appeal was dismissed anyway as there was no reversible error in the Tax Court’s finding that the taxpayer had not adduced evidence as to the US revenues of the LLC for the straddle period. ... Canada, 2019 FCA 283 under Treaties – Income Tax Conventions – Art. 5. ...

In the Court of Appeal, Boivin JA indicated that the lack of homologation was irrelevant, and then stated: …[B]oth orders from Barbados and Cyprus are proof that the corporate resolutions have been rectified to authorize the dividend payments and to transform them into indebtedness, no more, no less. … I cannot agree … that…these foreign orders are dispositive and that the Minister has no choice… but to accept the dividends are actually loans because the orders from Barbados and Cyprus say so. ... These determinations are for the Tax Court judge to make, with a full evidentiary record at his or her disposal. … On this basis, he concluded that Lamarre ACJ should not have answered the Rule 58 question, and set aside her judgment and dismissed the Rule 58 motion before the Tax Court. ... The Queen, 2017 FCA 39 under General Concepts – Rectification. ...

9 January 2018- 11:27pm Kenny – Tax Court of Canada finds that foreign government assistance scuppered the “substantially all” test in s. 118.94 (which did not violate a non-discrimination Treaty Art.) ... In this regard, C Miller J stated: … [C]ases have relied on percentages as low as 76% to be considered substantially all. ... The Queen, 2018 TCC 2 under s. 118.94 and Treaties – Articles of Treaties – Art. 25. ...