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In dismissing the appeal, Noël CJ stated that this finding:...necessarily flows from … the loan agreements which made each of the appellants’ entire donation conditional on the loan being approved by the lender. As “no part of [the interconnected transaction] can be considered a gift that the appellant[s] gave in the expectation of no return” … [i]t follows that there was no gift whether the matter is considered from a common law or a civil law perspective. … He also stated: [W]here a person anticipates receiving tax benefits that exceed the amount or value of an alleged gift, the donative intent is necessarily lacking. ... Canada, 2019 FCA 299 under s. 118.1(1) – total charitable gift and General Concepts – Stare Decisis. ...

11 April 2016- 10:48pm Turner – Tax Court of Canada indicates that interest carrying charges increased the ACB of a share investment Email this Content After finding that a retired professional engineer could not recognize, as a non-capital loss to be carried forward, his losses, including from interest expense, on plowing most of his money into an investment in a public corporation that then went bankrupt, Masse DJ went on to indicate that the individual's interest carrying charges increased the adjusted costs base of his share investment, thereby increasing his capital loss. ... The Queen, 2016 TCC 77 under s. 18(1)(b) – capital loss v. loss and s. 54 – adjusted cost base. ...

31 August 2023- 11:01pm Whitecap Energy – Alberta Court of King’s Bench finds that the Attorney General could revive a dissolved corporation for the purpose of making a s. 160 assessment of the shareholder Email this Content An Alberta corporation (Whitecap) had been wound up into its sole shareholder. ... Principally at issue was whether the Attorney General had standing as an “interested party,” which was relevantly defined to “mean … a creditor of a dissolved corporation … or …a person designated as an interested person by an order of the Court.” In finding that the Attorney General was not a “creditor,” Schlosser J stated: Taxpayers remain liable for tax when income is earned …. notwithstanding that no return is filed. ...

15 November 2022- 12:00am Adboss – Tax Court of Canada strikes the Minister’s pleading of an assumption that a company’s “controlling mind and management” was in Canada as a mixed statement of fact and law Email this Content The Minister’s reply, to the taxpayer’s appeal of an assessment of it to deny zero-rating of taxable supplies made by it to a mooted non-resident (“Lowfroc”) on the basis that Lowfroc was a resident of Canada, pleaded “assumptions” including that Lowfroc was incorporated in Cyprus, that the taxpayer had no correspondence with any Lowfroc-connected persons in Cyprus and that “at all material times, the controlling mind and management of Lowfroc was in Canada.” Lafleur J found that the quoted phrase referenced the jurisprudential test of “central management and control,” and further noted that the “location of the ‘central management and control’ of a corporation … is actually the legal test that must be applied to determine the residency of a corporation.” In explaining the decision to strike under Rules 53(1)(a) (“delay … fair hearing”) and (c) (“abuse of … process”), she stated: [B]ecause the Appellant will have to speculate as to the facts underlying the conclusion of mixed fact and law of the Minister that the “controlling mind and management” of Lowfroc was in Canada, and because the Appellant therefore cannot be properly prepared for and proceed with discoveries, this will prejudice or delay the fair prosecution of the appeal and constitutes an abuse of the Court’s process. ...

11 December 2014- 9:25am Black – Federal Court of Appeal affirms a finding that Treaty residence in the U.K. did not stop CRA from treating Conrad Black as a Canadian resident Email this Content In 2002, Conrad Black was resident in Canada under general principles but was resident in the U.K for Treaty purposes under the tie-breaker rules.  ... The Queen, 2014 DTC 1046 [at 2882], 2014 TCC 12, briefly aff’d 2014 FCA 275, under Treaties – Art. 4, Art. 29, Stat. Interp. – Other/Conflicting Statutes, and  Interp. Act- 45(2). ...

29 October 2017- 11:55pm BT Céramiques – Quebec Superior Court finds that the mere suspicion of tax evasion and corrupting CRA officials is insufficient to invalidate audit information Email this Content Jarvis found that where the predominant purpose of a particular inquiry is the determination of a penal liability (e.g., under s. 239 of the ITA), CRA officials may not have recourse to the inspection and requirement tools in the ITA. In reversing the decision of the Court of Quebec to invalidate evidence obtained in a search and seizure of a Quebec registrant (BT Céramiques), which was believed to have fraudulently claimed input tax credits and corrupted CRA officials, Payette JCS stated: When it commenced the audit, the CRA only had suspicions that BT Céramiques was engaged in tax evasion and that a “grand patron” in the CRA was assisting it. … [T]he judge contrasted “auditing” and “investigation” … without noting that the audit powers themselves constitute powers of investigation, and without pausing to determine if the objective of the steps she described was to establish penal liability of the respondents. ...

11 August 2019- 11:42pm Royer – Court of Quebec finds that the principal residence did not include the portion thereof occupied by the grandmother performing an essential care function Email this Content Similarly to the federal principal residence exemption, the Quebec exemption requires that “the housing unit is ordinarily inhabited in the year by the individual, his spouse or former spouse or his child.” ... Agence du revenu du Québec, 2019 QCCQ 4163 under s. 54(1) – principal residence- (a) and s. 248(1) – disposition. ...

Deloitte – BC Supreme Court finds that a contingent tax-savings-based fee agreement with a company’s external auditors did not engage a conflict of interest Email this Content The entering into by a company (Taiga) of a contingent fee arrangement with its external auditors (Deloitte) whereby Deloitte would be paid 20% of the tax savings from implementing an Inter-Leasing-style plan to minimize provincial income tax did not give rise to a conflict of interest. ... "   As the tax dispute instead was settled in "a prudent settlement agreement preserving at least some of the benefits of the … Plan," Deloitte got to keep its fees. ... Deloitte & Touche, LLP, 2014 DTC 5082 [at 7068], 2014 BCSC 1083 under General Concepts – Negligence and Fiduciary Duty. ...

13 November 2017- 1:06am Barclays Wealth Trustees – English Court of Appeal indicates that the determination of whether there is a single trust should accord with how a trust lawyer would view the matter Email this Content Henderson LJ rejected a submission on behalf of HMRC that a separate settlement (i.e., trust) was created whenever further property was contributed to be held by the trustee of a previously-settled trust. He stated that his single-trust view was “how a trust lawyer or practitioner would view the matter,” and also was consistent with the statutory definition (in the Inheritance Tax Act 1984) of “settlement,” which referred to “any disposition or dispositions of property … whereby the property is for the time being … held in trust….” ... Commissioners for Her Majesty's Revenue and Customs, [2017] EWCA Civ 1512 under s. 104(1) and Statutory Interpretation – Interpretation/Definition Provisions. ...