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2 November 2016- 11:44pm Tusk Exploration – Tax Court of Canada finds that Part XII.6 tax applies to CEE which is invalidly (as well as validly) renounced on a look-back basis Email this Content A Canadian exploration company argued that it was not subject to Part XII.6 tax on Canadian exploration expenses that it had purported to renounce under the look-back rule- but which were now admittedly not eligible for look back because the flow-through share investors were non-arm’s length – because the reference in Part XII.6 to CEE that it “purported” to renounce under the rule referred only to expenses which had been validly rather than invalidly renounced under the look-back rule. ...

1 December 2016- 12:09am Barejo – Federal Court of Appeal states that determining whether the notes in Barejo were debt for purposes of the ITA rather than s. 94.1 would be “an improper use of judicial resources” Email this Content The Federal Court of Appeal has dismissed the Barejo appeal – but on the grounds that the Rule 58 question posed to the Tax Court was whether the “notes” in question were debts for purposes of the Act rather than for purposes of s. 94.1 thereof. ...

15 December 2016- 1:22am Iggillis Holdings – Federal Court finds that there is no common-interest privilege exception to the loss of solicitor-client privilege in providing a legal opinion to another firm Email this Content Solicitor-client privilege over a tax-planning memo prepared for Abacus on a tax-structured purchase transaction by a tax lawyer was lost when the tax lawyer provided the memo in draft form to the vendors' tax lawyer, whose comments resulted in memo revisions. ... Iggillis Holdings Inc., 2016 FC 1352 under s. 232(1) – solicitor-client privilege. ...

19 February 2017- 11:42pm RevCon – Federal Court of Appeal finds that s. 231.7 continues to apply to non-lawyers Email this Content Stratas JA found that Chambre des notaires and Thompson did not invalidate s. 231.7, and that there the Supreme Court instead had merely “read down section 231.7 to exclude lawyers and notaries,” so that the taxpayer was required to disclose materials which were not covered by solicitor-client privilege. ... Revcon Oilfield Constructors Inc., 2015 FC 524, aff’d 2017 FCA 22 under s. 232(1) – solicitor-client privilege. ...

21 February 2017- 11:49pm Andrews – Tax Court of Canada finds that driving a car is not transporting it for GST purposes Email this Content The taxpayer arranged for drivers to drive back to Canada the cars of those who had suffered an incapacitating medical emergency in the U.S. ... VII, s.1(1) – freight transportation service. ...

10 April 2017- 1:44am Freitas – Tax Court of Canada finds that a s. 96(1.1) allocation of income from an accounting firm was business income rather than a retiring allowance Email this Content A retired Deloitte partner received an opinion from his firm that professional income allocated to him under ITA s. 96(1.1) was a retiring allowance and thus excluded from being subject to CPP contributions, and also relied on the CRA opinion in 9527946 that: Income allocated pursuant to subsection 96(1.1)… for the purposes of the CPP provision is not considered to be from a business carried on by the retired partner and consequently such a partner is not required to contribute to CPP solely as result of receiving such income. ... The Queen, 2017 TCC 46 under s. 248(1) – retiring allowance. ...

2 May 2017- 3:09am Smith – the provision of a free monthly parking pass to an employee was a taxable benefit Email this Content A flight attendant would not have received a taxable benefit from the provision to him, pursuant to a collective agreement, of a free monthly parking pass at the Calgary airport if it had been demonstrated that his employer (Jazz) provided the pass primarily for its benefit. This was not demonstrated, given that employees were free to choose any available means to get to the airport – and, in the case of the taxpayer, who had no other available means of transport to the airport, he would have gotten there on time even if he had to pay for his pass. ...

25 May 2017- 7:52am Girard – Cour du Québec finds that momentary employment by a new employer was sufficient to render termination damages as a retiring allowance Email this Content Robinson found that damages received by an employee, following the amalgamation of the City of Gatineau for whom he worked and the failure of the new City to hire him, were a non-taxable receipt. The same result did not obtain where a taxpayer who had been appointed by a transitional committee to be the chief executive of the new amalgamated city (in this case Saguenay) was fired by the mayor on the second day of existence of the new City (with that decision ratified a week later) – so that his subsequent award of damages was a retiring allowance. ...

31 July 2017- 11:27pm 572256 Ontario – Tax Court of Canada finds that where a corporation acquired property on behalf of another, the agency rather than trust relationship predominated Email this Content Paris J found that, notwithstanding the absence in evidence of a written agency agreement, a corporation (SVO) had purchased property as agent for the taxpayer and others, so that the taxpayer’s pro rata portion of the maintenance and upkeep expenses of SVO entitled it to claim input tax credits. ... The Queen, 2017 TCC 108 under General Concepts – Agency. ...

13 August 2017- 11:38pm Grenon – Federal Court of Appeal finds that a refund of tax paid to a taxpayer after reversal of a jeopardy order should bear interest Email this Content A taxpayer, who appealed a $200 million reassessment to the Tax Court, then received a jeopardy order requiring him to pay the assessed tax notwithstanding that it was still under appeal. He made a partial payment – but then the jeopardy order was reversed on consent. ...