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21 August 2023- 11:11pm Gaudreau – Tax Court of Canada requires the production by a vendor of the tax-planning memo of the purchaser’s accountant Email this Content The taxpayer was assessed under s. 84(2) regarding his sale of his interest in an insurance company that was structured as a hybrid sale transaction. ... The King, 2023 CCI 115 under Rule 82(1) and General Concepts – Solicitor-client privilege. ...

12 September 2023- 12:38am O'Brien – Tax Court of Canada declines to apply the ITA’s literal wording in order to avoid an absurdity Email this Content Although the family income for purposes of computing an individual’s entitlement to the Canada child benefit (CCB) is computed on a lagged basis, s. 122.62(5)(b) provides relief by stipulating that effective almost immediately after the death of the individual’s spouse, that family income is computed based only on the individual’s income for the relevant pre-death period, i.e., the income of the deceased spouse during that period is excluded. ... Unfortunately, s. 56(1)(u)(ii) deemed the ODSP payments to be the income of the higher-income spouse (herself) – so that on a literal reading of the combined effect of s. 122.62(5)(b) and s. 56(1)(u)(ii), her family income included not only her actual income but also the income attributed to her under s. 56(1)(u)(ii). ...

17 September 2023- 11:25pm Preston – Tax Court of Canada finds that the taxpayer’s substantial expenses in trying to launch his daughter’s singing career were deductible Email this Content The taxpayer entered into a personal management contract with his daughter (Chantal), an aspiring singer/ songwriter, under which he would incur promotional expenses up front and receive a 5% or 10% commission if Chantal achieved a major milestone, such as signing with a major record label. ... The King, 2023 TCC 136 under s. 3(a) – business source. ...

24 September 2023- 9:23pm Galaxia – Court of Quebec finds that a company whose shareholder was named as a VP of its only client did not have a personal services business Email this Content For the three taxation years in issue, the ARQ assessed Galaxia on the basis that it was carrying on a personal services business. ... The only revenues of Galaxia were commissions calculated and collected as a percentage of the billings received by SM from the contracts generated by Galaxia – so that its revenues were highly variable. ...

30 October 2023- 10:52pm Northbridge Commercial Insurance – Federal Court of Appeal finds that zero-rating for fleet insurance could be based on the relative expected claims experience for US accidents Email this Content Northbridge issued fleet insurance policies to trucking companies who operated their vehicles in both Canada and the U.S. ... IX, s. 2(d), which covers insurance under a policy “that relates to risks that are ordinarily situated outside Canada,” on the basis that this wording referenced the ordinary location of the insured vehicles, and there was no evidence on that point – and accordingly confirmed the denial of Northbridge’s related input tax credit claims. ...

15 November 2023- 9:46pm Slightham – Ontario Superior Court of Justice agrees to rectify family trust deeds to reflect the drafting contemplated in the original tax plan Email this Content In order that s. 75(2) would not apply to the corporate beneficiary (Holdco) of two family trusts, the tax plan contemplated that Holdco would be prohibited under the trust deeds from receiving any income or capital derived from itself. ... AGC, 2023 ONSC 6193 under General Concepts – Rectification. ...

11 December 2023- 10:32pm Montour – Quebec Superior Court finds that tobacco duty could not be imposed on Mohawks because Finance had failed to consult with them in designing the tobacco duty provisions Email this Content Bourque JCS held that the tobacco duty imposed by s. 42(1) of the Excise Act, 2001 unjustifiably infringes the Aboriginal right and the treaty right of the Mohawks as guaranteed by s. 35(1) of the Constitution Act, 1982 and is of no force and no effect against them, so that the criminal procedures against the Mohawk accused (who had imported tobacco in bulk from the U.S. without paying excise duty) were permanently stayed. ... In addition, there was “no evidence that the interests of the Mohawks of Kahnawà:ke have been taken seriously in the elaboration of the Excise Act, 2001 ” (para. 1605) so that the “the Crown did not discharge its duties to consult- and even less to accommodate”. ...

28 December 2023- 11:41pm Sommets du Mont-Tremblant – Court of Quebec finds that an in-kind damages payment should be treated the same as a sale of the transferred property Email this Content The taxpayer (“Les Sommets”), which had received $400,000 for granting an option to a third party to acquire various properties, later settled an action in damages against it by the current holder of the option (“Solstice”), for failure to honour the option. ... Agence du revenu du Québec, 2023 QCCQ 9061 under s. 9 – compensation payments. ...

4 January 2024- 11:25pm Procon – Federal Court of Appeal doubts that “losses incurred by disposing of property that is ‘inextricably linked’ to the ongoing operation of the business are on income account” Email this Content The appellant, a mining contractor, subscribed for shares of two junior mining companies in connection with being awarded mine development work by each company. ... The King, 2024 FCA 1 under s. 18(1)(b) – capital loss v. loss. ...

30 January 2024- 10:13pm Windsor Clinical Research – Tax Court of Canada notes that the taxpayer or Crown can amend their pleading to change the process or reasoning underlying their position Email this Content SR&ED claims of the taxpayer for various projects had been denied. ... … [N]either party is bound by their approach prior to the court appeal. ...