Search - 哈尔滨到北京 公里数

1 July 2024- 10:57pm Dow Chemical – Supreme Court of Canada indicates that the Tax Court lacks jurisdiction to review CRA decisions regarding s. 247(10) downward adjustments Email this Content The Minister indicated that she would not exercise her discretion to allow the request of the Canadian taxpayer (“Dow”) a requested “downward” adjustment under s. 247(10) (to increase the interest expense of Dow on a loan from a Swiss affiliate); and subsequently assessed Dow so as to make upward transfer pricing adjustments, but not any downward adjustment. ... Dow’s theory would lower the “bar by interpreting s. 18.5 to exclude the Federal Court’s jurisdiction not just where a decision is subject to an express statutory appeal, but also where it is merely captured by an appeal provision by implication” – which was “likely to provoke litigation about which discretionary decisions are caught, implicitly, by statutory appeal provisions in other settings” (para. 8). ...

11 August 2024- 11:47pm Onex – Federal Court finds that CRA should consider, in light of the remedial nature of ss. 220(2.1) and (3), that they could be used to accommodate a late election not listed in Reg. 600 Email this Content In 2014, Bill C-43, which amended the FAPI rules in relation to partnerships, provided that the new rules would apply to taxation years ending after July 12, 2013, unless the taxpayer elected, under Bill C-43, to have the amendments be deemed to have come into force on January 1, 2010. ... Regarding the CRA position that, even if it had the discretion under s. 220(3) to accept the filing of a new T5013 return, no extension was appropriate, Régimbald J found that CRA had failed to consider inter alia that its reassessment “would create injustices” given Onex’s representations that “they always intended to benefit from the ultimate tax result now provided by Bill C-43, and that their request was not an attempt at retroactive tax planning” – and that CRA had “failed to explain why, in its view, the ‘harsh consequences’ in this case better reflected Parliament’s intention”. ...

25 September 2016- 9:42pm Kvas – Tax Court of Canada finds that ss. 84(2) and 160 cannot apply to an involuntary dissolution Email this Content The general contracting corporation (“CIA”) of two brothers was dissolved for failure to file Ontario corporate tax returns. ...

6 October 2016- 11:19pm 407 ETR – Tax Court of Canada finds that Ontario government charges to the 407 Highway operator for OPP patrol services were for an HST-exempt supply of a “municipal service” Email this Content D’Arcy J noted that since “policing services are one of the core services provided by a municipality,” and since the HST exemption in Sched. ...

12 October 2016- 1:26am Hall – Tax Court of Canada confirms that the assessment of Part I tax returns does not engage the running of statute-barring for taxes under other Parts Email this Content D’Auray J confirmed that a T1-OVP form is technically a return made under a separate part of the Act (Part X.1), so that the assessment of timely filings of regular Part I returns of the taxpayer did not commence the running of the normal reassessment period respecting his required reporting of excess-RRSP contribution tax. ...

4 November 2016- 12:09am Jacques – Tax Court treats a 401(k) plan as a savings plan rather than as a superannuation or pension plan Email this Content Graham J found that a 401(k) plan before him was a savings plan rather than a superannuation or pension fund or plan, so that a payment of the balance in the fund to the Canadian beneficiary was not income in her hands. ...

18 November 2016- 1:45am Cheema – Tax Court of Canada confirms that a bare trustee is transparent for tax purposes Email this Content The availability of the new housing GST/HST rebate to the taxpayer under ETA s.254(2) turned on him (or his spouse) being the only person who was “liable” under the purchase agreement. ...

7 December 2016- 10:52pm Koskocan – Tax Court of Canada finds that an individual signing most of a company’s cheques was not a de facto director (for director liability purposes) Email this Content A taxpayer sold all his shares of a company to his son, resigned as director, but continued to sign most of the cheques due to bank requirements. ...

9 December 2016- 12:18am InterOil – B.C. Court of Appeal invalidates a Plan of Arrangement which had received strong shareholder support Email this Content The Yukon Court of Appeal (composed of members of the B.C. ...

3 January 2017- 10:56pm Arsove – Tax Court of Canada finds that there was no s. 126(1) foreign tax credit for US taxes for which a spurious offsetting U.S. credit had been claimed Email this Content A Canadian-resident individual and U.S. citizen was subject to US. income tax of 15% on a distribution to her out of her IRA. ...