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TCC (summary)
Andrei 95 Holdings Ltd. v. The Queen, 2015 TCC 224 (Informal Procedure) -- summary under Subsection 169(1)
This is because the making of exempt supplies is excluded from the definition of “commercial activities” … Also, I find that the legal fees incurred by the Appellant in the course of litigation commenced in January 2011 have not been shown to have been related to or connected with any commercial activity carried on by the Appellant. ...
FCTD (summary)
AFD Petroleum Ltd. v. Canada (Attorney General), 2016 FC 547 -- summary under Subsection 37(11)
…[T]echnological obstacles and uncertainties … could readily change from one year to the next. ...
TCC (summary)
Club Intrawest v. The Queen, 2016 TCC 149, varied 2017 FCA 151 -- summary under Agency
(the “Canadian Resort Point Purchasers” and “American Resort Point Purchasers,” respectively – who also thereupon became member of the Appellant, along with the Canadian and U.S. ...
Decision summary
Gemeente Woerden (Municipality of Woerden) v. Staatsecretaris van Financiën (Secretary of State for Finance, Netherlands), C:2016:466 (European Court of Justice (10th Chamber) ) -- summary under Subsection 141.01(1.1)
. … [I]t follows from the case-law...that if the supply price is lower than the cost price, the deduction cannot be limited in proportion to the difference between the supply price and the cost price, even if the supply price is considerably lower than the cost price, unless it is purely symbolic…. ...
FCTD (summary)
Anthony v. Canada (National Revenue), 2016 FC 955 -- summary under Separate Existence
. … …The Applicant chose to collect revenue generated by the machines personally, rather than through his corporation, and he cannot rely upon an accounting principle to ignore the legal reality of the lease and argue that the cost of the lease payments should be attributed to him personally and deductible from his personal income for the 2001 taxation year. …... ...
TCC (summary)
Oxford Properties Group Inc. v. The Queen, 2016 TCC 204, rev'd 2018 FCA 30 -- summary under Subsection 248(10)
. … [T]he Appellant, when selling its limited partnership interests in Atria LP and CEC LP to the subsidiaries of AIMCo, clearly took into account the transactions… that resulted in the packaging of the real property into limited partnerships and the bumping of the adjusted cost base with respect to such limited partnerships. ...
TCC (summary)
Oxford Properties Group Inc. v. The Queen, 2016 TCC 204, rev'd 2018 FCA 30 -- summary under Subsection 97(2)
. … Parliament…made the positive decision to limit the application of subsection 69(11) to transfers to tax-exempt entities that occur within the three-year period [in s. 69(11).] ...
Decision summary
Barlis 06 - Investimentos Imobiliários e Turísticos SA v. Autoridade Tributária e Aduaneira, [2016] EUECJ C-516/14 (European Court of Justice (Fourth Chamber)) -- summary under Subsection 169(4)
…[T]he authorities … must also take account of the additional information provided by the taxable person. ...
Decision summary
Chevron Australia Holdings Pty Ltd v Commissioner of Taxation, [2017] FCAFC 62 -- summary under Retroactivity/Retrospectivity
. … That a person may not be aware at an earlier point in time what the criteria of liability may subsequently be made to apply to that earlier point in time does not make the legislation arbitrary or incontestable…. ...
FCA (summary)
High-Crest Enterprises Limited v. Canada, 2017 FCA 88 -- summary under Government Funding
. … Also paragraph 191.1(2)(c) of the ETA is a condition that, if satisfied, will result in certain consequences under the ETA. ...