Search - 报销 发票日期 消费日期不一致
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Decision summary
Francoeur v. Agence du revenu du Québec, 2016 QCCQ 11906 -- summary under Real Estate
Aubé JCQ found (at paras 69.1, 69.5, 69.6, 70, 71, and 72, Tax Interpretations translation): … [T]he whole family was involved in the project. … The profit realized on the sale was used to reimburse the lines of credit. ...
Decision summary
Stock ‘94 Szolgáltató Zrt. v Regional Customs and Finance Directorate-General for Southern Transdanubia of the National Tax and Customs Office, Hungary, [2016] BVC 45, C-208/15 (European Court of Justice (5th Chamber)) -- summary under Paragraph (f)
. … In particular, a supply must be regarded as ancillary to a principal supply if it does not constitute for customers an end in itself but a means of better enjoying the principal service supplied…. ... …Stock ‘94 itself acknowledges …, not having authorisation to act as a credit institution, it could not grant loans to the integrated producers without their being intended for the purchase of its current assets. ...
Decision summary
Uber B.V. v Commissioner of Taxation, [2017] FCA 110 -- summary under Subsection 240(1.1)
Before declaring that the taxpayer was supplying “taxi travel,” Griffiths J stated (at paras. 135, 138): … I consider that the words in s 195-1 should be given their ordinary, everyday meanings and not a trade or specialised meaning (including one which reflects what Dr Abelson describes as a “regulatory concept”). I accept …that the ordinary meaning of the word “taxi” is a vehicle available for hire by the public and which transports a passenger at his or her direction for the payment of a fare that will often, but not always, be calculated by reference to a taximeter. … The fact that his car did not have a taximeter installed in it is not determinative…. ...
Decision summary
Toronto Dominion Bank v. B.C. (Commissioner of Income Tax), 2017 BCCA 159 -- summary under Subsection 220(3.2)
It is clear … the Commissioner dealt with TD’s request on the basis that her discretion was circumscribed by the extraordinary-circumstances exception. … By doing so, she fettered the broad discretion given to her by s. 24(1) of the IBAA, and her decision is, therefore, unreasonable. ...
Decision summary
Vinet v. Sous-ministre du Revenu du Québec, 2017 QCCQ 3957, aff'd 2019 QCCQ 574 -- summary under Paragraph 96(2.4)(a)
The taxpayer submitted that he had ceased to be a limited partner by virtue of s. 2244 of the Civil Code- which provided that a limited partner “may not negotiate any business on behalf of the partnership or act as mandatary or agent for the partnership” – on the basis of his involvement in the business of SEC including negotiating with suppliers and making various purchases. ... Breault JCQ also stated that he shared the conclusion in an article (quoted at para. 87) that: We are in complete disagreement with the position…that the control exercised by a limited partner or limited partners over the corporate general partner suffices to engage liability of the limited partners by the combined application of articles 317 and 2244 of the C.c.Q. … [I]t is only in the common law provinces that the control of the internal management of a limited partnership gives rise to liability of the limited partners…. ...
Decision summary
Cosmopolitan Music Society of Canada v. The Queen, [1995] GSTC 19 (TCC) -- summary under Paragraph 1(f)
.' In my view, those words describe the … Society. The supervision is provided by the conductor of the band or choral group. ... Although the … Society is a registered charity, the right of its members to the supervision of a conductor in their recreational activity falls within paragraph 2(j) of Part VI Schedule V. ...
Decision summary
Lewski v Commissioner of Taxation, [2017] FCAFC 145 -- summary under Paragraph 248(8)(b)
. … Neither the applicant, nor Mr Lewski on her behalf, took any step to disclaim the distribution before 15 December 2015. In these circumstances … we consider the conclusion that the applicant was taken to have had knowledge of, and to have accepted, the gifts before 15 December 2015 to be consistent with the cases and principles discussed above. ...
Decision summary
Brochu v. Agence du revenu du Québec, 2018 QCCS 722 -- summary under Section 8
. … [A] requirement certainly cannot be used to disguise a seizure made without judicial authorization. In such circumstances, section 8 of the Charter … was infringed by the ARQ…. ...
Decision summary
Giguère v. Agence du revenu du Québec, 2018 QCCQ 874 -- summary under Subparagraph 40(1)(a)(i)
In rejecting this position, Vaillancourt JCQ stated (at paras. 32-34, TaxInterpretations translation): The plaintiff … recognized having received the amounts from Groupe Norbourg without any right thereto, which constitutes an insurmountable obstacle to her argument that she paid the interest on a loan. … [T]he plaintiff paid the interest to RSM for the sole purpose of buying time to repay the receiver the sums which she had received without any right thereto. ...
Decision summary
Canada Without Poverty v. AG Canada, 2018 ONSC 4147 -- summary under Charter (Constitution Act, 1982)
In response to the Attorney General’s argument that “the Applicant has a right to free speech, not to subsidized speech” through the ability to issue charitable receipts, Morgan J stated (at para. 43): [T]he evidence is that the Applicant cannot function – or will have difficulty in functioning – in the absence of registered charitable status. ...