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31 August 2023- 11:01pm Whitecap Energy – Alberta Court of King’s Bench finds that the Attorney General could revive a dissolved corporation for the purpose of making a s. 160 assessment of the shareholder Email this Content An Alberta corporation (Whitecap) had been wound up into its sole shareholder. ... Principally at issue was whether the Attorney General had standing as an “interested party,” which was relevantly defined to “mean … a creditor of a dissolved corporation … or …a person designated as an interested person by an order of the Court.” In finding that the Attorney General was not a “creditor,” Schlosser J stated: Taxpayers remain liable for tax when income is earned …. notwithstanding that no return is filed. ...

Alcindor JCQ accepted that the transfer was made to them for the purpose of obtaining mortgage financing on the unit and that they acquired the unit as nominees for 9154-6093 (so that no QST was payable), stating: [D]espite the assignment, 9154-6093 rented Unit 54 to third parties, declared the income from such rentals, and collected the taxes and remitted them to Revenu Québec. … Just before the sale of the Unit in October 2019 [the shareholders] retroceded the building to 9154-6093, which collected and remitted the GST and QST [on the sale] … to Revenu Québec. She further stated that in light of this reporting of the 2019 sale: [A]llowing Revenu Québec to recover QST on the 2009 transaction means that 9154-6093 is remitting QST twice on the same housing unit. … [T]his runs counter to both Revenu Québec's role and tax policy in this regard. ... Agence du revenu du Québec, 2023 QCCQ 10241 under General Concepts – Ownership. ...

14 April 2024- 10:11pm Kute Knit – Quebec Court of Appeal confirms denial of supervisory SR&ED salary claims under Reg. 2900(2)(b) which were asserted rather than proven Email this Content The taxpayer, which was acknowledged by the ARQ to be engaged in SR&ED, had claimed percentages (ranging from 15% to 75%) of the salaries incurred during its 2011 and 2012 taxation years for various management and supervisory employees as being the times that they were directly supervising the prosecution of SR&ED within the meaning of the Quebec equivalent of Reg. 2900(2)(b). ... Other than this table, the appellant did not file supporting documents regarding the percentages set out therein, be they time sheets, SR&ED progress reports, correspondence, minutes of meetings, internal notes or emails related to these tasks, nor did it … call any of the employees from these two groups as witnesses to support these percentages …. The Court found no reviewable error in the finding below that the taxpayer had thus failed to “demolish” the ARQ assessments by making out a prima facie case, that the ARQ’s premise — of the taxpayer not having shown that the reported portions of each employee’s salary could reasonably be attributed to the prosecution of SR&ED — was false. ...

25 July 2024- 11:54pm Centrica – UK Supreme Court finds that professional fees incurred in pursuing a subsidiary sale but before the deal was struck were capital expenditures Email this Content The taxpayer, an intermediate UK holding company for subsidiaries in various countries, incurred fees of an accounting firm, Netherlands law firm and an investment banker in connection with the difficult process for accomplishing a share sale of, or an asset sale by, a Netherlands subsidiary (“Oxxio”). ... Money expended to achieve a disposal of a capital asset is properly regarded as being of a capital nature. … The fact that there was no certainty that the Oxxio business would be sold does not make the expenditure revenue in nature. … Indeed, expenditure on an abortive capital disposal transaction is capital expenditure nonetheless …. ... Summary of Centrica Overseas Holdings Ltd v Commissioners for His Majesty’s Revenue and Customs, [2024] UKSC 25 under s. 18(1)(b) – capital expenditure v. expense- asset disposal expenses. ...

17 December 2024- 11:22pm GFL Environmental – BC Court of Appeal finds that assumptions: should be struck where there is insufficient evidence of their making; but they can contain statements of law Email this Content The taxpayer (GFL), for a monthly charge, provided portable toilets, cleaned them and disposed of the waste. ... He also stated: I endorse the principle … in Preston that tax assumptions containing statements of mixed fact and law will not be invalidated simply on that basis if the factual underpinnings are clearly stated, there is no dispute about the legal principles and no prejudice results. ... GFL Environmental Inc., 2024 BCCA 379 under PSTA (BC), s. 1(1) – related service, and General Concepts – Onus. ...

27 November 2016- 10:54pm Francoeur – Cour du Québec finds that a somewhat quick flip by a builder was eligible for the principal residence exemption Email this Content Aubé, JCQ found that an entrepreneur who had followed a pattern of building and selling residences, realized a capital gain eligible for the principal residence exemption where he built a home to the exacting requirements of his spouse, and then sold it at a gain somewhat over three years after having purchased the vacant lot. ... F. stated that… his lines of credit had reached their limit. … Although Mr. ... Agence du revenu du Québec, 2016 QCCQ 11906 under s. 9 – capital gain v. profit – real estate. ...

13 November 2017- 1:06am Barclays Wealth Trustees – English Court of Appeal indicates that the determination of whether there is a single trust should accord with how a trust lawyer would view the matter Email this Content Henderson LJ rejected a submission on behalf of HMRC that a separate settlement (i.e., trust) was created whenever further property was contributed to be held by the trustee of a previously-settled trust. He stated that his single-trust view was “how a trust lawyer or practitioner would view the matter,” and also was consistent with the statutory definition (in the Inheritance Tax Act 1984) of “settlement,” which referred to “any disposition or dispositions of property … whereby the property is for the time being … held in trust….” ... Commissioners for Her Majesty's Revenue and Customs, [2017] EWCA Civ 1512 under s. 104(1) and Statutory Interpretation – Interpretation/Definition Provisions. ...

In addition to finding that this claim was non-deductible on more usual grounds (e.g., a negative T2200), C Miller J found that there had been no expenditure, stating: … There are no cheques to Ms. ... I conclude there is not. … I do not see how anything has been paid or expended to Ms. ... The Queen, 2018 TCC 1 under General Concepts – Payment and Receipt and s. 8(1)(i)(ii). ...

8 October 2019- 11:14pm Weaver – Quebec Court of Appeal applies the REOP doctrine to a “gentleman farmer” Email this Content A full-time engineer also maintained two horses, which his two daughters rode in equestrian competitions. ... In reversing the finding below that this “gentleman farmer” was entitled to his claimed losses, the Court stated: [T]he judge did not analyze the activities of the respondent in relation to the objective factors laid out … in Stewart, namely, (1) the profit and loss experience in past years; (2) the taxpayer’s training; (3) the taxpayer’s intended course of action; and (4) the capability of the venture to show a profit. … [I]t is difficult to conclude that the predominant intention of the respondent was to derive profit from the equestrian activities of his daughters and that he showed serious businesslike conduct. ... Weaver, 2019 QCCA 1687 under s. 3(a) – business source. ...

3 August 2020- 10:55pm Contact Lens King – Tax Court of Canada finds that on-line sales of contact lenses were not zero-rated given failure to copy purchasers’ prescriptions Email this Content A GST/HST registered U.S. corporation sold and delivered contact lenses (typically replacement contact lenses) to Canadian consumers without verifying that they had a matching prescription. ... II, s. 9 (which requires inter alia that the contract lenses “are, or are to be, supplied under the authority of a prescription prepared … by [a qualified practitioner] for the treatment or correction of a defect of vision,” Smith J stated: [I]t is not sufficient … that the appellant's website inform the consumer of the need for a valid prescription. The appellant must itself obtain a copy of the prescription … from which it can be concluded that the consumer has a prescription "for the treatment or correction of a defect of vision. ...