Search - 水晶光电 行业地位 发展趋势

Richter – Quebec Court of Appeal finds that the court below could accord priority to interim bankruptcy-proposal financing over the ITA s. 227(4.1) trust for source deductions Email this Content At the conclusion of the sale process for the assets of two debtors who had filed a proposal under the Bankruptcy and Insolvency Act (“BIA”), the net sale proceeds were less than both the amount of interim financing from CIBC that the Quebec Superior Court had ordered to have a super-priority, and the total amount of unremitted federal and Quebec source deductions. ... Callidus indicated that the “proposal provisions in the BIA serve … the same remedial purpose as those in the CCCA – i.e., the financial rehabilitation of an insolvent corporate debtor” and “to the extent possible, the two statutes should be treated in a harmonized fashion.” Regarding the Attorney General’s argument- that BIA s. 50.6(3), which provided that the “court may order that the … charge rank in priority over the claim of any secured creditor,” did not apply because s. 227(4.1) did not create a security interest- “it would seem nonsensical in the overall scheme of the BIA that a court could order that the interim lending charge take priority over the claim of any hypothecary or mortgage creditor but not over the claim of an unsecured creditor benefiting from a sui generis non-proprietary right akin to a floating charge, that is, the ITA Deemed Trust. ...

Moreover, an amount of money is deemed received by an employee when it is available to the employee. … [A]lthough this Court cannot confirm the exact remuneration received by Mrs. ... After having noted that “the Crown bears the onus for the penalty,” and in reversing the penalty, Gagnon J stated: The role of the Court is to determine whether the penalty was either validly imposed or not. …. ... The King, 2024 TCC 1 (Informal Procedure) under s. 227(9) and General Concepts – Payment and Receipt. ...

16 July 2025- 12:11am Bosa – BCSC considers that it lacked the jurisdiction to consider a request to rectify a clause in a family trust indenture whose interpretation was at issue in an impending TCC appeal Email this Content The petitioners were the beneficiaries of a family trust, who sought to rectify the terms of the Trust Indenture to clarify that the assets of the trust had vested indefeasibly in them on the date defined in the Trust Indenture as the "Distribution Date," which occurred approximately 10 months before the 21st anniversary of the formation of the trust. ... Those arguments are the subject of the appeal to the Tax Court …. In further finding that, even if she had jurisdiction, rectification would not be appropriately granted, she stated, after referring to Collins Family Trust: I consider the declarations that are being sought … to be an attempt to avoid an unintended tax liability. ... Summary of Bosa v Canada, 2025 BCSC 1284 under General Concepts – Rectification. ...

9 November 2016- 11:18pm Mazo – Tax Court of Canada finds that successful participation in a pyramid scheme gives rise to business income Email this Content Graham J found that whereas successful participation in a Ponzi scheme gives rise to property income, successful participation in a pyramid scheme gives rise to business income. ... The Queen, 2016 TCC 232 under s. 248(1) – business and s. 9 – timing. ...

22 November 2016- 10:54pm Alexander College – Federal Court of Appeal finds that a private college qualified as a “university” for GST purposes Email this Content The ETA states that a "’university’ means a recognized degree-granting institution or an organization that operates a college affiliated with, or a research body of, such an institution. ... The Queen, 2016 FCA 269 under ETA s. 123(1) – university, Sched. V, Part III, s. 7 and Statutory Interpretation – Interpretation Provisions. ...

6 February 2017- 11:06pm 2252493 Ontario – Tax Court of Canada refuses to relieve from charging HST on a real estate sale where the purchaser’s bare trustee capacity was undisclosed Email this Content The vendor of a commercial property signed a sale agreement with a purchaser (Mayling) who was not registered for HST purposes – but then, on closing, was directed to transfer title to a purchaser (840 Holdings), which was HST-registered. The vendor was later informed that, in fact, 840 Holdings was purchasing on behalf of two other registered companies who had acquired beneficial co-ownership interests in the property – and who self-assessed themselves for the applicable HST. ...

7 May 2017- 5:21pm Foote – Tax Court of Canada finds that a senior stock broker realized gains on a small personal portfolio on income account Email this Content The co-head of institutional trading at a full-service brokerage, who engaged in active stock trading in his personal account for the last 10 months of 2009 (with an average hold period of about 50 days), was found by Boyle J to have realized his gains on income account, notwithstanding the relatively small size of his portfolio (starting at $650,000) relative to his employment income, and the fact that he significantly underperformed the stock market. ... The Queen, 2017 TCC 61 under s. 9 – capital gain v. profit – shares. ...

18 May 2017- 8:49am Robotx Solutions – Tax Court of Canada finds that solving narrowly-cast production engineering problems was not SR&ED Email this Content There was something paradoxical about a company contractually committing itself to come up with narrowly defined solutions to particular production problems of its clients, e.g., designing, making and installing a “flow rectifier plate” to straighten-out rectangular aluminum bars coming out of an extruder, while at the same time treating a portion of its expenditures in performing such contracts as “experimental development,” which requires that there be significant technological uncertainty to be resolved, i.e., a significant chance that a solution would not be found within a predictable time frame. ... The Queen, 2017 CCI 73 under s. 248(1) – scientific research & experimental development. ...

2 June 2017- 12:45am Hart – Federal Court of Australia finds that summarizing legal tax advice received in a submission to the tax authority resulted in loss of privilege over the opinion letter Email this Content The taxpayer argued that he was not subject to the application of the Australian general anti-avoidance rule given that he had relied on two legal opinions. ... A similar dilemma was avoided in Inwest, where it was sufficient, in helping to establish that the taxpayer’s filing position did not reflect carelessness, to indicate that it had consulted with counsel, without the specific advice received being put in evidence – so that there was no waiver of solicitor-client privilege. ... Summary of Hart v Commissioner of Taxation (No 3) [2017] FCA 571 under s. 232(1) – solicitor-client privilege. ...

30 November 2017- 12:28am Abdalla – Tax Court of Canada finds that a “poorly worded” CRA-drafted waiver nonetheless was good enough to effect a valid waiver of appeal rights when signed Email this Content In rejecting taxpayers’ submissions that they had not given valid waivers of their right to appeal, Rossiter CJ quoted the statement in Saskatchewan River Bungalows, [1994] 2 SCR 490 that: Waiver will be found only where the evidence demonstrates that the party waiving had (1) a full knowledge of rights; and (2) an unequivocal and conscious intention to abandon them. In finding that this test was satisfied here, he stated that although the waiver letter drafted by CRA was “poorly worded … if read in its entirety … there is a sufficient and adequate explanation in the letter [such] that a person would have full knowledge of the rights being waived.” ...