Search - 江西农大 毛瑢

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. ...

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. ...

27 April 2018- 12:29am Campbell – Federal Court discloses that a foreign bank consented to provide information respecting foreign transactions of Canadian residents pursuant to a CRA requirement Email this Content The taxpayer sought to add a copy of the record in a different court file to the record in his own case, in which he had applied to have a requirement issued to him under s. 231.1(1) set aside on the basis that it was issued as part of a criminal investigation of him. Before denying this request, Grammond J indicated that the other file entailed: … an application for leave to impose a requirement on Citibank [NA] to disclose information regarding transactions involving Cayman National Bank and unnamed residents of Canada. It was granted on consent. … [I]nformation provided by Citibank as a result of this requirement brought Mr. ...

23 July 2018- 12:11am Bonnybrook – Federal Court of Appeal finds that CRA has the discretion to extend the three-year deadline for applying for a dividend refund Email this Content CRA has had a longstanding view (e.g., in 2013-0499421I7) that s. 220(3) does not accord it the discretion to extend the limitation in s. 129(1) prohibiting a claim for a dividend refund in a return that is filed more than three years late. Woods JA has found that this position is incorrect, stating: The CRA’s view … is that the taxpayer relief provisions cannot affect a filing requirement which restricts the issuance of a dividend refund. The problem with this reasoning is that this is exactly what the taxpayer relief provisions are intended to do — enable the Minister to provide relief from strict filing requirements.... ...

2 August 2018- 11:44pm Moorthy – Court of Appeal of England and Wales finds that non-taxable receipts of an employee for “injury” included damages received for hurt feelings Email this Content The U.K. statute essentially deemed employment income to include any amount received as a consequence of a person’s employment – but had a specific exclusion for a payment provided "on account of injury to… an employee. ... Summary of Moorthy v Revenue and Customs, [2018] EWCA Civ 847 under s. 248(1) – retiring allowance. ...

12 June 2019- 1:02am Smith – Federal Court of Appeal finds that a free parking pass was a taxable benefit notwithstanding business benefits to the employer Email this Content A flight attendant for Jazz Aviation LP received a taxable s. 6(1)(a) benefit when his employer provided him with a parking pass at the Calgary airport, notwithstanding that it would have been difficult for him to commute by other means and the airline’s belief that providing a parking pass to flight attendants enhanced their reliability and flexibility. Laskin JA stated: [I]t is … determinative that Jazz Aviation did not require its flight attendants to commute to work by car, but was content to preserve the personal nature of employees’ commuting choices. ... Smith’s personal choices and not bound up in his employment duties or in the nature of his work as a flight attendant. … [Consistently with Schroter, it] was “an ordinary, every day expense.” ...

26 June 2019- 11:46pm Caplan – Court of Quebec finds that family trust income purportedly distributed to the children beneficiaries was in fact received by the father as beneficiary Email this Content Two university-age children received income-distribution cheques from the discretionary family trust, and endorsed them to their father (who was one of the two trustees as well as a beneficiary), who professed to spend such funds on expenditures for the benefit of the children, such as covering part of the costs of the family car and condominium. In confirming the inclusion of the distributed income amounts in the income of the father under the Quebec equivalent of s. 104(13), Bourgeois JCQ stated: … Michael and Megan each acted as an accommodation party, whether as an agent or nominee, for their father. … Michael and Megan never had control of the sums that were paid to them by the Trust. ...

21 June 2020- 11:52pm Menasse – Court of Quebec declines to follow a TCC judgment on the same transactions given the very brief reasons given Email this Content The appellants were assessed for unremitted GST and QST and to deny claimed input tax credits and input tax refunds. ... These circumstances are not sufficient to conclude that there was an abuse of process …. ... Agence du revenu du Québec, 2020 QCCQ 1829 under General Concepts – Judicial Comity. ...

27 April 2021- 12:25am Danby Products – Federal Court of Appeal applies a rebuttable presumption that the ordinary meaning of a word should prevail over its industry meaning Email this Content Locke JA rejected a taxpayer submission that a wine cooler was not a refrigerator notwithstanding that there was “no dispute … that the industry does not treat wine coolers as refrigerators,” stating: I do not wish to suggest that the ordinary meaning of a term should always apply even where it has a meaning in the industry. ... Canada (Border Services Agency), 2021 FCA 82 under Customs Tariff Act, Customs Tariff Schedule, Chapter 84, Tariff Item 84.18 and Statutory Interpretation – Ordinary meaning. ...

14 February 2022- 11:02pm De Geest – Federal Court of Appeal confirms gross negligence penalty where taxpayer’s legal argument had “no merit” Email this Content The taxpayer, who stated that he had formed the subjective activity to no longer carry on his work of installing windows and other construction work as a business, was assessed for failure to report $625,157 of business net income generated in three of his taxation years. In rejecting the taxpayer’s position, Webb JA stated: [T]he appellant … acknowledged that the monies he received were used for his personal and living expenses. He therefore intended to receive monies in excess of the related expenditures … [I]n effect he did have the intention of earning a profit, i.e., the intention of receiving amounts in excess of his expenses. ...