Search - 赤峰 二中 初中学区划分 2005

5 February 2019- 11:47pm Monsell – Tax Court of Canada finds that CRA had the onus of substantiating assessments underlying s. 160 assessments where it had superior records access Email this Content The taxpayers (a husband and wife) received payments from a corporation that had been reassessed for its 2005 to 2007 taxation years and had not objected thereto. ... D’Auray J quoted the principle in Mignardi that where the facts concerning the underlying reassessments are exclusively or peculiarly within the knowledge of the Minister, the onus will shift to the Minister to show the correctness of the underlying reassessments before finding that the onus was on the Minister to demonstrate the correctness of the underlying reassessments for the 2005 and 2006 years. ...

1 August 2023- 11:33pm Greer – Tax Court of Canada finds a shareholder benefit regarding a transfer to an individual shown on the register as holding one of the 1000 shares Email this Content Spiro J applied the presumption in s. 181(3) of the Business Corporations Act (NB) that an entry in a share register is, in the absence of evidence to the contrary, proof that the holder shown in the register is the owner of the share, to find that the transfer of four properties (valued by Spiro J at over $2.4 million) by a corporation to the taxpayer, who was shown in the register as holding one of the 1000 shares, gave rise to a corresponding shareholder benefit under s. 15(1). The Minister had initially assessed the wrong taxation year of the taxpayer (2006), but later reassessed his 2005 taxation year (the correct year) beyond the normal reassessment period. Spiro J found that this reassessment was not statute-barred under s. 152(4)(a)(i), stating that “[h]is failure to consult a tax professional before filing his 2005 return reflects a lack of reasonable care and was, therefore, negligent.” ...

7 August 2018- 12:34am Ludmer – Quebec Superior Court considers equity-linked notes held in BVI company were reasonably viewed as portfolio investments held with a tax avoidance purpose, but were not reasonably viewed as being subject to 7000(2)(d) interest accrual Email this Content The Canadian-resident taxpayers were shareholders of a BVI company (“SLT”) which, in turn, held notes issued by two foreign subsidiaries of two Canadian banks. ... It was also unreasonable for CRA to assess all of the increase in value of the notes in the taxation years prior to 2005 (which were statute-barred) in its reassessments for the 2005 taxation year. ... Attorney General of Canada, 2018 QCCS 3381 under s. 94.1(1), Reg. 7000(2)(d), s. 56(2), s. 152(4)(a)(i), s. 152(1) and General Concepts – Negligence. ...

18 September 2018- 11:46pm Hokhold – Federal Court of Appeal finds that a bad debt claim requires the specific identification of which “debt” claims went bad Email this Content Partly as a delayed consequence of CRA’s seizure of computers and dental equipment of a dental practice and the misplacing of records when his practice subsequently was closed, the dentist was only able to collect a portion of the revenues that he had included in his 2005 to 2008 returns. ... In agreeing with this finding, and before going on to dismiss the appeal, Boivin JA stated: [I]n order to have a “liquidated money demand, recoverable by action” one must know the identity of the debtor and the amount owed …. ...

25 April 2016- 7:34am Wesdome Gold Mines – Cour du Québec finds that assessments of an already-dissolved corporation were invalid Email this Content The immediately preceding post notes that Wesdome successfully appealed an assessment by ARQ of its 2005 year denying CEE deductions. ...

5 September 2019- 11:39pm Silver Wheaton – Tax Court of Canada denies class action plaintiffs access to documents provided on discovery in transfer pricing dispute Email this Content Silver Wheaton (renamed Wheaton Precious Metals) was assessed in 2015 for Cdn.$353M respecting CRA’s position that, pursuant to s. 247(2), Wheaton’s income should be increased by an amount equal to substantially all of the income earned outside Canada under precious metal streaming contracts by its Caymans subsidiaries for the 2005 to 2010 taxation years. ...

26 February 2020- 12:35am Clément – Tax Court of Canada finds that s. 8(1)(b) did not cover legal costs of an action to extend the period of employment Email this Content The taxpayer worked as a provisional judge for the Montreal Municipal Court up until 2005, and then served as a full-time judge up until 2012, at which time he was forced to resign as he had attained the age of 70 – which meant that he was 23 months short of the requisite years of full-time service required to generate a full pension. ... Respecting his alternative ground- seeking a declaration that the three years during which he acted as a provisional judge be taken into account in the calculating his pension – she noted inter alia that s. 8(1)(b) did not extend to amounts that would have been included in his income under s. 56 rather than s. 5. ...

24 May 2021- 11:04pm Lauzon – Federal Court rejects an unjust enrichment claim by a taxpayer claiming he had not received refund cheques Email this Content The taxpayer alleged that he had not received cheques for refunds claimed in his returns for his 2005 and 2006 taxation years, which CRA’s records showed as having been paid, and brought an action against CRA in 2018 for unjust enrichment on the basis that it had not in fact received the refunds. ... Canada (Revenue Agency) 2021 FC 431 under General Concepts – Unjust enrichment and s. 248(7). ...

24 August 2015- 11:13pm Remtilla – Tax Court of Canada finds that a T1 adjustment request was a waiver keeping the year in question open Email this Content When the taxpayer realized a large loss from options trading in 2008, he decided to report it on income account and filed a T1 adjustment request for his smaller 2005 loss and 2006 and 2007 gains from option trading (previously reported on capital account) to be adjusted to income account. ...

24 November 2019- 11:55pm Holland – Federal Court finds that a taxpayer could not challenge a CRA residency determination that had not yet been assessed Email this Content The taxpayer, who left Canada in 2004 and returned in January 2010, filed a voluntary disclosure application in July 2015 covering the period from 2004 to 2014, but did not file returns for 2005 to 2009, taking the position that for those years he was a non-resident. ...