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12 March 2019- 11:59pm Roy – Tax Court of Canada finds that CRA could not deny the carry-forward of excess RRSP contributions as an imposed quid pro quo for forgiving Part X.1 penalty tax Email this Content The taxpayer made a substantial overcontribution to his RRSP to fund investments that quickly became worthless. ... Moreover … the Court does not make decisions on the basis of fairness.... ...

14 March 2019- 12:38am Bernardin – Court of Quebec finds that interest that accrued prior to a class action judgment having become res judicata was non-taxable Email this Content An individual, by virtue of being part of a group of class action claimants, was awarded damages in 2004 of $1,200 for each of the seven winter seasons in which she had endured snowmobile noise. ... Coutlée, J.C.Q. found that this liquidation date did not occur until July 3, 2009, being the date on which the Attorney General of Quebec abandoned the appeal which had been launched in December 2004 (reasoning that it was only on that date that “the November 30, 2004 judgment attained the status of res judicata”) – so that only the awarded interest that was referable to the period after July 3, 2009 was taxable to the individual. ...

4 April 2019- 11:04pm Cameco – Federal Court of Appeal finds that CRA cannot under s. 231.1(1) compel oral answers to its questions other than for aid in auditing taxpayer books and records Email this Content Cameco had appealed transfer-pricing assessments to the Tax Court. ... Cameco Corporation, 2019 FCA 67 under s. 231.1(1)(a) and Statutory Interpretation – Ejusdem generis and Redundancy. ...

23 April 2019- 11:13pm Trover – Tax Court of Canada finds that a dividend by a sole director could not be backdated to when there was another director Email this Content While Ms. ... Trover had not received this amount as a dividend (and in reversing the assessment including that amount in her income), Monaghan J stated: I accept that practice in the “real world” does not always conform with best practice. … [and] that directors and/or shareholders may make a decision and act upon it, even though they may not record that decision in writing until a later date. ...

28 April 2019- 10:52pm Green – Tax Court of Canada finds that a severe anxiety disorder qualified the taxpayer for the disability tax credit Email this Content Whether the taxpayer was entitled to the disability tax credit turned on whether her anxiety disorder represented a mental impairment that markedly restricted her ability to perform one or more basic activities of daily living substantially all the time. ... Green’s behaviour is not illogical, but her choices are affected by her anxiety. … Her anxiety causes a lot of avoidance, procrastination and withdrawal, which assists Ms. ...

4 June 2019- 12:46am Anand – Tax Court of Canada accepts oral evidence that the parties' written contract did not reflect their contractual intent Email this Content CRA assessed an individual (“Anand”) on the basis that he had provided services as a general contractor for the construction of a new home (so that he should have charged HST on the full cost to the landowning couple (Dr. ... The Queen, 2019 TCC 119 under General Concepts – Evidence. ...

6 June 2019- 12:58am Glatt – Federal Court orders CRA to pay interest on a refund where CRA thought there was no statutory authority for interest Email this Content Following his assessment for a s. 163.2 penalty, the taxpayer paid $1M to CRA so as to offset interest which would be borne by him if the assessment were upheld. After the assessment was vacated pursuant to a consent judgment, CRA issued a Notice of Reassessment showing the cancellation of the penalty and a refund of the $1M but denying any refund interest on the basis that s. 164(3) requires a taxation year to be specified in order for interest to be paid – and a s. 163.2 penalty is not calculated by reference to any particular taxation years. ...

19 June 2019- 11:48pm Moras – Tax Court of Canada finds that s. 20.1(2)(c) allowed a taxpayer to deduct interest on personally-owed debt following a drop-down Email this Content Prior to the transfer of his accountancy practice in 2007 to his corporation, the taxpayer borrowed under a home equity line of credit to fund alleged expenses of that practice. ... An oddity is that CRA initially had disallowed the deduction of all of the HELOC-financed expenses, and then at trial conceded that 2/3 of them were deductible – yet Favreau J allowed all of the related interest to be deducted under s. 20.1(2)(c). ...

26 June 2019- 12:35am Aquilini Estate – Tax Court of Canada finds that partnership income and losses should be allocated proportionately to capital invested and recognizing work performed Email this Content The facts of this case, involving the successful application by CRA of s. 103(1.1), are perhaps too extreme to merit an extensive description. ... Pizzitelli J rejected submissions that “all circumstances, including personal family circumstances and personal estate planning goals must be considered” and that the income and loss allocation methodology could be supported from the standpoint of estate planning objectives – and instead thought that “the reasonable business person would only consider factors relevant to their own business considerations having regard to their own business interest,” which confirmed his view that the focus should be on the respective capital invested and work performed. ...

28 June 2019- 12:45am Bitton Trust – Supreme Court of Canada finds that the ARQ could issue a requirement to a Calgary branch of a Quebec bank Email this Content The ARQ, which was seeking to determine whether a supposed Alberta trust was resident in Quebec, issued a requirement to a Calgary branch of the National Bank of Canada for various bank records respecting the trust under the Quebec equivalent of ITA s. 231.2(1). ... Before concluding that the ARQ had not exceeded its territorial competence in making this requirement, Rowe J found that the sending of the requirement to the Calgary branch (which was deemed to be a separate entity only for the limited purposes of s. 462) did not detract from the fact that it was sent to a person (the bank) that operated in Quebec, stating: It would be absurd if the procedural requirements imposed by s. 462(2) … were understood to affect the ARQ’s authority to issue a formal demand to a bank that operates within its territorial jurisdiction. ...