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Lachapelle JCQ found that St-Joseph was not entitled to input tax refunds (ITRs) pursuant to QSTA s. 199(b) (similar to ETA s. 169(1) – B(b)) as there was no evidence of improvements (i.e., additions to the ACB) of the portion of the building used in commercial activities of St-Joseph. Turning to QSTA s. 199(c) (similar to ETA s. 169(1) – B(c)), she went on to reject an argument of St-Joseph based on QSTA s. 42.5 (similar to ETA s. 141.1(3)(a)) that it had incurred the costs “in connection with the … termination of a commercial activity” of it, so that such costs were deemed to have been incurred in the course of its commercial activity. ...

St-Joseph argued based on the QSTA equivalent of ETA s. 141.1(3)(a) that it had incurred the costs “in connection with the … termination of a commercial activity” of it, so that such costs were deemed to have been incurred in the course of its commercial activity. ... " In rejecting this position and before dismissing St-Joseph’s appeal, the Court stated (at paras. 4-5): [Its] argument … fails to explain how the transformation aimed at a new activity is, in itself, related to the termination of the previous activity. … [T]he expenses for the renovation and transformation into an RSR were not related to the termination of the commercial rental activity, and the judge's conclusion that they could not be linked to it is free of error. ...

. … There is some Canadian authority [citing Bowater and Wacky Wheatley's] to the effect that expenditure on a capital project which does not result in the acquisition of a capital asset is deductible. ... Obtaining the consents thus represented tangible progress towards their completion. … [H]owever...expenditure associated with early stage feasibility assessments may be deductible. Such assessments can be seen as a normal incident of business. … Expenditure which is not directed towards a specific project or which is so preliminary as not to be directed towards the advancement of such a project is likely to be seen as being on revenue account. ...

ACN 154 520 199 Pty Ltd (in liquidation) v Commissioner of Taxation, [2020] FCAFC 190-- summary under Precious Metal Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Precious Metal market criteria for gold to be in investment form An Australian GST provision effectively zero-rated a supply of “precious metal” (relevantly defined as gold, in an investment form, of at least 99.5% fineness) if it was the “first supply of that precious metal after its refining by … the supplier”. ... That document stated at [29]: … for gold, silver or platinum to be in an investment form for the purposes of the GST Act, it must be in a form that: is capable of being traded on the international bullion market, that is, it must be a bar, wafer or coin; bears a mark or characteristic accepted as identifying and guaranteeing its fineness and quality; and is usually traded at a price that is determined by reference to the spot price of the metal it contains. It was common ground before the Tribunal that the above view of what constitutes “investment form” was generally accepted; the parties also agreed that, absent a recognised mark and indication of fineness, a gold bar will not be “precious metal” irrespective of its degree of metallic purity …. ...

Agence du revenu du Québec, 2023 QCCQ 4688-- summary under Subsection 18(3.1) Summary Under Tax Topics- Income Tax Act- Section 18- Subsection 18(3.1) s. 18(3.1) equivalent prorated between the construction of golf course buildings and work on the golf course The taxpayer, during the taxation years at issue, suspended the operation of its golf course to backfill two artificial lakes in its driving range and to replace its clubhouse and garage – as well as to partially construct (but never complete) a mini-golf course. ... After referring to s. 135.4, Bourgeois JCQ stated (at paras. 54, 57-58, 60, TaxInterpretations translation): [T]he wording of this section cannot apply to work done on the driving range, golf course maintenance or the various tasks involved in building a mini-golf course, since they can in no way be equated with a "building or the land subjacent to the building, or the contiguous land necessary for the use of the building or a parking area, driveway, yard, garden", etc. … [T]he Court, using its judicial power, exercised reasonably, determines that 50% of the costs of insurance, interest and bank charges, long-term interest, business taxes, licences, consulting fees, property taxes, utilities and telephone are deductible. … [Thus] only the 50% of the costs related to those expenses during the construction period of the clubhouse and garage should be subject to the denial under TA section 135.4.... ...

., 2015 QCCA 838, aff'd 2016 SCC 55-- summary under Foreign Accrual Property Income Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(1)- Foreign Accrual Property Income FAPI from loan by CFA to Canco The taxpayer implemented a plan, to neutralize the effect of FX fluctuations on its investment in a U.S. sub, that overlooked FAPI considerations – so that interest on a loan made by the sub back to Canada was included in the taxpayer's income. ... See summary under General Concepts – Rectification. ...

. … The Amount was paid as a lump sum as an additional reward to Mr Blank for the services he had performed for the Glencore Group. … The IPPA 2005 also recorded that Mr Blank had no interest whatsoever in the GS and did not acquire any right in or title to any assets, funds or property of GI, Glencore AG or any other subsidiary. … [A] GS granted no more than a claim to a cumulative portion of the balance sheet profit, and that the claim was granted not upon the issue or allocation of the GS to the employee but upon restitution of the GS at the time the employment ceased. … The fact that the Amount was paid after the termination of the contract of service, by a person other than the employer (here, GI) and separately to ordinary wages, salary or bonuses, does not detract from its characterisation as income if the payment is, as here, a recognised incident of the employment. ...

Chevron Australia Holdings Pty Ltd v Commissioner of Taxation, [2017] FCAFC 62-- summary under Subsection 247(2) Summary Under Tax Topics- Income Tax Act- Section 247- New- Subsection 247(2) cross-border loan made on arm’s length terms would have benefited from a parent guarantee or other security The U.S. subsidiary (“CFC”) of the taxpayer (“CAHPL” – which was an Australian subsidiary in the Chevron multinational group) borrowed in the U.S. commercial paper market at a borrowing cost of about 1.2% with the benefit of a guarantee from their ultimate U.S. parent, and on-lent U.S.$2.45 billion of such funds under an unsecured Australian-dollar credit facility to CAHPL at about a 9% interest rate. ... In dealing first with the Division 13 rule, Pagone J (with whom Allsop CJ agreed and whose reasons were adopted by Perram J) stated (at paras 124, 132, 133): … The evidence found by his Honour was that the borrowing by CAHPL would not have been sustainable if obtained from an independent party. … As a standalone company, severed from the financial strength of its ultimate parent and corporate group, CAHPL could not secure a loan for an amount equivalent to $US2.5 billion at the rate obtained by its subsidiary with the backing of the ultimate parent. The evidence...amply supported...the reasonable expectation of a borrowing by CAHPL being supported by security. … An alternative submission made by CAHPL, however, does have some force. ...

. … Such suspicions were not the equivalent of reasonable grounds to believe that BT Céramiques and Bruno had corrupted a CRA official. … Did the CRA possess such grounds before the transfer of the file to the SEP in April 2007? ... The discovery of an invoice for a kitchen counter permitted a belief that lammarone had been placed in a situation of a conflict of interest. … [T]his did not constitute a reasonable ground to permit the CRA to obtain a search warrant or to make accusations of corruption against BT Céramiques or Bruno. … Furthermore, the judge contrasted “auditing” and “investigation” in concluding that there was a contravention of the Jarvis principles. ...

As a result of the above subscriptions and conversion, and a Class A share subdivision, on December 17, 1998 the issued and outstanding share capital of the Corporation was as follows: each of Charles and Philippe: 5,156 Class A shares with a paid-up capital of $723,026; FRSE – 2,412 Class A shares with a paid-up capital of $338,235; and FSTQ- 3,181 Class A shares with a paid-up capital of $446,072. ... Respecting his first finding, he stated (at paras. 64-65, 72-73, TaxInterpretations translation): [T]he evidence … demonstrates that the investment made by the FSTQ in 1998 in Class A common shares as well as the exchange by the FRSE Fund of its share in the Corporation for common shares, were imposed on the Custeau Group by the FSTQ. These transactions did not form part of a tax plan or a long term plan with an objective or goal of crystallizing the capital gains exemption in 2003 and 2004 and reducing capital in 2006. … [T]he capital dilution had already occurred in 1998, at the time of the investment by FSTQ, and is not to be linked to the 2006 capital reduction that produced a tax benefit. … [I]t was financially inconceivable in 1998 for the plaintiffs to one day to be in the position to redeem the investment of FSTQ and FRSE and have enough liquidity to effect a reduction in capital in the neighbourhood of $555,000 each in 2006. ...