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Decision summary
Adélard Soucy (1975) Inc. v. Agence du revenu du Québec, 2019 QCCQ 6956, rev'd 2021 QCCA 1050 -- summary under Class 29
. … In default of being able to speak of permanent physical integration, one can certainly speak of a functional integration as the plaintiff could not carry out its operations in the Great North without the Econox. ...
Decision summary
Latulippe v. Agence du revenu du Québec, 2019 QCCA 2177 -- summary under Real Estate
Profit- Real Estate subdivision of rental property prior to sale of individual units did not detract from capital account treatment Three individuals who had purchased an eight-unit rental property in co-ownership, determined around 4 ½ years later to sell the property due to a change in personal circumstances of one of them. ...
Decision summary
Gestions Calce Ltée v. Agence du revenu du Québec, 2019 QCCQ 7377 -- summary under Subsection 13(4)
Agence du revenu du Québec, 2019 QCCQ 7377-- summary under Subsection 13(4) Summary Under Tax Topics- Income Tax Act- Section 13- Subsection 13(4) departure from written terms of lease to find that a rental property was used principally in the active business of a related person One of the exceptions from the rule that a rental property cannot qualify as a “former business property” for purposes of the replacement property rules in ITA ss. 13(4) and 44 references the situation of a “property … leased by the taxpayer to a person related to the taxpayer and used by that related person principally for any other purpose.” ...
Decision summary
Fowler v Commissioners for Her Majesty’s Revenue and Customs, [2020] UKSC 22 -- summary under Article 7
He noted (at para. 33) that the UK domestic deeming provision instead only had a limited purposes, which was to give the diver access to more generous deductions from income, and stated that to apply this limited “deeming provision … so as to alter the meaning of terms in the Treaty with the result of rendering a qualifying diver immune from UK taxation would be contrary to its purpose.” ...
Decision summary
Menasse v. Agence du revenu du Québec, 2020 QCCQ 1829 -- summary under Judicial Comity
In rejecting the ARQ’s submission that it was contrary to judicial comity and an abuse of process for the same transactions to be appealed respecting QST to the Court of Quebec (and before going on to grant the appellants’ appeals in part), Choquette JCQ stated (at paras. 22, 24 and 25, TaxInterpetations translation): With respect, the judgment of the TCC is a transcript of the recording of the oral judgment and does not reveal the facts submitted or the Court's considerations …. ...
Decision summary
Sanctuary v. Agence du revenu du Québec, 2020 QCCQ 1903 -- summary under Subsection 2(1)
He testified that “he never developed a strong sense of belonging to Quebec” and that “his best friend … lived in Ontario” (para. 43). ...
Decision summary
Hudson’s Bay Company v. OMERS Realty Corporation , 2016 ONCA 113 -- summary under Ownership
In the case of a lease, there can be no assignment of the lease to the limited partnership – it must be assigned to the general partner. ...
Decision summary
Gagné Estate v. Canada, 2023 FCA 9 -- summary under Subsection 227.1(4)
A few days before the hearing of the appeal by his estate, its notice of appeal was amended to allege inter alia that Gagné had never been a director (given that the proper corporate procedures had not been followed for his appointment, including his consenting to such appointment. and there being an absence of any resolution appointing him) – an argument never made by Gagné. ...
Decision summary
9127-6287 Québec Inc. v. Agence du revenu du Québec, 2023 QCCQ 4688 -- summary under Business Source/Reasonable Expectation of Profit
.”), 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. ...
Decision summary
Consultants Galaxia Inc. v. Agence du revenu du Québec, 2023 QCCQ 5871 -- summary under Personal Services Business
The only revenues of Galaxia were commissions calculated and collected as a percentage of the billings received by SM from the contracts generated by Galaxia – so that its revenues were highly variable (e.g., $179,991 in 2009 and $760,000 in 2010). ...