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Keybrand Foods – Tax Court of Canada finds that if A controls de facto B and C, B controls de facto C

However, two months later, the taxpayer borrowed a larger sum in connection with subscribing for and acquiring common shares of Vidabode in order inter alia to fund the repayment by Vidabode of the GE Capital loans. ...

Roofmart – Federal Court of Appeal states that Hydro-Québec regarding limitations on unnamed person requirements (UPRs) “ought not to be followed”

In rejecting Roofmart’s reliance on the statement in Hydro-Québec that "[w]hen the group is generic and has no connection to the ITA, and information can be requested outside of the scope of the ITA (such as identifying the business clients of a public utility) there is no longer any limit on the fishing expedition," Rennie JA stated that this “passage is not a legal test but analysis of whether, on the facts of that case, there was an ‘ascertainable group’ and whether the information was required for the purposes of verifying compliance,” and that ”the suggestion in the reasons that the information sought was available through other means and therefore could not be obtained through a UPR [unnamed person requirement] is inconsistent with this Court’s jurisprudence, and ought not to be followed.” ...

Bayer Canada – CRA is ordered to pare back a s. 231.6(2) requirement for foreign-based information in the absence of any real explanation as to why it needed this much

After referencing the Saipem test of “a rational connection … between the information sought and the administration and enforcement of the ITA,” Fothergill J pared back the terms of the requirement to something roughly comparable to what CRA had previously asked for, and with a further limitation that Bayer Canada was only required to produce Bayer-Group agreements with 21 pharmaceutical companies that had been specifically named by CRA. ...

Marino – Tax Court of Canada finds that an individual not within s. 2(1) or (3) was not a taxpayer who could generate a tuition tax credit

14 July 2020- 11:44pm Marino – Tax Court of Canada finds that an individual not within s. 2(1) or (3) was not a taxpayer who could generate a tuition tax credit Email this Content An individual with no connection to Canada paid a lot in tuition fees while in attendance at U.S. universities prior to 2012 then, on immigrating to Canada, claimed his purported unused tuition tax credits as a deduction from Canadian tax. ...

CRA indicates that it can be acceptable to cap the kilometres for which a car allowance is paid

Is such allowance unreasonable by virtue of s. 6(1)(b)(x), which deems a motor vehicle allowance not to be reasonable where the measurement of the use of the vehicle for the purpose of the allowance is not based solely on the number of kilometres for which the vehicle is used in connection with or in the course of the office or employment [?] ...

9267-9075 Québec – Tax Court of Canada finds that failure to remit GST on reporting a sale to an insolvent purchaser precluded a subsequent bad debt credit

Furthermore, she found that 9267 had not taken reasonable measures to pursue collection of its debt, including claiming under its security interest, and having its debt included in the debtor claims made against 9210 in connection with the receivership and bankruptcy proceedings, so that she would have denied the credit on this ground as well. ...

Shell – Tax Court grants a confidentiality order respecting JV documents whose public disclosure would breach a confidentiality agreement

13 April 2022- 10:36pm Shell – Tax Court grants a confidentiality order respecting JV documents whose public disclosure would breach a confidentiality agreement Email this Content Shell realized a capital loss on its disposition of its interest in a partnership to Canadian subsidiaries of PetroChina in connection with establishing a joint venture with the PetroChina group for the development and production of natural gas. ...

Issues in a applying the s. 55(3.1)(c) butterfly exclusion include uncertainties respecting the “series” and “ordinary course” and testing FMV at any time in the series

Technical issues as to the application of s. 55(3.1)(c)include: Regarding the connecting factor in s. 55(3.1)(c)(i) that (to taint the transactions) requires that the property be acquired from TC by a non-related person in the same series of transactions or events as the butterfly, s. 248(10) “is broad enough to catch any transactions that have some connection, however remote, with the butterfly” so “that a very conservative interpretation could preclude the TC from ever disposing of property received in the butterfly to a non-related person because the series seemingly continues in perpetuity.” ...

CRA applies its GST/HST policies to the UHTA concepts of primary residence and continuous occupancy

13 February 2023- 11:21pm CRA applies its GST/HST policies to the UHTA concepts of primary residence and continuous occupancy Email this Content There is an exemption under s. 6(8) of the Underused Housing Tax Act regarding a home of a non-resident/non-citizen individual that is the “primary place of residence” of that individual or spouse thereof for the year in question, or of a child occupying it in connection with qualifying studies – subject to an obligation of a couple to share this exemption where there is more than one such home. ...

BMO Nesbitt Burns – Federal Court of Appeal confirms that providing a full spreadsheet would not breach privilege or amount to an impermissible self-audit

7 March 2023- 11:31pm BMO Nesbitt Burns – Federal Court of Appeal confirms that providing a full spreadsheet would not breach privilege or amount to an impermissible self-audit Email this Content The Federal Court had granted a CRA application pursuant to s. 231.7 seeking an order requiring BMO Nesbit Burns (“NBI”) to provide an unredacted version of a spreadsheet in connection with CRA’s audit of suspected dividend rental arrangement transactions of NBI. ...

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