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Mutlaq v. Canada (Attorney General), 2025 FC 884

[15] As is implicit in the articulation of the second issue above, the standard of review for the Court’s consideration of the merits of the Decision is reasonableness (Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 [Vavilov] at paras 16–17). ... The Respondent submits that the Disputed Evidence was not before the Officer and therefore presumptively cannot be considered on judicial review. [17] It is trite law that, in reviewing the reasonableness of an administrative decision, the Court is typically required to restrict its review to consideration of evidence that was before the administrative decision-maker. ... This hardship surrounds the death of the Applicant’s husband, her mental health challenges, and financial challenges that have been exacerbated by the CRA’s demand for repayment of the CERB payments to which the CRA has concluded the Applicant was not entitled. [19] However, as the Respondent correctly submits, Parliament did not include in the CERBA any provisions that afford the CRA the authority to grant relief to a taxpayer based on compassionate considerations. ...

27 January 1998 External T.I. 9716725 - RRSP - PERSONAL TRUST

A personal trust as defined in subsection 248(1) of the Act includes an inter vivos trust in which no beneficial interest was acquired for consideration payable to the trust or to any person who has made a contribution to the trust. It is your view that a self-directed RRSP trust meets this definition because it is an inter vivos trust in which no beneficial interest was acquired for consideration. You have indicated that since all of the beneficial interests in such a trust are acquired by one person, subparagraph (b)(iii) of the definition deems the beneficial interest to be acquired for no consideration. ...

9 February 1994 External T.I. 9311845 F - Transfer of Property to a Trust

In such cases, there would be dispositions of the property for proceeds equal to the fair market value of the consideration received. It is necessary to distinguish property "settled" on the trust for nil proceeds from property sold to a trust in return for valuable consideration." ... In your opinion, paragraph 54(c)(v) of the Act can be applicable to a transfer to a trust whether or not there is consideration. ...

16 May 2000 External T.I. 2000-0005125 - INTEREST EXPENSE ATTRIBUTION

Shares transferred to spouse for no consideration. No 74.5(1) election. ... Shares have been disposed of and no consideration received. 2. Depends on fair market value of shares at time of disposition. ... When the property is disposed of for consideration which is less than the fair market value of the property, the excess of the amount of the borrowed money over the fair market value of the property at the time of disposition will be deemed to be used for the purpose of earning income and, consequently, the interest expense on that excess amount will continue to be deductible pursuant to paragraph 20(1)(c) of the Act. ...

18 October 1990 Ruling 901923 F - Employee Stock Options

Each year some of the employees of Corporation A are offered non-voting common shares of Corporation B for no consideration. ... the transaction was a gift for no consideration or a transaction between the employer and employees for consideration (i.e.- for services rendered). Generally, transactions between an employer and arm's length employees occur by virtue of their employment and are for consideration (i.e.- they are not gifts). ...

19 September 1991 Ruling 91M09121 F - Dividends and Section 160

19 September 1991 Ruling 91M09121 F- Dividends and Section 160 Unedited CRA Tags 160(1)(e)(i) QUESTION 48- DIVIDENDS AND SECTION 160 QUESTION Under subparagraph 160(1)(e)(i) of the Act, a non-arm's length transferee of property may be liable jointly with the transferor and is limited to the amount by which the value of the transferred property exceeds the value of any consideration given for the property. ... Does Revenue Canada agree that for the purposes of subparagraph 160(1)(e)(i) of the Act (a) the declaration of the dividend does not constitute a transfer of property, and (b) the extinguishment of the corporate debt on payment of the dividend constitutes valuable consideration given for the dividend? ... The purpose of this paragraph to prevent a person with substantial income tax liability from defeating the claims made on him by transferring his property to any non-arm's length party at less than fair market value consideration. ...

23 May 1989 Income Tax Severed Letter 5-7882 - [Paragraph 110.6(7)(b) of the Income Tax Act]

It is your opinion that paragraph 110.6(7)(b) of the Act would not apply because consideration referred to in the paragraph is not the amount agreed upon (the "elected amount") referred to in subsection 85(1) of the Act. ... We agree that the term "consideration" as referred to in paragraph 110.6(7)(b) of the Act does not mean the elected amount referred to in subsection 85(1) of the Act. ... However, if the total consideration received by a transferor is significantly less than the fair market value of the property transferred in a transaction governed by section 85 of the Act, paragraph 85(1)(e.2) of the Act would apply in addition to paragraph 110.6(7)(b) of the Act. ...

22 March 1989 Income Tax Severed Letter 7-3512 - [Tax consequences to Canadian shareholder of Reorganization of Capital by U.S. Company ]

During a reorganization of capita1 by XXXX the corporation redeems all of its common shares and in return issues new common shares and certain non-share consideration. ... In this case, as the fair market value of the non-share consideration received exceeds the ACB of to XXXX of his old shares of XXXX the ACB of his new shares will be nil and the proceeds of disposition of his old shares will be equal to the fair market value of the non-share consideration received. The resulting capital gain should be computed in Canadian dollars and the relative U.S. dollar amounts should be converted to Canadian dollars at the rate of exchange in effect at the time XXXX acquired the old shares to determine his ACB and at the time XXXX received the non-share consideration on the recapitalization of XXXX to determine proceeds of disposition. ...

7 September 1991 Income Tax Severed Letter - Joint Tax Liability on Non Arm's Length Transfer of Dividends

Conference- September 1991 Question 48- Dividends and Section 160 Question Under subparagraph 160(1)(e)(i) of the Act, a non-arm's length transferee of property may be liable jointly with the transferor and is limited to the amount by which the value of the transferred property exceeds the value of any consideration given for the property. ... Does Revenue Canada agree that for the purposes of subparagraph 160(1)(e)(i) of the Act (a) the declaration of the dividend does not constitute a transfer of property, and (b) the extinguishment of the corporate debt on payment of the dividend constitutes valuable consideration given for the dividend? ... The purpose of this paragraph to prevent a person with substantial income tax liability from defeating the claims made on him by transferring his property to any non-arm's length party at less than fair market value consideration. ...

25 February 1993 External T.I. 9232915 - Partage du patrimoine familial

Ce même jour, votre client et son épouse ont signé une convention aux termes de laquelle votre client stipule qu'il reconnaît devoir à son épouse la somme de XXXXXXXXXX en considération de la renonciation de cette dernière au partage du patrimoine familial et en guise également de paiement de la prestation compensatoire due, vu la collaboration de l'épouse de votre client à l'exploitation de la ferme. Votre question Vous vous demandez si le Ministère entend appliquer les dispositions du paragraphe 74.1(1) de la Loi de l'impôtsur le revenu (la "Loi") aux paiements faits en acquittement d'une prestation compensatoire ou au paiement fait en considération de la renonciation du conjoint au partage du patrimoine familial. Votre position Vous êtes d'avis qu'un paiement versé en considération de la renonciation au patrimoine familial est sujet aux règles d'attribution et qu'ainsi le revenu découlant d'un tel paiement serait considéré comme un revenu du payeur. ...

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