Separate Existence

Table of Contents

Separate Existence
Cases(9)
Administrative Policy(1)

Cases

Loblaw Financial Holdings Inc. v. Canada, 2020 FCA 79, aff'd 2021 SCC 51

At issue was whether a Barbados bank subsidiary (Glenhuron ) of the taxpayer, which used equity funds received from its Canadian parent to invest...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Investment Business - Paragraph (a) a Barbados bank sub conducted its business of investing in short-term debt principally with arm’s length persons 602
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business receipt of equity funds from parent was not part of Barbados bank’s business 188
Tax Topics - Statutory Interpretation - Redundancy/reading in words error to apply an unexpressed intention 172
Tax Topics - Statutory Interpretation - Drafting Style no additional requirements should be inferred in legislation drafted with “mind-numbing detail” 172
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Foreign Accrual Property Income fundamental purpose of FAPI is to capture passive income 164

Brunette v. Legault Joly Thiffault, s.e.n.c.r.l., 2018 SCC 55

A Quebec trust, whose sole asset was its investment in the holding company for a group of retirement residences companies (Groupe Melior) that...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Negligence, Fiduciary Duty and Fault a shareholder generally cannot sue for bad tax advice provided to the corporation 407

Anthony v. Canada (National Revenue), 2016 FC 955

The taxpayer brought an application pursuant to s. 18.1 of the Federal Court Act for review of CRA’s denial of a claim made in 2010 pursuant to...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit matching principle not a rule of law 234
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.2) s. 152(4.2) denials are subject to judicial review 127

Envision Credit Union v. Canada, 2013 DTC 5144 [at at 6275], 2013 SCC 48, [2013] 3 S.C.R. 191

The taxpayer was formed on amalgamation, and purported to avoid the application of s. 87 by causing some of its property to be transferred to a...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Illegality lawful interpretation preferred 282
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) all predecessors' property became Amalco property, and purported conveyance of only some of their property to Amalco was legally impossible 415

Desnomie v. Canada, 2000 DTC 6250 (FCA)

Rothstein J.A. applied (at p. 6256) the determination in Pioneer Laundry & Dry Cleaners Ltd. v. MNR, [1939] 4 DLR 481 (HL) that "in a taxing...

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Colbert v. The Queen, 94 DTC 6620, [1994] 2 CTC 345 (FCTD)

Before finding, on the evidence, that the taxpayer had transferred all the assets of his chicken farm business to a corporation other than the...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Agency shareholder generally does not carry on business of corporation 138
Tax Topics - General Concepts - Personality 138
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Former Business Property 60

The Queen v. Jennings, 94 DTC 6507, [1994] 2 CTC 106 (FCA)

In finding that losses of an incorporated farm business could not be deducted by the individual who had incorporated the business, Robertson J.A....

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Personality 86

The Queen v. MerBan Capital Corp. Ltd., 89 DTC 5404, [1989] 2 CTC 246 (FCA)

The taxpayer ("MerBan") in connection with a leveraged share acquisition arranged for borrowings to be made to two special purpose subsidiaries in...

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Tobias v. The Queen, 78 DTC 6028, [1978] CTC 113 (FCTD)

"... I cannot accept the proposition that the Company carried on a hobby as agent for the plaintiff for to do so would be to disregard the very...

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Administrative Policy

14 February 2014 External T.I. 2013-0504601E5 F - Bénéfices de fabrication et de transformation

CRA found that the exclusion from qualifying manufacturing for construction where the manufacturing (the production of asphalt) was carried on by...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 125.1 - Subsection 125.1(3) - Manufacturing or Processing - Paragraph (c) construction exclusion avoided if road asphalt is produced by related corp 150

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