Section 159

Subsection 159(1) - Person acting for another

See Also

Re City of Kitchener and Regional Assessment Commissioner for Regional Municipality of Waterloo (1978), 23 OR (2d) 190 (Ont. D. Ct.)

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Words and Phrases
belong

Subsection 159(2) - Certificate before distribution

Cases

Bougie v. The Queen, 90 DTC 6529 (FCTD)

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Parsons v. MNR, 83 DTC 5329, [1983] CTC 321 (FCTD), rev'd 84 DTC 6345, [1983] CTC 352 (FCA)

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Malka v. The Queen, 78 DTC 6144, [1978] CTC 219 (FCTD)

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See Also

Commissioner of Taxation v. Australian Building Systems Pty Ltd (In Liquidation), [2015] HCA 48

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Words and Phrases
due

Nguyen v. The Queen, 2011 DTC 1059 [at 324], 2010 TCC 503

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Sous-Ministre du Revenu c. Morganti, [1997] R.J.Q. 348 (C.A.)

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Pâquet v. MNR, 92 DTC 2151 (TCC)

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Dauphin Plains Credit Union Ltd. v. Xyloid Industries Ltd., 80 DTC 6123, [1980] CTC 247, [1980] 1 S.C.R. 1182

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Administrative Policy

30 May 2018 External T.I. 2017-0717981E5 - Clearance certificate for a non-resident

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(3) non-resident beneficiaries whose capital interests are TCP are required to apply for certificate 93

7 October 2016 APFF Financial Strategies and Financial Instruments Roundtable Q. 7, 2016-0651751C6 F - Recovery Tax of Qualified Disability Trust

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Tax Topics - Income Tax Act - Section 122 - Subsection 122(2) recovery tax applies to undistributed income in a QDT at the time of the disabled beneficiary’s death 205
Tax Topics - Income Tax Act - Section 122 - Subsection 122(3) - qualified disability trust s. 122(1)(c) liability in year of death of disabled beneficiary 53

3 May 2016 CALU Roundtable Q. 5, 2016-0632641C6 - Clearance certificate & GRE rules

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8 August 2014 Internal T.I. 2014-0524971I7 - Distributing Estate Property When Estate is Liable

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May 2013 ICAA Roundtable, Q. 6 (reported in April 2014 Member Advisory)

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27 March 2013 Internal T.I. 2012-0457251I7 - Appn of 159 to executor who distributes property

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11 October 2012 External T.I. 2012-0432861E5 - Clearance certificate under 159(2)

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14 March 2011 External T.I. 2010-0390311E5 - Section 159 of the Income Tax Act

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10 January 1996 External T.I. 5-960088 -

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7 May 1991 Memorandum (Tax Window, No. 3, p. 29, ¶1249)

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28 March 1991 Memorandum (Tax Window, No. 2, p. 2, ¶1222)

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IT-368 "Corporate Distributions - Clearance Certificates"

Articles

Sklar, "Clearance Certificates Required Before Paying Off Creditors?", Willpower No. 32, 28 August 1997, p. 1.

Wertschek, "The Tax Advisor and Commercial Law: Some Issues", 1993 Conference Report, pp. 22-24: Discussion of potential shareholder liability following a dissolution.

Subsection 159(3) - Personal liability

Cases

The Queen v. Westbrook Management Ltd., 96 DTC 6590 (FCA)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(8) 107

Boger Estate v. MNR, 91 DTC 5506 (FCTD)

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Tax Topics - Statutory Interpretation - Provincial Law 25

See Also

Groscki v. The Queen, 2017 TCC 249 (Informal Procedure)

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Words and Phrases
liquidator
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Legal Representative director without liquidator authorization was not legal representative 84
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) reporting of bad debt deduction on “net” basis not permitted/specifically-evidenced claims required 288

RMM Canadian Enterprises Inc. v. The Queen, 97 DTC 302, [1998] 1 C.T.C. 2300 (TCC)

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Administrative Policy

14 September 2016 External T.I. 2016-0638171E5 - Liability under section 159

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Words and Phrases
liable

31 March 2014 External T.I. 2013-0513191E5 - Director/Executor liability

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Subsection 159(6.1) - Election where subsection 104(4) applicable

Administrative Policy

29 July 2015 External T.I. 2015-0594201E5 - Election under 159(6.1)

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