Subsection 159(1) - Person acting for another
See Also
Subsection 159(2) - Certificate before distribution
Cases
Bougie v. The Queen, 90 DTC 6529 (FCTD)
Parsons v. MNR, 83 DTC 5329, [1983] CTC 321 (FCTD), rev'd 84 DTC 6345, [1983] CTC 352 (FCA)
Malka v. The Queen, 78 DTC 6144, [1978] CTC 219 (FCTD)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 111 - Subsection 111(5) | 123 | |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | 141 |
See Also
Commissioner of Taxation v. Australian Building Systems Pty Ltd (In Liquidation), [2015] HCA 48
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Words and Phrases
dueNguyen v. The Queen, 2011 DTC 1059 [at 324], 2010 TCC 503
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | 92 |
Sous-Ministre du Revenu c. Morganti, [1997] R.J.Q. 348 (C.A.)
Pâquet v. MNR, 92 DTC 2151, [1992] 1 CTC 2699 (TCC)
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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Words and Phrases
liquidation| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) | receiver-manager included | 25 |
| Tax Topics - Income Tax Act - Section 227 - Subsection 227(5) | 41 | |
| Tax Topics - Statutory Interpretation - Interpretation Act - Section 17 | 38 | |
| Tax Topics - Income Tax Act - Section 88 - Subsection 88(3) | "liquidation" includes forced (and not just voluntary) distribution of all the assets of a company | 298 |
Administrative Policy
30 May 2018 External T.I. 2017-0717981E5 - Clearance certificate for a non-resident
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 116 - Subsection 116(3) | non-resident beneficiaries whose capital interests are TCP are required to apply for certificate | 95 |
May 2017 CPA Alberta Roundtable, ITA Q.7
7 October 2016 APFF Financial Strategies and Instruments Roundtable Q. 7, 2016-0651751C6 F - Recovery Tax of Qualified Disability Trust
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| Locations of other summaries | Wordcount | |
|---|---|---|
| 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 | 213 |
| 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 | 55 |
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)
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. 9600885 - CERTIFICATE BEFORE DISTRIBUTION
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8 October 2010 Roundtable, 2010-0373611C6 F - Certificat avant distribution
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Words and Phrases
distribute| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 159 - Subsection 159(3) | directors of corporate trustee generally are generally not liable under s. 159(3) | 151 |
7 May 1991 Memorandum (Tax Window, No. 3, p. 29, ¶1249)
28 March 1991 Memorandum (Tax Window, No. 2, p. 2, ¶1222)
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
Muth Estate, 2019 ABQB 922
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) | 113 |
Boger Estate v. MNR, 91 DTC 5506, [1991] 2 CTC 168 (FCTD)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Provincial Law | 27 |
See Also
Goldman v. The Queen, 2021 TCC 13
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | s. 160(1) did not apply to a transfer to an individual qua trustee of a valid oral trust | 483 |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | trustee had no liability for application of s. 160(1) to transfer to the trust, absent s. 159(3) | 215 |
| Tax Topics - Other Legislation/Constitution - Federal - Tax Court of Canada Rules (General Procedure) - Section 49 - Subsection 49(1) | “taking note” of a fact pleaded by the taxpayer is not a permitted Crown response | 131 |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) | oral instructions, before her death, by mother to daughter re application of the proceeds of her RRSP gave rise to a trust | 208 |
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 | 88 |
| 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 | 316 |
RMM Canadian Enterprises Inc. v. The Queen, 97 DTC 302, [1998] 1 C.T.C. 2300 (TCC)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) | 188 | |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 235 | |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | purchaser of cash-rich company without any signifcant separate role did not deal at arm's length | 177 |
| Tax Topics - Income Tax Act - Section 84 - Subsection 84(2) | 222 | |
| Tax Topics - Treaties | 96 | |
| Tax Topics - Treaties - Income Tax Conventions - Article 10 | 116 |
Administrative Policy
14 September 2016 External T.I. 2016-0638171E5 - Liability under section 159
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Words and Phrases
liable31 March 2014 External T.I. 2013-0513191E5 - Director/Executor liability
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8 October 2010 Roundtable, 2010-0373611C6 F - Certificat avant distribution
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 159 - Subsection 159(2) | repayment of note to unsecured creditor was a distribution | 197 |