Section 160

Subsection 160(1) - Tax liability re property transferred not at arm’s length

Cases

Canada v. 594710 British Columbia Ltd., 2018 FCA 166

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Words and Phrases
indirectly
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) allocation of most partnership profits to a lossco that acquired its interest at year end without economic risk was vacuous and abused ss. 96(1)(f), 103(1) and 160 596
Tax Topics - Income Tax Act - 101-110 - Section 103 - Subsection 103(1) s. 103(1) likely applies to the allocation of most of the partnership profits at year end to a lossco that never had significant economic interest or risk in the partnership business 311
Tax Topics - Income Tax Act - Section 152 - Subsection 152(8) s. 152(8) cured an error in an assessment as to when the taxation year in question commenced 361

Lemire v. The Queen, 2013 DTC 1065 [at 346], 2012 TCC 367, aff'd 2014 DTC 5088 [at 7100], 2013 FCA 242

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Words and Phrases
transfer

Canada v. 9101-2310 Québec Inc., 2013 DTC 5172 [at 6455], 2013 FCA 241

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) accommodation party was acting in concert 171

Yates v. Canada, 2009 DTC 5758, 2009 FCA 50

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Canada v. Rose, 2009 DTC 5076 [at 5806], 2009 FCA 93

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Canada v. Livingston, 2008 DTC 6233, 2008 FCA 89

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) accommodation bank account 98

Canada v. Addison & Leyen Ltd., 2007 DTC 5365, 2007 SCC 33, [2007] 2 S.C.R. 793

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Wannan v. Canada, 2003 DTC 5715, 2003 FCA 423

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt application of payment by creditor 106

Delage v. Canada, 2002 DTC 7061, 2002 FCA 212

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Williams v. Canada, 2002 DTC 7463, 2002 FCA 380

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Delage v. Canada, 2002 DTC 7061, 2002 FCA 212

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Biderman v. The Queen, 2000 DTC 6149, 2001 FCA 269 (FCA)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(b) purported disclaimer was release or surrender 153

Gaucher v. The Queen, [2000] F.C.J. No. 1869 (QL), Docket: A-275-00 (CA)

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Medland v. Canada, 98 DTC 6358 (FCA)

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Words and Phrases
property property acquired

Canada v. Heavyside, 97 DTC 5026 (FCA)

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Kostiuk v. The Queen, 93 DTC 5511 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Transitional Provisions 91

Mah v. The Queen, 93 DTC 5267 (FCTD)

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Furfaro-Siconolfi v. The Queen, 89 DTC 5519 (FCTD)

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See Also

De Vries v The Queen, 2018 TCC 166

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 224 - Subsection 224(1) a corporate creditor’s oral agreement to postpone collection of his loan defeated a RTP encompassing that loan 346
Tax Topics - General Concepts - Effective Date oral agreement to postpone changed terms of loan 175

Aitchison Professional Corporation v. The Queen, 2018 TCC 131

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Words and Phrases
property
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property (foregone) right to negotiate a significant salary was not property 161

HLB Smith Holdings Limited v. The Queen, 2018 TCC 83

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Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) two individuals jointly controlling a company were acting in concert respecting the payment of dividends 283

Nelson v. The Queen, 2017 TCC 178 (Informal Procedure)

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Words and Phrases
co-debtor
Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 325 - Subsection 325(1) the agreement between two co-borrowers as to their respective responsibility for joint loans governed for tax purposes 304

Kvas v. The Queen, 2016 TCC 199

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Words and Phrases
transfer
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 84 - Subsection 84(2) involuntary dissolution was not a s. 84(2) winding-up 160

594710 British Columbia Ltd. v. The Queen, 2016 TCC 288

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(2) GAAR reassessment must reflect the abuse 305
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) GAAR did not apply to the sale to a lossco of partner corps with pending condo sale profit allocations 626
Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) LP profits can be allocated to purchasing partner at year end 266

Baker v. The Queen, 2016 TCC 120 (Informal Procedure)

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McDonald v. The Queen, 2015 DTC 1106, 2015 TCC 73

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M. Soutar Decor 2000 Ltd. v. The Queen, 2016 TCC 62 (Informal Procedure)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt seizure of a guarantor’s security constituted a transfer 44

Lupien v. The Queen, 2016 CCI 2

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other distributor earning significant relative profits had no transferable goodwill where no evidence of long-term distributorship agreement 218

Kuchta v. The Queen, 2015 DTC 1229 [at 1509], 2015 TCC 289

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Words and Phrases
spouse

Strachan v. The Queen, 2014 DTC 1025 [at 2645], 2013 TCC 362

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership beneficial ownership of dividends 70

Mignardi v. The Queen, [2013] GSTC 39, 2013 TCC 67 (Informal Procedure)

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 323 - Subsection 323(1) onus on Minister where taxpayer had no financial involvement 114
Tax Topics - Excise Tax Act - Section 323 - Subsection 323(3) failure to monitor other director 71
Tax Topics - Excise Tax Act - Section 323 - Subsection 323(5) no constructive resignation 63
Tax Topics - General Concepts - Onus onus on Minister where taxpayer had no financial involvement 114

Kiperchuk v. The Queen, 2013 DTC 1088 [at 486], 2013 TCC 60

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Martin v. The Queen, 2013 DTC 1061 [at 325], 2013 TCC 38

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Brauer v. The Queen, 2013 DTC 1014 [at 74], 2012 TCC 382

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MacLeod v. The Queen, 2013 DTC 1010 [at 60], 2012 TCC 379

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Sokolowski Romar v. The Queen, 2013 DTC 1003 [at 24], 2012 TCC 104

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Nandakumar v. The Queen, 2012 DTC 1279 [at 3827], 2012 TCC 338

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Lapierre v. The Queen, 2013 DTC 1090 [at 495], 2012 TCC 299

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Bragg-Smith v. The Queen, 2012 DTC 1227 [at 3628], 2012 TCC 252

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Hennig v. The Queen, 2012 DTC 1152 [at 3353], 2012 TCC 141 (Informal Procedure)

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Leclair v. The Queen, 2011 DTC 1328 [at 1859], 2011 TCC 323

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership retroactive repudiation of gift 84

Lacroix v. The Queen, 2011 DTC 1167 [at 919], 2011 TCC 111

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De Sanctis v. The Queen, 2010 DTC 1102 [at 3032], 2010 TCC 118

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

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Gagnon v. The Queen, 2011 DTC 1030 [at 128], 2010 TCC 482

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Crischuk v. The Queen, 2010 DTC 1184 [at 3427], 2010 TCC 276

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Clause v. The Queen, 2010 DTC 1298 [at 4069], 2010 TCC 410 (Informal Procedure)

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Provost v. The Queen, 2010 DTC 1009 [at 2574], 2009 TCC 585

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Leblanc v. The Queen, 2008 DTC 4902, 2008 TCC 242

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Siracusa v. The Queen, 2003 DTC 2106, 2003 TCC 941

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) no acting in concert if ignored 82

Jurak v. The Queen, 2003 DTC 557 (TCC)

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Fallis v. The Queen, 2002 DTC 1242 (TCC)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Effective Date 116

Cox v. The Queen, 96 DTC 1690 (TCC)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Illegality 60

Caplan v. The Queen, 95 DTC 709 (TCC)

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Delisle v. The Queen, 95 DTC 650 (TCC)

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Words and Phrases
transfer

Acton v. The Queen, 95 DTC 107 (TCC)

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Montreuil v. The Queen, 95 DTC 138 (TCC)

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Words and Phrases
transfer

Davis v. The Queen, 94 D.T.C 1934 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(2) 49

Savoie v. The Queen, 93 DTC 552 (TCC)

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Algoa Trust v. The Queen, 93 DTC 405 (TCC)

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Words and Phrases
transfer

Groupe d'Investissement Savoie, Lavoie Inc. v. M.N.R., 92 DTC 1531 (TCC)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Shares 120

Winsor v. MNR, 91 DTC 1170 (TCC)

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Administrative Policy

16 August 2017 Internal T.I. 2015-0622751I7 - Part XIII Tax on Benefit to Non-resident

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(9) s. 15(9) applies to interest-free loan between two foreign affiliates 257
Tax Topics - Income Tax Act - Section 215 - Subsection 215(1) CFA liable for failure to "withhold" and remit Pt XIII tax on interest-free benefit on loan to NR sister of its Cdn grandparent 122
Tax Topics - Income Tax Act - Section 227.1 - Subsection 227.1(1) s. 227.1 liability can extend to NR directors of a CFA 168
Tax Topics - Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(a) benefit from interest free loan by CFA to Canco sister deemed to be a dividend subject to Pt XIII tax 160
Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(2) extra-territorial application of s. 80.4(2) 132

12 June 2012 June STEP Roundtable, 2012-0442681C6 - STEP CRA Roundtable – June 2012 - Question 2

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7 October 2011 Roundtable, 2011-0412201C6 F - Art. 160 - dividende en actions suivi d'un rachat

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14 September 1995 T.I. 9520635 ( "Liability of Joint Tenant for Deceased's Taxes")

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Income Tax Technical News, No. 4, 20 February 1995

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1994 A.P.F.F. Round Table, Q. 23

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September 1991 Memorandum (Tax Window, No. 9, p. 18, ¶1458)

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Articles

Bruce Sinclair, "Current Topics in the Taxation of Real Estate Development", 2014 Conference Report, (Canadian Tax Foundation), 12:1-24.

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Bleiwas, "Defenses to Assessments Under Section 160 of the Income Tax Act", Tax Litigation, Vol. V, No. 1, 1996, p. 291.

Thivierge, "Emerging Income Tax Issues: Substance Over Form Revisited, Section 160 of the Income Tax Act, and Series of Transactions", 1993 Conference Report, c. 4

Fien, "A Directors' Liability and Indemnifications, Section 160 Assessments and Ordinary Course of Business Provisions", 1992 Conference Report, pp.53:27-53:31.

Subsection 160(2) - Assessment

See Also

Davis v. The Queen, 94 D.T.C 1934 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) 93

Administrative Policy

5 October 2012 APFF Roundtable, 2012-0454241C6 F - Double imposition

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 325 double taxation from contemporaneous ITA/ETA assessments avoided by ITA assessment being 1st 101

5 July 1994 Memorandum 941434 (C.T.O. "Assessment of a Dissolved Corporation")

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88 C.R. - Q.80

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Subsection 160(3.1) - Fair market value of undivided interest or right

See Also

Gagnon v. The Queen, 2011 DTC 1030 [at 128], 2010 TCC 482

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Subsection 160(4) - Special rules re transfer of property to spouse or common-law partner

Cases

Fluxgold v. The Queen, 90 DTC 6187 (FCTD)

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See Also

J.B. v. Agence du revenu du Québec, 2018 QCCQ 4200

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