Section 160

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

Cases

Canada (The King) v. MICROBJO PROPERTIES INC., 2023 FCA 157

The five respondents were holding corporations that indirectly owned—each through a 99.99% interest in five respective partnerships—a parcel...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) parties were not dealing at arm's length in transactions where they did not put their own patrimony in play 370
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) taxpayers did not intend to avoid (and were oblivious to) s. 160 265
Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) subsequent amendment confirmed the prior state of the law 82
Tax Topics - Income Tax Act - Section 160 - Subsection 160(5) s. 160(5) did not change the prior view that prior facts could be taken into account 96

Jefferson v. Canada, 2022 FCA 81

The taxpayer relied on a statement in Hickman that the “initial onus of ‘demolishing’ the Minister’s exact assumptions is met where the...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus a taxpayer had not “demolished” the Minister’s assumption where it is demonstrated to be somewhat incorrect 415

Kufsky v. Canada, 2022 FCA 66

As a result of incurring personal expenses on her corporation’s credit card, the taxpayer owed a balance to the corporation in July 2021. The...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other property transfer amount not determined net of income taxes 76
Tax Topics - General Concepts - Estoppel a taxpayer received dividends for s. 160 purposes where she was estopped from arguing otherwise or because the corporate insolvency did not matter 307
Tax Topics - General Concepts - Onus prima facie case requires a balance of probabilities 237
Tax Topics - General Concepts - Payment & Receipt dividend was paid by way of retroactive set-off against shareholder loan account 174
Tax Topics - General Concepts - Illegality dividend declared and paid by insolvent corporation would be valid 301

EYEBALL NETWORKS INC. v. HER MAJESTY THE QUEEN, 2021 FCA 17

Pursuant to a conventional s. 55(3)(a) spin-off transaction, described below, a company (Oldco) spun off one of its two businesses to a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) “series of transactions” requires at least one tax-driven transaction 284
Tax Topics - General Concepts - Effective Date price adjustment clause eliminated any possible value discrepancy between the FMV of the transferred property and the consideration therefor 118
Tax Topics - Income Tax Act - Section 84 - Subsection 84(9) a shareholder whose shares have been redeemed has provided valuable consideration therefor by surrendering its shares 136
Tax Topics - General Concepts - Fair Market Value - Other note supported only by pref, then note, of a sister had full FMV 132

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

Income account treatment of the profits realized by a condo-project limited partnership was avoided through the corporate partners (the...

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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 160 634
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 327
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 371
Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) purpose of s. 96 is for income allocation to be allocated in accordance with economic participation 102

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

The taxpayer's common-law partner, in order to circumvent a hold on his account relating to personal financial difficulties, would have the...

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Words and Phrases
transfer

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

In order to defeat a claim of a bank, a tax debtor ("Garneau") deposited $305,000 with the taxpayer (whose shareholder was his friend) to hold on...

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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 185

2753-1359 Québec Inc. v. Canada, 2010 FCA 32

In rejecting a submission that the payment of dividends to the appellant were not a transfer of property without consideration, Létourneau J.A....

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

In allowing her husband to live in the family residence, the taxpayer was not providing consideration at fair market value. A line of cases that...

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

The taxpayer's husband transferred his co-ownership interest in the matrimonial home to the taxpayer in order to prevent a creditor from placing a...

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

In order to help her friend (Davies) defeat efforts of CRA to collect unpaid taxes from Davies, the taxpayer opened up a bank account in the...

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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 102

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

The taxation year of a corporation ("York") owned principally by one of the applicants ("Addison") ended on September 28, 1989 by virtue of a sale...

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

The Court followed Heavyside v. Canada, 97 DTC 5026 (FCA) in finding that the liability of the taxpayer under s. 160 with respect to contributions...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt application of payment by creditor 110

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

The taxpayers had been unsuccessful in establishing an alleged connection between service rendered by them and dividends on shares held by them,...

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

The Court rejected a submission that a payment of the salary of the taxpayer's husband directly to her bank account was a transfer for...

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

The taxpayers were unable to establish that an amount paid to them as a dividend was, in fact, salary for services.

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

The taxpayer made an "informal" disclaimer of his beneficial interest under the estate of his wife five days prior to her death (which was found...

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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 157

Gaucher v. The Queen, [2000] F.C.J. No. 1869 (QL) (CA)

In finding that the beneficiary of a transfer who had been assessed under s. 160 was permitted to challenge the primary tax assessment of the...

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Medland v. R., 98 DTC 6358, [1999] 4 CTC 293 (FCA)

There was a transfer of property to the taxpayer for purposes of s. 160(1) when her husband, who was the joint mortgagor on a house that at the...

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Words and Phrases
property property acquired

Heavyside v. R., 97 DTC 5026, [1997] 2 CTC 1 (FCA)

The taxpayer was liable under s. 160(1) in respect of the transfer of property to her by her husband, notwithstanding that her assessment under s....

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Kostiuk v. The Queen, 93 DTC 5511, [1993] 1 CTC 31 (FCTD)

Strayer J. found that there had been a "transfer" within the broad meaning of s. 160(1) of a beneficial interest in the land to the taxpayer by...

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

A proported transfer to the taxpayer by his parents of their home without his knowledge or consent did not divest them of their beneficial rights...

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

A marriage contract between the taxpayer and her husband had provided that he "shall ... and furthermore donates unto his said future wife hereto...

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See Also

Harvard Properties Inc. v. The King, 2024 TCC 139

The appellant (Harvard Properties) and the other corporate co-owners of a Calgary shopping mall received an unsolicited proposal from a third...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) transaction premium to a share-sale valuation was not reflective of ordinary commercial dealings 431
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) avoidance on a non-arm’s length relationship so as to avoid the application of s. 160 would be a GAAR abuse 434
Tax Topics - Income Tax Act - Section 245 - Subsection 245(2) GAAR alternative basis was not statute-barred where the primary assessment (under s. 160(2)) was not subject to statute-barring 197
Tax Topics - General Concepts - Fair Market Value - Shares shares of company whose only assets were escrowed for an imminently-closing sale transaction did not have any value 285

Active Asset Management Inc. v. The King, 2024 TCC 87

On December 1, 2004, the appellant (AAM), which held all the (Class A and B) shares of a private corporation (Bakorp) (i) resolved to increase...

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Words and Phrases
transferred property

Csak v. The King, 2024 TCC 9

Two months after their marriage, the taxpayer received (on January 8, 1993) from her 80-year old ailing husband (“CC”) the transfer of a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) Minister failed to meet her onus that a waiver had been timely-received/ s. 26 of Interpretation Act did not extend the normal reassessment period for receiving the 2nd waiver 368
Tax Topics - Income Tax Act - Section 160 - Subsection 160(2) taxpayer able to dispute the validity of assessments of her transferor husband even though an executrix of his estate at the time of his unsuccessful appeal of those assessments 286
Tax Topics - Statutory Interpretation - Interpretation Act - Section 26 s. 26 of Interpretation Act did not extend the normal reassessment period for receiving the 2nd waiver 240
Tax Topics - General Concepts - Onus Minister failed to meet her onus that a waiver had been timely-received 154
Tax Topics - General Concepts - Res Judicata res judicata did not apply to taxpayer’s dispute of the validity of assessments of her transferor husband even though an executrix of his estate at the time of his unsuccessful appeal of those assessments 202
Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.1 - Subsection 18.1(2) collection matters for the Federal Court 40

Canada (Attorney General) v 18335898 Alberta Ltd (Whitecap Energy Inc), 2023 ABKB 357

An Alberta corporation (Whitecap ) had been wound up into its sole shareholder. The Attorney General sought to revive Whitecap pursuant to s. 208...

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Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Canada Business Corporations Act - Section 209 - Subsection 209(6) A.G. was an “interested party” who could apply to revive a dissolved corporation so as to convert its tax liability into a debt 245

Damis Properties Inc. v. The Queen, 2021 TCC 24

Each of the five corporate taxpayers participated in the following transactions in order to increase their after-tax return from a sale of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit no tax benefit based on comparison to a commercially unrealistic alternative 276
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) no avoidance transaction where there was no intention to avoid the provision purportedly abused 339
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) software was not acquired with an income-producing purpose 282
Tax Topics - General Concepts - Onus unfair to place the onus on taxpayer re facts which taxpayer could not reasonably be expected to know 339

Goldman v. The Queen, 2021 TCC 13

The taxpayer’s mother, Ms. Goldman, orally told the taxpayer that she was designating the taxpayer (who was also appointed as the executor) as...

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Locations of other summaries Wordcount
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 - Income Tax Act - Section 159 - Subsection 159(3) CRA could have assessed taxpayer qua trustee, for the s. 160(1) liability of her trust arising on its settlement, under s. 159(3) given the distribution of the corpus without a certificate 193
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

Dreger v. The Queen, 2020 TCC 25

The taxpayers were the named beneficiaries of a life income fund held by their late father. In reliance on Kiperchuk (which found a taxpayer not...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(6) - Paragraph 251(6)(a) children continued to be related to their deceased father 251

White v. The Queen, 2020 TCC 22

The taxpayer’s husband transferred $90K in pay cheques to the joint bank account between him and the taxpayer while he had tax debts, as a...

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 325 - Subsection 325(1) transfer by tax debtor to joint bank account with his spouse was not a transfer to her 330

Muir v. The Queen, 2020 TCC 8 (Informal Procedure)

All the assets of the professional corporation of the taxpayer (Ms. Muir) were sold for $1.2 million to an arm’s length purchaser. At closing,...

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Singh v. The Queen, 2019 TCC 265

When purchased in 1997, the family home for the taxpayer (Mrs. Singh), her husband (Mr. Singh) and their children was initially registered in the...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Land FMV of home potentially reduced by spouse continuing to live there 74
Tax Topics - General Concepts - Ownership markers of possession, use and risk applied in ascertaining beneficial ownership 174

Kufsky v. The Queen, 2019 TCC 254, aff'd 2022 FCA 66

The taxpayer’s corporation issued T5 slips stating that it had paid dividends to the taxpayer in its 2009 through to 2011 taxation years. These...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 82 - Subsection 82(1) payment was dividend even though no declaration 92

Eyeball Networks Inc. v. The Queen, 2019 TCC 150, rev'd 2021 FCA 17

“Oldco,” which was a software company which had both a largely defunct business respecting gaming (the “old business”) and a business,...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other a promissory note that was backed only by intercompany debt was worthless 168

Monsell v. The Queen, 2019 TCC 5 (Informal Procedure)

The taxpayers (a husband and wife) received payments from a corporation (Newgate) that had been reassessed for its 2005 to 2007 taxation years and...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Onus onus on CRA where it, rather than taxpayer, had access to the records underlying a reassessment 230
Tax Topics - Income Tax Act - Section 125 - Subsection 125(3) - Paragraph 125(3)(b) SBD denied because no agreement made 102

De Vries v The Queen, 2018 TCC 166

The two individual shareholders (husband and wife) of a corporation (“IPG”) were assessed under s. 160 regarding a dividend they had received...

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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 394
Tax Topics - General Concepts - Effective Date oral agreement to postpone changed terms of loan 181

Aitchison Professional Corporation v. The Queen, 2018 TCC 131

At a time that James Aitchison owed $2.1 million in taxes, he transferred his law practice to a newly-incorporated professional corporation (the...

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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 169

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

Two individuals held their 50-50 Opco through a holding company held by a family trust, in the case of Mr Smith, and through a family trust in the...

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Locations of other summaries Wordcount
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 299

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

Lafleur J found that although each of a husband and wife was fully liable to the bank for all amounts advanced to either of them under their joint...

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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 330

Kvas v. The Queen, 2016 TCC 199

The general contracting company (“CIA”) of two brothers was dissolved in January of 2008 (the “Dissolution Date”) for failure to file...

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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 168

594710 British Columbia Ltd. v. The Queen, 2016 TCC 288, rev'd 2018 FCA 166

The taxpayer was a holding company and Canadian-controlled private corporation which wholly-owned a “Partnerco” holding a 24.975% limited...

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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 315
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 660
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 278

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

The taxpayer’s mother died in 2008, leaving her four children equal undivided shares in her residence in Quebec. Prior to the distribution to...

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

The taxpayer cohabitated with the tax debtor. The tax debtor transferred money to the taxpayer, which she deposited in a bank account opened for...

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

A line of credit initially provided in 2001 by a bank to the taxpayer (“Soutar Décor”) was guaranteed by the father (“Ronald”) of Soutar...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt seizure of a guarantor’s security constituted a transfer 46

Lupien v. The Queen, 2016 TCC 2

Shortly before a corporation (“Antoni”) sold all its assets to a third party, it acquired all the assets of a corporation (“LCR”) owned by...

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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 222

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

The taxpayer was the sole designated beneficiary of two RRSPs held by her husband at his death in 2007. When his estate failed to pay an...

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Words and Phrases
spouse

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

The taxpayer was issued shares from her husband's private corporation ("Northside"), in an amount that gave her approximately 98% of the stake in...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership beneficial ownership of dividends 76

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

The Minister assessed the appellant for director's liability in respect of a corporation that had not remitted net tax for reporting periods...

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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 116
Tax Topics - Excise Tax Act - Section 323 - Subsection 323(3) failure to monitor other director 73
Tax Topics - Excise Tax Act - Section 323 - Subsection 323(5) no constructive resignation 65
Tax Topics - General Concepts - Onus onus on Minister where taxpayer had no financial involvement 116

Higgins v. The Queen, 2013 DTC 1163 [at 889], 2013 TCC 194 (Informal Procedure)

The proceeds of a non-registered segregated fund were paid as a death benefit to the two daughters of the deceased holder of the segregated fund,...

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

The taxpayer was the designated beneficiary of her husband's RRSP, and received the RRSP proceeds upon his death, and was assessed for his unpaid...

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

Boyle J found that the taxpayer's husband had a substantial accrued debt to the taxpayer relating to unpaid overtime from his medical practice...

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

The taxpayer's son had a tax debt when he deposited his pay cheques to her bank account, which he later withdrew in full. Bocock J found that the...

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

The taxpayer held the matrimonial home. Her husband accumulated a tax debt for several years while he deposited amounts into the taxpayer's bank...

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

Angers J. found the taxpayer liable for the value of the family residence transferred from her husband, whose tax debt was approximately $900,000....

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

The taxpayer received $765,350 in real properties from his father, who had a tax debt of $4,225,985. Bocock J. found that the taxpayer's claim...

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

The taxpayer's tax-indebted father gave her $120,000. Angers J. accepted her position that $110,000 of that amount was meant to benefit the...

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

The taxpayer held an account in the name of her father's business. The father owed approximately $500,000 in taxes. He bought some...

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

The taxpayer was unsuccessful in arguing that the limitations period could shield her from liability under s. 160(1), in respect of a dividend...

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

The taxpayer's father transferred real property to her in June 2006 without her knowledge. She discovered the transfer in December 2008 and...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership retroactive repudiation of gift 86

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

The taxpayer's brother, who was insolvent and facing a large tax debt, deposited $15,000 into a bank account of the taxpayer. The brother...

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

The taxpayers lived together with their father in a condominium which he had purchased but title to which he conveyed to them. Bonner J. found...

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

The taxpayers were the wife and children of a man who died intestate and insolvent, with a tax debt of approximately $270,000. The taxpayers...

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

The taxpayer's common-law partner, who owed tax, transferred to the taxpayer his 50% interest in the house they shared, but reserved a right to...

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

Sums which the taxpayer's husband transferred to their joint bank account in order to make payments on a mortgage was secured on the family home,...

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

Facing insolvency, the taxpayer's husband made a proposal in 2003, under the Bankruptcy and Insolvency Act, providing for monthly payments to his...

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

In response to a submission of the taxpayer (para. 8) "that subsection 160(1) ... does not include interest" McArthur, J. stated that "with...

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

The taxpayer acquired the family home in consideration for payment by way of set-off against the amount of a loan that she had made to her husband...

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

The taxpayer, who owned one-third of the shares of a corporation that paid a dividend to its shareholders, and was a director and bookkeeper of...

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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 with taxpayer who was ignored 84

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

A company ("Snazz") paid a dividend to a company ("151041") with which it did not deal at arm's length. 151041, which did not deal at arm's length...

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

Following an assessment of the taxpayer under s. 160 she alleged that there had been a transfer of a one-half interest in a property to her from...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Effective Date mere intention to transfer an interest in real estate was insufficient 122

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

The fact that a transfer of property from the taxpayer's spouse to the taxpayer was void against the trustee in bankruptcy of the spouse did not...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Illegality 64

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

The taxpayer's husband contributed $5,500 to her RRSP on March 1, 1986. Her husband's income tax liability for his 1986 taxation year and...

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

Funds that the taxpayer's son had transferred into a dormant bank account of the taxpayer were held by her as agent for her son, with the result...

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Words and Phrases
transfer

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

The taxpayer was not liable under s. 160(1) in respect of a cash transfer of $9,100 made to her by her husband because a prima facie case has been...

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

The appellant received a bequest under the will of his father, who died in the Cayman Islands while owing tax and interest to Revenue Canada. In...

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Words and Phrases
transfer

Davis v. The Queen, 94 D.T.C 1934, [1994] 2 CTC 2033 (TCC)

At the beginning of its 1985 and 1986 calendar taxation years, a corporation declared a dividend to its two shareholders (husband and wife). Such...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(2) 55

Savoie v. The Queen, 93 DTC 552, [1993] 2 CTC 2330 (TCC)

It was found that the taxpayer had a 50% interest in property transferred to her by her husband on the basis of there being either a resulting...

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Algoa Trust v. The Queen, 93 DTC 405, [1993] 1 CTC 2294 (TCC)

After finding that s. 160(1) applied to a cash dividend paid by a private corporation to its shareholder, Rip J. went on to find that s. 160(1)...

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Words and Phrases
transfer

Groupe d'Investissement Savoie, Lavoie Inc. v. M.N.R., 92 DTC 1531, [1992] 1 CTC 2355 (TCC)

The taxpayer acquired the personal residence of a related individual in consideration for issuing non-voting preference shares which were...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Shares 126

Winsor v. MNR, 91 DTC 1170, [1991] 2 CTC 2378 (TCC)

In finding that the appellant could be assessed under s. 160 respecting the alleged "transfer" to her by her husband of a 1/2 interest in the...

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Administrative Policy

3 May 2022 CALU Roundtable Q. 11, 2022-0928911C6 - Segregated Funds - S 160

In Higgins, the payment of death benefits under a London Life segregated fund to named beneficiaries (the daughters of the tax debtor) was found...

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

Using funds generated from operations, Opco, which is a foreign affiliate both of its parent (Canco) and grandparent (Can Holdco ), subscribes for...

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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 285
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 127
Tax Topics - Income Tax Act - Section 227.1 - Subsection 227.1(1) s. 227.1 liability can extend to NR directors of a CFA 176
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 177
Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(2) extra-territorial application of s. 80.4(2) 134

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

In response to a question as to whether a s. 160 would a apply to a butterfly reorganization (which typically entailed two share redemptions...

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

A corporation pays a preferred share stock dividend on its common shares and then redeems the preferred shares for their redemption value. Given...

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14 September 1995 External T.I. 9520635 - LIABILITY OF JOINT TENANT FOR DECEASED'S TAXES

S.160(1) will not apply to make a surviving joint tenant liable for the taxes owing by the estate of the other joint tenant arising on the deemed...

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

Notwithstanding that the decision in the Davis case (94 DTC 1934, [1994] 2 CTC 2033) was not appealed by RC, it does not interpret s. 160 as...

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

In response to a question concerning the Algoa Trust case (93 DTC 405), RC stated that it "has issued no general directives on restricting the...

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

S.160 is not limited to Part I and may apply to taxes imposed under other Parts.

The payment of a dividend may constitute a transfer of property...

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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.

Sale of Projectco before allocation to it by sub LP of condo sale profits (pp. 12:2-3)

Developers often undertake projects in a single-purpose...

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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.

Paragraph 160(1)(a)

See Also

Enns v. The King, 2023 TCC 28

The taxpayer’s husband, the proceeds of whose RRSP passed to her (and then to her plan) as a result of his death, had a tax debt on his death...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Judicial Comity more detailed of 2 fellow TCC decisions followed, notwithstanding that it might be a nullity 148
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Person widow was a "spouse" of her deceased husband 30

Paragraph 160(1)(c)

Articles

Joint Committee, "Avoidance of Tax Debts", 5 April 2022 Joint Committee Submission

Exclusion of s. 251(5)(b) rights

  • There should not be considered to be non-arm's length status by virtue only of rights described in s. 251(5)(b).

Paragraph 160(1)(e)

Cases

1455257 Ontario Inc. v. Canada, 2021 FCA 142

The validity of a s. 160 assessment of the taxpayer turned in part on whether the affiliate from which the taxpayer had received a transfer of...

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Words and Phrases
in respect of
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(i) CRA has no arbitrary discretion to reject an s. 152(4)(b)(i) extension request 315
Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(a) carrybacks must be requested by the taxpayer 232

See Also

Barwicz v. The King, 2024 CCI 93

The taxpayer was one of nine beneficiaries of a discretionary inter vivos personal trust which ceased to be resident in Canada in 2001. In January...

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Words and Phrases
transfer
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 128.1 - Subsection 128.1(4) - Paragraph 128.1(4)(b) s. 128.1(4)(a) applied for s. 94 purposes 286
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) s. 94(1)(c) did not change the shortened taxation year arising under s. 128.1(4)(a) 229
Tax Topics - General Concepts - Fair Market Value - Other capital interest in discretionary personal trust had nil value 157

Subparagraph 160(1)(e)(i)

Cases

Canada v. Gilbert, 2007 FCA 136

In two taxation years, at a time when it had an outstanding tax liability, a corporation whose shares were owned equally by Mr. and Mrs. Gilbert,...

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See Also

Valovic v. The Queen, 2020 TCC 101

The taxpayers were an electrician and his spouse who were equal shareholders of their corporation and who provided services respectively as...

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Mamdani Family Trust v. The Queen, 2020 TCC 93

An inter vivos family trust received over $3.5 million in taxable dividends from a wholly-owned Canadian private corporation (“Global”) at...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other conventional hypothetical sale test of FMV could not be applied to valuing a dividend 267

Subparagraph 160(1)(e)(ii)

See Also

1455257 Ontario Inc. v. The Queen, 2020 TCC 64, aff'd 2021 FCA 142

The validity of a s. 160 assessment of the taxpayer turned on whether the affiliate from which the taxpayer had received a transfer of property in...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(6) a CRA policy to adjust loss carrybacks, to a reassessed year, beyond the s. 152(6) period, had no statutory authority 698
Tax Topics - General Concepts - Onus onus on taxpayer re assessment underlying a s 160 assessment of the taxpayer 57

Colitto v. The Queen, 2019 TCC 88

The taxpayer’s husband (Mr. Colitto), who was acknowledged to be liable under s. 227.1 for the failure of a corporation of which he was a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 227.1 - Subsection 227.1(2) - Paragraph 227.1(2)(a) liability under s. 227.1 does not arise until s. 227.1(2) preconditions have been satisfied 251

Subsection 160(2) - Assessment

See Also

Csak v. The King, 2024 TCC 9

Two months after their marriage, the taxpayer received (on January 8, 1993) from her husband (“CC”) the transfer of a property valued in...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) marrying and caring for the transferor was not consideration for the transfer 237
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(ii) Minister failed to meet her onus that a waiver had been timely-received/ s. 26 of Interpretation Act did not extend the normal reassessment period for receiving the 2nd waiver 368
Tax Topics - Statutory Interpretation - Interpretation Act - Section 26 s. 26 of Interpretation Act did not extend the normal reassessment period for receiving the 2nd waiver 240
Tax Topics - General Concepts - Onus Minister failed to meet her onus that a waiver had been timely-received 154
Tax Topics - General Concepts - Res Judicata res judicata did not apply to taxpayer’s dispute of the validity of assessments of her transferor husband even though an executrix of his estate at the time of his unsuccessful appeal of those assessments 202
Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Act - Section 18.1 - Subsection 18.1(2) collection matters for the Federal Court 40

Davis v. The Queen, 94 D.T.C 1934, [1994] 2 CTC 2033 (TCC)

After comparing the wording of ss.160(2) and 152(1), McArthur TCJ. stated (p. 1935):

"... I am satisfied that the words 'at any time' provide a...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) 95

Administrative Policy

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

A, who is indebted to each of CRA and Revenue Quebec (ARQ) for $50,000, transfers $10,000 of property to A's spouse (B) for no consideration. In...

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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 107

5 July 1994 Internal T.I. 9414347 - ASSESSMENT OF A DISSOLVED CORPORATION

Where the time limit provided for in s. 219(2) of the Business Corporations Act (Alberta) has expired, it will be necessary first to revive the...

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Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Ontario - Business Corporations Act - Section 242 revival first if assessment after 2-year limitation 117

88 C.R. - Q.80

A s. 160 assessment is not a reassessment; therefore, the taxpayer is garrotted without due process of law.

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

The taxpayer's common-law partner, who owed tax, transferred to the taxpayer his 50% interest in the house they shared, but reserved a right to...

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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, [1990] 1 CTC 176 (FCTD)

The exemption in s. 160(4) was available with respect to the transfer of funds by the taxpayer's husband to the taxpayer pursuant to a court order...

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See Also

Drolet v. Agence du revenu du Québec, 2020 QCCA 636

In the face of his substance abuse and gambling problems, the taxpayer demanded in May 2010 that her husband quit the family home (which he...

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

The taxpayer`s relationship with her husband broke down in 2007, and in August 2007, her husband took the initiative to prepare in mangled English...

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Subsection 160(5)

Cases

Canada (The King) v. MICROBJO PROPERTIES INC., 2023 FCA 157

Noël C.J. rejected the taxpayers’ submission (at para. 62) that the introduction of s. 160(5) represented a change from the prior proper...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) a transaction that split, on the purchaser’s terms, a tax savings purportedly generated by it, was a non-arm’s length transaction 701
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) parties were not dealing at arm's length in transactions where they did not put their own patrimony in play 370
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) taxpayers did not intend to avoid (and were oblivious to) s. 160 265
Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) subsequent amendment confirmed the prior state of the law 82

Paragraph 160(5)(a)

Subparagraph 160(5)(a)(ii)

Articles

Joint Committee, "Avoidance of Tax Debts", 5 April 2022 Joint Committee Submission

"One of the purposes” is too low a threshold (p. 3)

  • The use of the "one of the purposes” test in s. 160(5)(a)(ii) establishes too low a...

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Paragraph 160(5)(c)

Articles

Joint Committee, "Avoidance of Tax Debts", 5 April 2022 Joint Committee Submission

S. 160(5)(c) rule should reflect all value-for value exchanges (pp. 6-9)

  • The rule under s. 160(5)(c) (deeming there to be a net property transfer...

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