Subtopics
Cases
Oriole Oil & Gas Ltd. v. The Queen, 91 DTC 5143 (FCTD)
After the two shareholders and principals of a private company decided to seek a purchaser for their shares, they entered into a contract with...
The Queen v. MerBan Capital Corp. Ltd., 89 DTC 5404, [1989] 2 CTC 246 (FCA)
"Paragraph 18(1)(a) is not ... a provision which entitles a taxpayer to deduct an amount paid. Rather paragraph 18(1)(a), expressed in negative...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Personality | 107 | |
| Tax Topics - General Concepts - Separate Existence | 112 | |
| Tax Topics - Income Tax Act - Section 167 - Subsection 167(5) | 52 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Financing Expenditures | guarantee fees paid respecting bank loans made to subsidiaries were capital expenditures | 207 |
| Tax Topics - Income Tax Act - Section 180 - Subsection 180(3) | 30 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | payment under guarantee not re borrowed money | 177 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | 157 |
Green Acres Fertilizers Services Ltd. v. The Queen, 79 DTC 5346, [1979] CTC 431, aff'd 80 DTC 6365, [1980] CTC 504 (FCA)
An argument, that the payment of premiums by a company in respect of life insurance policies, that were designed to fund a shareholders' buy-sell...
Hutterian Brethren Church of Wilson v. The Queen, 79 DTC 5474, [1980] CTC 1, 79 DTC 5479 (FCA)
There was no statutory basis for an incorporated Hutterite colony to deduct the fair market value (as opposed to the cost) of services provided to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 149.1 - Subsection 149.1(1) - Charitable Organization | 98 | |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) | 74 |
Meteor Homes Ltd. v. MNR, 61 DTC 1001, [1960] CTC 419 (Ex. Ct.)
After noting that in a previous case, a payment made to shareholders had been found to be a capital receipt to them, and before finding that the...
See Also
Larkin v. The Queen, 2020 TCC 98 (Informal Procedure)
A retirement-age geologist with decades of successful experience as a prospector, entrepreneur and inventor worked on a number of unsuccessful...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | geologist with past successes but no current income was carrying on business | 294 |
| Tax Topics - General Concepts - Evidence | spreadsheet was sufficient documentation of various claimed expenses | 99 |
Ferguson-Neudorf Glass Inc v. The Queen, 2009 DTC 179, 2008 TCC 684
A fine which the taxpayer paid under the Occupational Health & Safety Act (Ontario) for the offence of failing "to provide information,...
Stewart v. R., 98 DTC 1600, [1998] 3 CTC 2662 (TCC)
The taxpayer financed virtually all of the purchase price of four rental units using borrowed money after reviewing offering documents that...
Bellin v. The Queen, 95 DTC 729 (TCC)
The taxpayer, which had realized intermittent small profits from the operation of a small department store up until 1986, was found to no longer...
Pioneer Designs Corp. v. MNR, 91 DTC 293, [1990] 2 CTC 2446 (TCC)
In finding that accrued bonuses were deductible as expenses (as opposed to being distributions of profit) notwithstanding that they were...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(e) | 41 |
Lawrence v. MNR, 90 DTC 1491, [1990] 1 CTC 2567 (TCC)
The taxpayer, who acquired an interest in a MURB was unable to deduct his proportionate share of certain expenses paid by the vendors while the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense | 43 |
Schuler v. MNR, 90 DTC 1078, [1990] 1 CTC 2264 (TCC)
It was found that the taxpayers were the beneficial owners of MURB properties during their construction phase and that the construction costs were...
British Sugar Manufacturers, Ltd. v. Harris (1937), 21 TC 528 (C.A.)
A company, which was in financial difficulty, agreed to pay 20% of its net profits for a four-year period to creditors "in consideration of their...
Union Cold Storage Co., Ltd. v. Adamson (1931), 16 T.C. 327 (H.L.)
The taxpayer leased lands and premises for a quarterly fixed rent subject to a proviso to the effect that if its profits for a calendar year were...
Administrative Policy
25 October 2023 External T.I. 2022-0927891E5 - XXXXXXXXXX Program - Deductibility of Costs
The taxpayer encouraged the use of its credit card by agreeing that cardholders would earn points based on the dollar amount of eligible purchases...
1994 A.P.F.F. Round Table, Q. 9
"In the case of gift certificates given by a corporation to its clients, in order to ensure that the expense claimed is valid and that the amount...
88 CR - Q.60
Except where s. 7(3) is applicable, the issue of shares from treasury will generally represent the payment of an otherwise deductible expense.
Articles
Dionne, "Employee's Expenses for Setting Up Pension Plan Are Not Allowed as Deduction", Taxation of Executive Compensation and Retirement, May 1990, p. 282
RC's view that RRSP fees are deductible apparently does not extend to employer-sponsored retirement savings vehicles.