Subsection 230(1) - Records and books
Cases
Sidhu v. MNR, 93 DTC 5453, [1993] 2 CTC 278 (FCA)
The trial judge had committed an error of law when he concluded that failure of the taxpayers to keep proper records of wages paid by them to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | 41 |
R. v. McKinlay Transport Ltd., 85 DTC 5537, [1986] 1 CTC 29 (Ont. Prov. Ct.), aff'd 87 DTC 5438, [1987] 2 CTC (S.C.O.)
Sections 230(1) and 230(3) are necessarily incidental to the federal powers of taxation exercised under the Act, and accordingly are not ultra...
See Also
Contact Lens King Inc. v. Canada, 2022 FCA 154
In further finding that ETA s. 286(1) did not require the appellant to obtain and retain copies of the prescriptions, LeBlanc JA stated (at para....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Schedules - Schedule VI - Part II - Section 9 | a requirement to make supplies pursuant to a prescription did not require obtaining a copy of the prescription | 462 |
| Tax Topics - Excise Tax Act - Section 286 - Subsection 286(1) | no particular form of documentary evidence required by s. 286(1) | 228 |
| Tax Topics - Statutory Interpretation - Inserting Words | not role of courts to add words | 134 |
Administrative Policy
11 October 2019 APFF Roundtable Q. 8, 2019-0821311C6 F - APFF 2019 Q.8: Surplus Documentation
Canco, which did not prepare a detailed calculation of its exempt surplus, hybrid surplus and taxable surplus accounts, nor of its hybrid...
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|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5901 - Subsection 5901(2) - Paragraph 5901(2)(b) | failure to prepare surplus accounts will preclude a late-filed Reg. 5901(2)(b) election | 186 |
5 October 2012 Roundtable, 2012-0454151C6 F - Registre des déplacements
Is an employer required to obtain an employee's travel logbook when providing the employee with a vehicle; and if such a record is not provided,...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(k) | onus on employer to support benefit computation if kilometer log | 162 |
20 February 2008 External T.I. 2007-0246241E5 F - Records and books
Regarding the reference in T4036 to maintaining "other supporting documents" to evidence expenses, CRA stated:
The CRA has not developed an...
3 January 2007 External T.I. 2006-0180601E5 F - Facturation entre deux sociétés affiliées.
Is there a need for written invoicing for management services between two non-arm's length corporations? CRA indicated this is not required under...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | invoices between domestic affiliates are not required, but are recommended | 47 |
13 December 2006 External T.I. 2005-0156201E5 F - Records on Heat Sensitized Paper
A taxpayer receives receipts from suppliers on thermal paper, the information on which naturally disappears after a few months. CRA noted that it...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | documentary requirements if a receipt is not available | 202 |
90 C.P.T.J. - Q.18
Electronically-produced data generally is considered to be "records".
88 C.R. - F.Q.11
Although the auditor has no statutory right to examine the records of a foreign subsidiary, the Canadian parent is expected to make available all...
IC 78-10R2 "Books and Records Retention/Destruction"
IC 77-9R "Books, Records and Other Requirements for Taxpayers Having Foreign Affiliates"
Subsection 230(2) - Records and books
Cases
Ark Angel Foundation v. Canada (National Revenue), 2019 FCA 21
The Foundation, a charitable foundation, received most of its revenues from three other registered charities (including the Humane Society of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 168 - Subsection 168(1) - Paragraph 168(1)(e) | revocation for failure to have records substantiating consulting fees paid to director | 333 |
| Tax Topics - Income Tax Act - Section 168 - Subsection 168(1) - Paragraph 168(1)(b) | failure to demonstrate that consulting fees paid to director were for charitable activities | 289 |
Prescient Foundation v. Canada (National Revenue), 2013 DTC 5101 [at 6044], 2013 FCA 120
The appellant ("Prescient") and several other registered charities were intermediaries in a series of transactions (the "Farm Sale Transactions"),...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 149.1 - Subsection 149.1(1) - Charitable Foundation | 355 | |
| Tax Topics - Income Tax Act - Section 149.1 - Subsection 149.1(1) - Related Business | 127 |
See Also
Promised Land Ministries v. The Queen, 2019 TCC 145, 2019 TCC 282
After poor record-keeping was identified on audit, a registered charity (PLM) entered into a compliance agreement with CRA. In a follow-up desk...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 188.2 - Subsection 188.2(2) - Paragraph 188.2(2)(a) | registered charity responsible for generating receipts for mission work in 3rd world “cash economies” | 259 |
Subsection 230(2.1) - Idem, lawyers
Cases
Thompson v. Canada (National Revenue), 2013 DTC 5146 [at 6296], 2013 FCA 197, rev'd 2016 SCC 21
In finding that a lawyer's list of client names were not automatically protected by solicitor-client privilege, Trudel JA also disagreed with the...
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|---|---|---|
| Tax Topics - General Concepts - Solicitor-Client Privilege | clients' names not generally privileged | 151 |
Subsection 230(3) - Minister’s requirement to keep records, etc.
Cases
R. v. McKinlay Transport Ltd., 87 DTC 5438 (S.C.O.)
Books and records were not inadequate by virtue only of the fact that they were kept at the Michigan premises of an American holding company.
Subsection 230(4) - Limitation period for keeping records, etc.
See Also
Hill Fai Investments Ltd. v. The Queen, 2015 DTC 1158 [at 1012], 2015 TCC 167
The taxpayer claimed a capital loss for its 2006 taxation year for loans, which it alleged it had made to its subsidiary and had reported in its...
Tibilla v. The Queen, 2013 DTC 1174 [at 946], 2013 TCC 215, aff'd 2014 DTC 5125 [at 7322], 2014 FCA 227
The taxpayer bought a property in November 2002 for $172,000 and sold it for $285,000 in December 2007. The taxpayer claimed that his costs...
Administrative Policy
11 May 2015 External T.I. 2014-0548841E5 - Retention of Books and Records
In response to a question concerning the interaction between the general requirements with respect to the retention of books and records in s....
14 June 2013 External T.I. 2012-0461301E5 F - Retention of books and records
In response to a general inquiry respecting the inter-relationship between ITA s. 230(4) and Reg. 5800(1), CRA paraphrased s. 230(4), and Regs....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5800 - Subsection 5800(1) | Reg. 5800(1)(a) doc must be retained 2 years' after dissolution without regard to 6-year period | 157 |
| Tax Topics - Income Tax Act - Section 230 - Subsection 230(4) - Paragraph 230(4)(a) | generally only the GL rather than ancillary journals or back-up are subject to the extended corporate accounting-record retention period under s. 230(4)(a) | 279 |
Paragraph 230(4)(a)
Administrative Policy
14 June 2013 External T.I. 2012-0461301E5 F - Retention of books and records
The various records or books of account of a corporation described in Reg. 5800(1)(a) are required pursuant to s. 230(4)(a) to be kept until two...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 230 - Subsection 230(4) | relationship between 2-year post dissolution and 6-year hold tests | 157 |
| Tax Topics - Income Tax Regulations - Regulation 5800 - Subsection 5800(1) | Reg. 5800(1)(a) doc must be retained 2 years' after dissolution without regard to 6-year period | 157 |
Subsection 230(4.1) - Electronic records
Administrative Policy
17 July 2014 External T.I. 2014-0526121E5 - Electronic records
An individula intends to store electronic images of all relevant information (including receipts) respecting past income tax filings on an...
IC 05-1R1 "Electronic Record Keeping" June 2005
23. When original source documents and records are in an electronic format, they must be kept in an electronically readable format even if they...