Cases
Peach v. Canada, 2022 FCA 163
In his 2011 taxation year, the taxpayer earned $27 in revenue and deducted over $19,600 in business expenses from a business of selling life...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | whether CRA could have reassessed within the normal reassessment period is irrelevant to the extension under s. 152(4)(a)(i) | 152 |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | rental to sons at below-FMV rent had a personal element, and did not satisfy the Stewart source test | 120 |
Peach v. Canada, 2016 FCA 173
Before sending the case back to the Tax Court for redetermination of the s. 67 issue, Trudel JA stated (at paras. 5-7):
Under section 67, the...
Beaudry v. The Queen, 2010 DTC 1266 [at 3853], 2008 TCC 17, aff'd Romar v. The Queen, 2010 DTC 5076 [at 6816], 2009 FCA 48
The taxpayers deducted the price to develop antibodies for diagnostic kits. The price amounted to $1.75 million per antibody. Evidence showed that...
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| Tax Topics - Income Tax Act - Section 37 - Subsection 37(2) | 50 | |
| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | 139 |
Hammill v. Canada, 2005 DTC 5397, 2005 FCA 252
The taxpayer purchased gems for an amount in excess of their worth, and then paid a total of $1,651,766 in charges purportedly made to secure a...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | fraudulent scheme foisted on taxpayer was not a business | 63 |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | fraudulent scheme is not a business to the victim | 154 |
Petro-Canada v. Canada, 2004 DTC 6329, 2004 FCA 158
A joint exploration corporation which was dealing at arm's length with its two shareholders (who were acting in concert with each other) acquired...
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| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | joint purchase with no separate interests | 119 |
| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (a) | no plan to use purchased seismic data | 144 |
| Tax Topics - General Concepts - Purpose/Intention | purpose test satisfied even if multiple purposes | 77 |
Global Communications Ltd. v. Canada, 99 DTC 5377 (FCA)
S.67 would have applied to reduce a purported expenditure on CEE (if, in fact, it had qualified as CEE) from $15 million to $1.8 million because...
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| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (a) | no exploration use of seismic data by taxapyer | 256 |
Shell Canada Limited, Appellant/Respondent v. Her Majesty the Queen, Respondent/Appellant on Cross-Appeal and Canadian Pacific Limited and Her Majesty the Queen, Interveners, 99 DTC 5669, [1999] 3 S.C.R. 622, [1999] 4 CTC 313
In refusing to apply s. 67 to interest that was found to be reasonable in amount for purposes of the reasonableness limitation expressed in s....
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| Tax Topics - General Concepts - Substance | legal relationships prevail over economic realities | 201 |
| Tax Topics - General Concepts - Tax Avoidance | taxpayers entitled to rely on structure of their transactions | 170 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | borrowing in legal substance was in weak currency | 174 |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange | FX hedging gain was capital gain as hedged borrowing was on capital account | 225 |
| Tax Topics - Statutory Interpretation - Specific v. General Provisions | general reasonableness provision should not be applied to interest which has its specific s. 20(1)(c) reasonableness limitation | 96 |
Mohammad v. R., 97 DTC 5503, [1997] 3 C.T.C. 321 (FCA)
The taxpayer had his acquisition of a co-ownership interest in a residential property by assuming his share of a first mortgage and by borrowing...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Reasonable Expectation of Profit | must be a realistic plan to reduce overleverage | 158 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 85 | |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | 160 |
Graves v. The Queen, 90 DTC 6300 (FCTD)
Counsel for the Crown argued that costs incurred by the taxpayers in attending conventions in the United States were unreasonable given the...
Maduke Foods Ltd. v. The Queen, 89 DTC 5458, [1989] 2 CTC 284 (FCTD)
Accrued remuneration incurred by a family-owned corporation for two weeks per year of work at the store by the wife of one of the minority...
Irving Oil Ltd. v. The Queen, 88 DTC 6138, [1988] 1 CTC 263 (FCTD), aff'd 91 DTC 5106 (FCA)
An individual ("K.C. Irving") who controlled the taxpayer and an arm's length supplier of Middle East crude ("Socal") sought to share the...
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| Tax Topics - General Concepts - Ownership | 50 | |
| Tax Topics - General Concepts - Stare Decisis | 32 | |
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) | 27 | |
| Tax Topics - Income Tax Act - Section 245 - Old | 141 |
The Queen v. Chrapko, 84 DTC 6544, [1984] CTC 594 (FCTD), rev'd 88 DTC 6487, [1988] 2 CTC 342 (FCA)
It was found that the Minister could have invoked section 67 (if he had done so on a timely basis) to deny the deduction of a portion of an...
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| Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Rules - Rule 420 [Amendment of Pleadings] | 38 | |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | 87 |
Antoine Guertin Ltée v. The Queen, 81 DTC 5268, [1981] CTC 351 (FCTD), aff'd 87 DTC 5458, [1988] 1 CTC 117 (FCA)
A sister of the taxpayer's president attended meetings of the board and performed various errands on behalf of the taxpayer. A reduction for tax...
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| Tax Topics - Income Tax Act - Section 245 - Old | 95 |
Tobias v. The Queen, 78 DTC 6028, [1978] CTC 113 (FCTD)
Expenditures amounting to approximately $106,000 incurred by the taxpayer over an 8 year period in an unsuccessful search for buried pirate...
Gabco Ltd. v. MNR, 68 DTC 5210, [1968] CTC 313 (Ex Ct)
A successful family-owned construction company followed a policy of paying bonuses to its employees in proportion to their shareholdings, which in...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Dividend | 158 |
Frontenac Shoe Ltée v. MNR, 63 DTC 1129, [1963] CTC 181 (Ex Ct)
The taxpayer's controlling shareholder who in his spare time had developed a detailed catalogue to facilitate sales of shoes by the taxpayer, sold...
See Also
Gervais Auto Inc. v. Agence du revenu du Québec, 2021 QCCA 459
The taxpayer financed its inventory of used automobiles held for resale through unsecured loans from the family Holdcos that were its...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 10% interest rate on unsecured loans from shareholders was not unreasonable | 503 |
| Tax Topics - General Concepts - Onus | Court of Appeal free to re-weigh the evidence once the failure of the trial judge to apply onus correctly was established | 318 |
Banque Laurentienne du Canada v. The Queen, 2020 TCC 73
In order to finance an acquisition, Laurentian Bank issued subscription receipts to two private placement investors (the Caisse for $100 million...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | fees paid by the issuer of subscription receipts to the investors themselves were deductible under s. 20(1)(e) | 291 |
Gervais Auto Inc. v. Agence du revenu du Québec, 2019 QCCQ 5894, rev'd 2021 QCCA 459
The taxpayer financed its inventory of used automobiles held for resale through unsecured loans totaling $6 million from its shareholders, bearing...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | a 10% interest rate on an unsecured loan was unreasonably high | 391 |
Alberta v ENMAX Energy Corporation, 2018 ABCA 147
After quoting from Gabco, and in concluding that the reference is s. 20(1)(c)(i), as it applied for the purposes of computing payments to be made...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) - Subparagraph 20(1)(c)(i) | interest on a loan from a tax-exempt parent should be at an arm’s length rate reflecting implicit parental credit support | 494 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | arm’s length interest rate to sub could not be manipulated by structuring the loan as a junk bond without implicit parental credit support | 293 |
| Tax Topics - General Concepts - Tax Avoidance | right to structure affairs to reduce taxes (or, here, payments in lieu) inapplicable where consumer assistance purpose defeated | 189 |
| Tax Topics - Statutory Interpretation - Hansard, explanatory notes, etc. | purpose inferred in part from Legislative Assembly statement of Minister | 83 |
Bell v. The Queen, 2016 TCC 175
A husband-wife team owned and managed a construction firm doing work in the general Vancouver area with the husband managing the business...
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| Tax Topics - Other Legislation/Constitution - Federal - Indian Act - Section 87 | excessive bonuses not connected to reserve | 644 |
ENMAX Energy Corp. v. Alberta, 2016 ABQB 334, rev'd 2018 ABCA 147
Before finding that interest payable by the appellant on a subordinated intercompany note bearing interest at 11.5% was in a “reasonable...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 11.5% interest rate on unsecured intercompany note was reasonable under s. 20(1)(c) notwithstanding that this exceeded an arm’s length rate of around 8.5% | 513 |
| Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) | arm's length comparables for intercompany interest rate not dispositive | 308 |
Anderson v. The Queen, 2016 TCC 106 (Informal Procedure)
The taxpayer commenced to act as an independent distributor of coffee for a company (“Organo Gold”), which was a multi-level marketing...
6051944 Canada Inc. v. The Queen, 2015 TCC 180 (Informal Procedure)
A private company with a new home construction business with revenues in the $12M to $16M range had a profitable 2009 fiscal year and when the...
McLarty v. The Queen, 2014 DTC 1162 [at 3556], 2014 TCC 30
On December 31, 1993, the taxpayer and other parties to a joint venture acquired (through the joint venture operator ("507") the rights to exploit...
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| Tax Topics - General Concepts - Agency | participations contrary to agreement were disregarded | 111 |
| Tax Topics - General Concepts - Illegality | participations contrary to agreement were disregarded | 113 |
| Tax Topics - General Concepts - Sham | sham cannot apply to just part of transaction | 145 |
| Tax Topics - General Concepts - Tax Avoidance | sham cannot apply to just part of transaction | 145 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | revenues 10% of interest | 186 |
Tri-O-cycles Concept Inc. v. The Queen, 2013 DTC 1084 [at 467], 2009 TCC 632
After finding that the taxpayer had been carrying on a business of developing pedal and steering systems for adult tricycles, Paris J found that...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | lengthy development period preceding first revenue | 206 |
Massicolli v. The Queen, 2013 DTC 1049 [at 266], 2012 TCC 344
The taxpayer was a securities broker for National Bank Financial ("NBF"), and worked there with another investment advisor ("Auger") in the what...
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| Tax Topics - Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(i) - Subparagraph 8(1)(i)(ii) | 54 |
Ruff v. The Queen, 2012 TCC 105
The taxpayer, a lawyer, was bilked of $400,000 by scam artists, posing as clients, who induced him to pay for "processing " fees in connection...
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| Tax Topics - Income Tax Act - Section 3 | 92 | |
| Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) | 92 |
Bilous v. The Queen, 2011 DTC 1126 [at 710], 2011 TCC 154
The individual taxpayer was the principal shareholder of the corporate taxpayer, a canola farm supplier with annual sales in the tens of millions....
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 130 |
Noel v. The Queen, 2011 DTC 1056 [at 313], 2011 TCC 27
The taxpayer, an independently practising lawyer, paid his wife $45,000 in the year as remuneration for bookkeeping and office management...
Bertomeu v. The Queen, 2006 DTC 3441, 2006 TCC 85
A firm of architects of which the taxpayer was a partner was entitled to deduct the full amount of management fees that it paid to a management...
Humphrey v. The Queen, 2006 DTC 2730, 2006 TCC 168 (Informal Procedure)
The taxpayer was assessed for amounts that she embezzled from her employer in 2000, declared bankruptcy because of this claim against her and,...
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| Tax Topics - General Concepts - Estoppel | 43 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | 188 | |
| Tax Topics - Income Tax Act - Section 3 | 188 |
Manchester v. The Queen, 2005 DTC 1429, 2005 TCC 402
Directors' fees that were paid to children of the taxpayer's shareholders for serving as directors of the corporation, with the amount paid to...
McLarty v. The Queen, 2005 DTC 217, 2005 TCC 55, rev'd 2006 DTC 6340, 2006 FCA 152, aff'd supra.
Before going on to find that the purchase price for seismic data acquired by the taxpayer did not exceed its fair market value, Little J....
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| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | freedom not to transact | 66 |
| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (a) | 178 |
Mépalex v. The Queen, 2004 DTC 2232 (TCC)
Bonuses paid to children of the taxpayer's controlling shareholders that clearly were unreasonable in amount in relation to the services rendered...
Shaver v. The Queen, 2003 DTC 2112, 2004 TCC 10
After finding that expenses incurred by the taxpayer in connection with a trip to Las Vegas by him and six other people including his wife and...
Costigane v. The Queen, 2003 DTC 254, 2003 TCC 67
A family trust was established which employed, on a part-time basis, three individuals previously employed full-time in the taxpayer's dental...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 95 |
Gagnon v. R., 99 DTC 845, [1999] 4 CTC 2426 (TCC)
Before finding that expenses incurred by the taxpayer were deductible, Bowman TCJ. stated (at p. 849):
"Expenses are not unreasonable simply...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 80 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 38 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(m) | software receipt amortized | 39 |
Halifax Green Elevator Ltd. v. The Queen, 96 D.T.C 1178, [1996] 1 CTC 2955 (TCC)
Lease performance guarantee fees paid by the taxpayer to an affiliated corporation ("CMM") resident in the Dutch Vigin Islands were found to be...
Fehrenbach v. MNR, 95 DTC 860, [1995] 1 CTC 2602 (TCC)
The taxpayer, who was a partner in a law firm, deducted that portion of the expenses attributable to a condominium in a ski area represented by...
Canadian Propane Gas & Oil Ltd. v. MNR, 73 DTC 5019, [1972] CTC 566 (FCTD)
With respect to the statutory predecessor of s. 68, Cattanach J. stated (p. 5028):
"I should think that 'reasonable' as used in the context of...
Administrative Policy
May 2016 Alberta CPA Roundtable, Q.15
What is the CRA policy on rental claims by a corporation for use of a workspace in a shareholder’s residence? Consider: a monthly payment based...
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | reasonable rents for tangible use of shareholder's home not a benefit | 294 |
5 January 2016 External T.I. 2015-0622991E5 - Reasonableness of intercorporate management fees
The 6051944 Canada Inc. case found that a fee paid by a private company (engaged in a new home construction business) to its two...
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| Tax Topics - Excise Tax Act - Section 170 - Subsection 170(2) | no change in policy re fees paid to managment holdcos following 6051944 | 127 |
20 February 2013 External T.I. 2012-0473051E5 F - Frais de gestion versés à un conjoint
In the course of a general discussion of fees paid by the taxpayer for management services of the taxpayer’s spouse, CRA stated:
The...
19 October 2012 External T.I. 2012-0440071E5 - Section 67 of the Income Tax Act
CRA affirmed its position in 1986 Conference Report, Question 39. Where part of an intercompany management fee or similar charge is disallowed...
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| Tax Topics - Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(a) | corresponding adjustment to recipient | 146 |
20 May 2010 External T.I. 2009-0352801E5 F - Caractère raisonnable - honoraires de gestion
When asked as to the reasonableness of management services charged to a professional partnership by a corporation owned by shareholders related to...
13 May 2010 External T.I. 2009-0343971E5 F - Société de services pour les professionnels
Amendments to the Professional Code of Quebec resulted in several professional orders allowing their members to carry on their professional...
1 February 2010 Internal T.I. 2010-0354671I7 F - Frais de gestion à une fiducie
The Corporation (a CCPC) pays management fees (including a bonus component) to a non-Alberta trust (“Trust A”) whose beneficiary is an Alberta...
29 March 2006 Internal T.I. 2006-0171171I7 F - Convention de retraite
Amounts paid to a trust governed by a retirement compensation arrangement (RCA) were non-deductible in computing the corporation's income on the...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Retirement Compensation Arrangement | plan was not an RCA because benefits were unreasonable | 33 |
4 January 2006 Internal T.I. 2005-0115801I7 F - Convention de retraite
A closely-held corporation that was dividending out all the profits of its business also established a purported retirement compensation...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Retirement Compensation Arrangement | arrangement was not an RCA because the benefits were not reasonable | 110 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | contributions to purported RCA that provided excessive benefits to employee/ultimate shareholders were included in the direct shareholders’ income under s. 56(2) | 122 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(r) | excessive benefits would have resulted in denial under ss. 18(1)(o.2) and 20(1)(r) had the arrangement qualified as an RCA | 206 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Salary Deferral Arrangement | contributions to a purported RCA that contemplated excessive benefits also were not in relation to an SDA because the contributions instead were indirect shareholder appropriations | 108 |
24 January 2005 External T.I. 2004-0099471E5 F - Convention de retraite pour un actionnaire-employé
Are contributions by a corporation to an RCA deductible in computing its income where the contributions relate to services rendered by a...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(r) | no deduction regarding pre-incorporation services, and longstanding CRA position re shareholder-manager compensation | 129 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(x) | Part XI.3 tax and s. 56(1)(x) income inclusion apply even where RCA contribution is partially or fully non-deductible | 146 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Salary Deferral Arrangement | a significant reduction in bonus or salary matched by an RCA contribution likely suggests it instead is an SDA | 244 |
2004 Ruling 2004-0092931R3 - Deductibility Shareholder Manager Remuneration
Ruling that a Canadian-controlled private corporation, which historically had paid large bonuses each year to its shareholder-managers and key...
2004 Ruling 2004-008619
A favourable ruling on the deductibility of shareholder/manager remuneration paid out of income triggered from the proceeds of a sale of business...
2004 Ruling 2004-0072741R3 - ATR-Shareholder/Manager Bonus&Non-Capital Loss
Favourable ruling re deductibility of a shareholder/manager bonus that would create a non-capital loss to be carried back.
10 October 2003 Roundtable, 2003-0030025 F - RETRIBUTION VERSEE AUX GESTIONNAIRE
The position in Income Tax Technical News, No. 22 applies to distributions out of income earned from all types of businesses including an inactive...
18 December 2002 Internal T.I. 2002-0164817 F - HONORAIRES POUR SERVICES DE MANDATAIRE
A professional paid his management company for 115% of the costs it purportedly incurred in managing his professional practice. However, the...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | fees paid to a management company whose employees were employed by the professional recipient may not be incurred for an income-producing purpose | 61 |
15 May 2001 External T.I. 2001-0072825 - OWNER - MANAGER REMUNERATION
"It may generally be concluded that the CCRA will not normally challenge reasonableness of salaries or bonuses paid out of business profits to...
23 April 2003 External T.I. 2002-0155125 F - Rétribution Questionnaires - Actionnaires
A resident individual (Mr. X) is the sole shareholder of Holdco 1, which wholly-owns Holdco 2, which wholly-owns Opco 1 and Opco 2 (with Canadian...
14 January 2003 External T.I. 2002-0154205 F - CARACTERE RAISONNABLE FRAIS
A farm partnership owned equally by three individuals leased farmland and buildings to a dairy corporation owned equally by A, B and C. in the...
26 March 2001 External T.I. 2001-0064055 - DEDUCT. OF MANAGERS BONUSES&SALARIES
In response to a question as to whether the CCRA position on the reasonableness of a manager's bonus applies where he holds shares through a...
10 April 2000 External T.I. 2000-0013085 - REASONABLENESS OF MANAGER BONUS
The position at 1981 CR, Q. 42 does not apply to managers who hold their shares through a holding company.
May 1998 Advanced Life Underwriting Round Table, Q. 1, No. 9807000
The policies of Revenue Canada on the payment of salaries and bonuses to the principal shareholder-manager of a CCPC also will apply in...
7 March 1995 External T.I. 9428355 - ACTIVE SHAREHOLDER BONUSES
Discussion of criteria applied for determining reasonableness of bonuses paid to shareholders of a corporation.
23 June 1994 External T.I. 9403465 - SEMINAR EXPENSES
The amount in respect of a four-day seminar held during a 12-day European cruise for self-employed professionals will be deductible to the extent...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(h) | 57 |
2 April 1993 T.I. (Tax Window, No. 30, p. 8, ¶2486)
Re deductibility of bonus paid by Opco for management services of its holding company provided by the only shareholder of the holding company, and...
93 C.R. - Q. 21
The deductibility of management fees or bonuses paid by a company to its shareholder (which is a partnership) providing the employees necessary to...
3 March 1992 Memorandum (Tax Window, No. 17, p. 8, ¶1775)
RC will consider applying s. 67 to reduce the amount of the deduction of an employer for a per-kilometre car allowance paid to an employee where...
91 C.R. - Q.25
Where shareholders are employees of Holdco which, in turn, provides management services to Opco, any fees paid to the corporate shareholder...
91 C.R. - Q.26
There are no guidelines to determine the reasonableness of bonuses paid out of investment income.
21 October 1991 T.I. 912692
Management fees paid by a professional practitioner to a related corporation generally will be considered deductible if they do not exceed 115% of...
31 December 1990 T.I. (Tax Window, Prelim. No. 2, p. 13, ¶1053)
Discussion of deductibility of bonuses received directly or indirectly by the shareholders of a holding company.
90 C.R. - Q56
Affirmation of the 81 guidelines respecting bonusing down to the $200,000 limit.
27 April 1990 T.I. (September 1990 Access Letter, ¶1417)
Where all the shares of Opco are owned by Holdco, and all the shares of Holdco are owned by individuals who are employees of Opco, then any...
86 C.R. - Q.39
Where a taxpayer has had the deduction of part of an intercompany expense denied pursuant to section 67, RC will upon the receipt of a written...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 13 |
85 C.R. - Q.16
The decision in Grant Babcock and Doug Burns are not at variance with RC's guidelines re the reasonableness of salaries.
84 C.R. - Q.82
Remuneration from a corporation to its principal shareholder-manager and to employees other than his family will not generally be considered...
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| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | 29 |
81 C.R. - Q.42
Guidelines re reasonableness of salaries and bonuses paid to an employee-shareholder.
80 C.R. - Q.22
In a non-arm's length situation, a reasonable retiring allowance would be an amount not in excess of 50% of the last five years' compensation less...
80 C.R. - Q.40
Re reasonableness of salary paid to a spouse.
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| Tax Topics - Income Tax Act - 101-110 - Section 103 - Subsection 103(1.1) | 22 |
79 C.R. - Q.6
RC will not give a ruling as to the reasonableness of soft costs.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 39 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | 33 |
Articles
Alex Klyguine, "Income Splitting After the New Private Corporation Proposals: Salaries Paid to Family Members", Canadian Tax Focus (Canadian Tax Foundation), Vol. 8, No. 1, February 2018, p. 1
Salaries not included in split income (p. 1)
The private corporation proposals, which expand the tax on split income to certain dividends paid to...
Peters, "Innovative Share Conditions and Family-Owned Enterprises - Emerging Income Tax Issues", 1991 Conference Report, p. 8:15
Discussion of situation where bonuses are paid to shareholders precisely in proportion to their shareholdings.