Section 67

Cases

Peach v. Canada, 2016 FCA 173

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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

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Hammill v. Canada, 2005 DTC 5397, 2005 FCA 252

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Petro-Canada v. Canada, 2004 DTC 6329, 2004 FCA 158

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) joint purchase with no separate interests 117
Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (a) no plan to use purchased seismic data 142
Tax Topics - General Concepts - Purpose/Intention purpose test satisfied even if multiple purposes 71

Global Communications Ltd. v. Canada, 99 DTC 5377 (FCA)

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Locations of other summaries Wordcount
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 250

Shell Canada Ltd. v. Canada, 99 DTC 5669, [1999] 3 S.C.R. 622

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Substance legal relationships prevail over economic realities 193
Tax Topics - General Concepts - Tax Avoidance taxpayes entitled to rely on structure of their transactions 152
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) borrowing in legal substance was in weak currency 170
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 217
Tax Topics - Statutory Interpretation - Specific v. General Provisions 90

Mohammad v. The Queen, 97 DTC 5503 (FCA)

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Maduke Foods Ltd. v. The Queen, 89 DTC 5458 (FCTD)

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Irving Oil Ltd. v. The Queen, 88 DTC 6138, [1988] 1 CTC 263 (FCTD), aff'd 91 DTC 5106 (FCA)

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The Queen v. Chrapko, 84 DTC 6544, [1984] CTC 594 (FCTD), rev'd 88 DTC 6487, [1988] 2 CTC 342 (FCA)

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Antoine Guertin Ltée v. The Queen, 81 DTC 5268, [1981] CTC 351 (FCTD), aff'd 87 DTC 5458, [1988] 1 CTC 117 (FCA)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Old 93

Gabco Ltd. v. MNR, 68 DTC 5210, [1968] CTC 313 (Ex Ct)

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See Also

Alberta v ENMAX Energy Corporation, 2018 ABCA 147

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Locations of other summaries Wordcount
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 470
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 264
Tax Topics - General Concepts - Tax Avoidance right to structure affairs to reduce taxes (or, here, payments in lieu) inapplicable where consumer assistance purpose defeated 172
Tax Topics - Statutory Interpretation - Hansard, explanatory notes, etc. purpose inferred in part from Legislative Assembly statement of Minister 81

Bell v. The Queen, 2016 TCC 175

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Locations of other summaries Wordcount
Tax Topics - Other Legislation/Constitution - Federal - Indian Act - Section 87 excessive bonuses not connected to reserve 616

ENMAX Energy Corp. v. Alberta, 2016 ABQB 334

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Locations of other summaries Wordcount
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% 483
Tax Topics - Income Tax Act - Section 247 - New - Subsection 247(2) arm's length comparables for intercompany interest rate not dispositive 284

Anderson v. The Queen, 2016 TCC 106 (Informal Procedure)

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6051944 Canada Inc. v. The Queen, 2015 TCC 180 (Informal Procedure)

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McLarty v. The Queen, 2014 DTC 1162 [at 3556], 2014 TCC 30

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Agency participations contrary to agreement were disregarded 107
Tax Topics - General Concepts - Illegality participations contrary to agreement were disregarded 107
Tax Topics - General Concepts - Sham sham cannot apply to just part of transaction 139
Tax Topics - General Concepts - Tax Avoidance sham cannot apply to just part of transaction 139
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) revenues 10% of interest 178

Tri-O-cycles Concept Inc. v. The Queen, 2013 DTC 1084 [at 467], 2009 TCC 632

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Locations of other summaries Wordcount
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 190

Massicolli v. The Queen, 2013 DTC 1049 [at 266], 2012 TCC 344

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Ruff v. The Queen, 2012 TCC 105

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Bilous v. The Queen, 2011 DTC 1126 [at 710], 2011 TCC 154

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Noel v. The Queen, 2011 DTC 1056 [at 313], 2011 TCC 27

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Bertomeu v. The Queen, 2006 DTC 3441, 2006 TCC 85

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Humphrey v. The Queen, 2006 DTC 2730, 2006 TCC 168 (Informal Procedure)

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Manchester v. The Queen, 2005 DTC 1429, 2005 TCC 402

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McLarty v. The Queen, 2005 DTC 217, 2005 TCC 55, rev'd 2006 DTC 6340, 2006 FCA 152, aff'd supra.

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Mépalex v. The Queen, 2004 DTC 2232 (TCC)

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Costigane v. The Queen, 2003 DTC 254, 2003 TCC 67

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Gagnon v. The Queen, 99 DTC 845 (TCC)

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Halifax Green Elevator Ltd. v. The Queen, 96 D.T.C 1178 (TCC)

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Fehrenbach v. MNR, 95 DTC 860 (TCC)

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Canadian Propane Gas & Oil Ltd. v. MNR, 73 DTC 5019, [1972] CTC 566 (FCTD)

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Administrative Policy

May 2016 Alberta CPA Roundtable, Q.15

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Locations of other summaries Wordcount
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

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 170 - Subsection 170(2) no change in policy re fees paid to managment holdcos following 6051944 119

20 February 2013 External T.I. 2012-0473051E5 F - Frais de gestion versés à un conjoint

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19 October 2012 External T.I. 2012-0440071E5 - Section 67 of the Income Tax Act

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 214 - Subsection 214(3) - Paragraph 214(3)(a) corresponding adjustment to recipient 138

2004 Ruling 2004-009293 -

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2004 Ruling 2004-008619 -

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2004 Ruling 2004-007274 -

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10 October 2003 External T.I. 2003-0030025 F - RETRIBUTION VERSEE AUX GESTIONNAIRE

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15 May 2001 External T.I. 2001-0072825 - OWNER - MANAGER REMUNERATION

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26 March 2001 External T.I. 2001-006405 -

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10 April 2000 T.I. 2000 - 001308

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May 1998 Advanced Life Underwriting Round Table, Q. 1, No. 9807000

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7 March 1995 T.I. 942835 (C.T.O. "Active Shareholder Bonuses")

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23 June 1994 T.I. 940346 (C.T.O. "Seminar Expenses")

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2 April 1993 T.I. (Tax Window, No. 30, p. 8, ¶2486)

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93 C.R. - Q. 21

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3 March 1992 Memorandum (Tax Window, No. 17, p. 8, ¶1775)

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91 C.R. - Q.25

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91 C.R. - Q.26

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21 October 1991 T.I. 912692

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31 December 1990 T.I. (Tax Window, Prelim. No. 2, p. 13, ¶1053)

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90 C.R. - Q56

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27 April 1990 T.I. (September 1990 Access Letter, ¶1417)

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86 C.R. - Q.39

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) 13

85 C.R. - Q.16

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84 C.R. - Q.82

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) 29

81 C.R. - Q.42

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80 C.R. - Q.22

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80 C.R. - Q.40

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79 C.R. - Q.6

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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

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Peters, "Innovative Share Conditions and Family-Owned Enterprises - Emerging Income Tax Issues", 1991 Conference Report, p. 8:15

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