Agency
See Also
Dion v. The Queen, 2012 DTC 1101 [at 3027], 2012 TCC 6
Lamarre J. found that the taxpayer could not hold a vehicle operating permit as a mandatary for his corporation, because doing so would have...
Avotus Corporation v. The Queen, 2007 DTC 215, 2006 TCC 505
The proper interpretation of the agency agreement between the taxpayer, a Canadian-resident corporation, and its Puerto Rican subsidiary, was that...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | 70 | |
| Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation | tie-breaking vote of 50% non-resident shareholder | 92 |
| Tax Topics - Income Tax Act - Section 256 - Subsection 256(5.1) | 91 | |
| Tax Topics - General Concepts - Effective Date | retroactive agency agreement | 124 |
Baxter v. The Queen, 2006 DTC 2642, 2006 TCC 230
Before going on to find that the taxpayer was carrying on business by virtue of an arrangement under which he purchased a non-exclusive licence to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Other | 124 | |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | parties pursued their own interests | 129 |
General Motors Acceptance Corp. of Canada Ltd. v. The Queen, 2000 DTC 1844 (TCC)
The taxpayer purchased conditional sales contracts from Canadian General Motors franchise dealer and was reimbursed by General Motors of Canada...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | 42 | |
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | 162 |
Carter v. R., 99 DTC 585, [1999] 2 CTC 2553 (TCC)
In order to implement an income splitting strategy, the taxpayer opened up trading accounts with brokerage firms which were guaranteed by his wife...
Mickleborough v. The Queen, 99 DTC 47, [1998] 4 CTC 2584 (TCC)
A flow-through share agreement between the taxpayer and a mining company established an agency relationship for the purpose of incurring CEE on...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - Canadian exploration expense - Paragraph (f) | 68 |
Otineka Development Corp. Ltd. v. The Queen, 94 DTC 1234, [1994] 1 CTC 2424 (TCC)
Before going on to find that a corporation owned by an Indian band did not earn income as agent for the band, Bowman TCJ. stated (p. 1236):
"Where...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(d) | 121 | |
| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(l) | distributable cash was lent to band member and written off | 102 |
| Tax Topics - Statutory Interpretation - Similar Statutes/ in pari materia | 98 |
Schultz v. The Queen, 93 DTC 953, [1993] 2 CTC 2409 (TCC)
A wife was found not to have engaged in transactions (which were part of an arrangement for income splitting with her husband) as agent for her...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(3) | 63 |
Transport Desgagnés Inc. v. Minister of National Revenue, 91 DTC 270, [1991] 1 CTC 2073 (TCC)
Lamarre Proulx TCJ. accepted evidence that the taxpayer had received income under contracts as mandatary for its wholly-owned subsidiary.
Cmmers. v. Bollinger, 88-1 U.S.TC 83:513 (U.S.S.C.)
The individual shareholder of a nominee corporation holding title to real estate was treated for U.S. tax purposes as the beneficial owner of the...
Firestone Tyre & Rubber Co. Ltd. v. Lewellin (1957), 37 TC 111 (HL)
The Court affirmed a finding that sales by the taxpayer, which was a U.K. special-purpose manufacturing subsidiary of a U.S. corporation, were...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 2 - Subsection 2(3) - Paragraph 2(3)(b) | manufacturing trade exercised in UK notwithstanding place of distributorship contracts | 165 |
Commentary
As an agent carries on its activities on behalf of its principal, those acts represent business activity of its principal (see Baxter) and give...