Cases
Morguard Corporation v. Canada, 2013 DTC 5009 [at 5554], 2012 FCA 306
The taxpayer negotiated a support agreement with another public corporation ("Acanthus"), which agreed to pay the taxpayer a "break fee" of $4.7...
Canada v. Johnson, 2013 DTC 5004 [at 5515], 2012 FCA 253
The taxpayer realized gains of $1.3 million from periodically placing funds with a rogue ("Lech") who, it was later discovered, had not invested...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | failure to seek confirmatory independent advice | 204 |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | contractual payments derived from Ponzi scheme were income | 263 |
2529-1915 Québec Inc. v. Canada, 2009 DTC 5023 [at 5585], 2008 FCA 398
Overview of facts. The two individual taxpayers devised a scheme to: generate artificial capital gains of $110 million in some home-grown...
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|---|---|---|
| Tax Topics - General Concepts - Sham | capital dividend elections for distributions of what should have been known to be income-account gains were shams | 266 |
| Tax Topics - General Concepts - Tax Avoidance | capital dividend elections for distributions of what should have been known to be income-account gains were shams | 266 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | shares premiums received for marketing tax scheme were business income | 213 |
| Tax Topics - Income Tax Act - Section 83 - Subsection 83(2) | capital dividend elections for distributions of what should have been known to be income-account gains were shams | 718 |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | shares acquired for immediate resale as part of capital dividend account generation scheme were on income account | 177 |
Manrell v. Canada, 2003 DTC 5225, 2003 FCA 128
Consideration received by the taxpayer for giving a non-compete covenant on the sale of shares of companies owned by him directly or through...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property | "property" entails an exclusive right | 147 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 35 | |
| Tax Topics - Statutory Interpretation - Legislative History | 57 | |
| Tax Topics - Statutory Interpretation - Other/Conflicting Statutes | foreign statutory context different | 78 |
Bellingham v. The Queen, 96 DC 6075 (FCA)
"Additional interests" received for the expropriation of land held on income account was a tax-free receipt because it was, in substance, similar...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 29 |
The Queen v. TCG International Inc., 96 DTC 6547 (FCTD)
In finding that the decision of the Court of Appeal in the Ikea case established that a tenant inducement payment received by the taxpayer was...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | tenant inducement | 104 |
Harrowston Corp. v. The Queen, [1997] 1 CTC 101, 96 DTC 6544
The taxpayer's entitlement under s. 215(6) in respect of non-resident withholding tax that it had failed to deduct from interest payments made to...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(i) | tax refund not income | 65 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | recovery of non-deductible amount | 65 |
Winemaker v. The Queen, 96 DTC 6040 (FCA)
In affirming the finding of the Toronto judge that a "gift" received by a practising solicitor in order induce him to act in connection with a...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | gift rceeived in course of business | 92 |
The Queen v. Remington, 94 DTC 6549, [1995] 1 CTC 9 (FCA)
The taxpayer, who through various companies was engaged in real estate - related activities, requested a $900,000 inducement in offering to lease...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 147 |
R. v. Fogazzi, 93 DTC 5183, [1993] 2 CTC 319 (Ont CA)
Funds received for investment by the accused from his Italian relatives were found to have been misappropriated by him in connection with a...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 69 |
Johnson & Johnson Inc. v. The Queen, 92 DTC 6373, [1992] 2 CTC 86 (FCTD)
A federal sales tax refund was taxable income given that the receipt was linked to the taxpayer's income-earning process (the price at which the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 54 |
Suzy Creamcheese (Canada) Ltd. v. The Queen, 92 DTC 6291, [1992] 1 CTC 242 (FCTD)
Leasehold inducements or allowances which a company in the retail women's clothing business received from landlords in connection with opening up...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 62 |
The Queen v. Rumack, 92 DTC 6142, [1992] 1 CTC 57 (FCA)
A "cash for life" lottery of $1,000 per month won by the taxpayer which was funded through the purchase by the Ontario Association for the...
Inshore Investments Ltd. v. The Queen, 92 DTC 6162, [1992] 1 CTC 189 (FCTD)
A written agreement between the taxpayer (a venture capital corporation) and another corporation ("Taiga") provided for the sale by the taxpayer...
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| Tax Topics - Income Tax Act - Section 68 | 126 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 105 |
Kay v. Coffin, 91 DTC 5350, [1991] 2 CTC 154 (Ont HCJ.)
Description of a structured settlement on which Revenue Canada had favourably ruled.
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 14 |
Woodward Stores Ltd. v. The Queen, 91 DTC 5090, [1991] 1 CTC 233 (FCTD)
The taxpayer, which was a well-known general merchandiser operating 24 department stores in Western Canada, negotiated and received "fixturing...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | tax-free fixturing allowances | 85 |
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) | 68 |
Balanko v. MNR, 88 DTC 6228, [1988] 1 CTC 317 (FCTD)
The gains of an inveterate gambler were not taxable. A statement of Judge Bonner was adopted that "there is a total absence of any evidence here...
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| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | 47 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 43 |
French Shoes Ltd. v. The Queen, 86 DTC 6359, [1986] 2 CTC 132 (FCTD)
The taxpayer, which operated 22 shoe stores in various leased premises, was found to negotiate leases as a very important part of its business. A...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 79 | |
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) | 38 |
R. v. Christensen, 83 DTC 5359 (BCSC)
Proceeds from the operation of an illegal bookmaking business were income.
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 13 |
The Queen v. Cranswick, 82 DTC 6073, [1982] CTC 69 (FCA)
It was held that an amount of $3.35 per share, which the majority shareholder of a company voluntarily paid in cash to shareholders of that...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Dividend | 58 | |
| Tax Topics - Income Tax Act - Section 3 | 236 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 103 |
The Queen v. Audet, 78 DTC 6554, [1978] CTC 788 (FCTD)
An amount of $8,000 earned by the individual taxpayer as a fee for guaranteeing a loan of $50,000 made to his friends constituted income from a...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 27 |
Alberta Gas Trunk Line Co. Ltd. v. Minister of National Revenue, [1972] S.C.R. 498, 71 DTC 5403, [1971] CTC 723
Gas transportation contracts under which the taxpayer was entitled to receive payments in U.S. dollars from shippers of natural gas were...
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Foreign Exchange | 87 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 75 |
Philp v. MNR, 70 DTC 6237, [1970] CTC 330 (Ex Ct)
The Oshawa Group pursuant to a sales incentive program paid the costs of a six-day excursion to the Bahamas of a partner ("Bermack") in a firm...
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| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | sales incentives paid to 3rd-party employees were taxable benefits | 129 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 134 | |
| Tax Topics - Income Tax Act - Section 9 - Nature of Income | incentive trip to Bahamas | 134 |
MNR v. Eldridge, 64 DTC 5338, [1965] 1 Ex. C.R. 758, [1964] CTC 545
The taxpayer, the operator of an unlawful call girl business, was entitled to deduct the expenses incurred in earning the profits of that business...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 79 |
See Also
Hakki v. Secretary of State for Work and Pensions & Anor, [2014] BTC 22, [2014] EWCA Civ 530
The question of whether the appellant was obligated to pay child support maintenance out of his poker winnings turned on whether, under the Social...
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| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | careful and successful poker playing was not a trade or business | 132 |
Versteegh Ltd & Ors v. Commissioners, [2013] UKFTT 642 (TC)
One company in a group of UK companies (the "Lender") made a loan to a subsidiary (the "Borrower"). The loan terms obligated the Borrower to...
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | required transfer of value between subs not a benefit | 202 |
Bégin v. The Queen, 2012 DTC 1111 [at 3061], 2012 TCC 18 (Informal Procedure)
The taxpayer, an insurance salesman, purchased life insurance policies on himself and several family members, seeking to earn sales commissions in...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(h) | 106 |
Peek v. The Queen, 2007 DTC 602, 2007 TCC 152
Sums which the taxpayer obtained fraudulently through a cheque kiting operation were income from a business given the frequency (several cheques...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | material unreported profits | 22 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 29 |
Leblanc v. The Queen, 2007 DTC 307, 2006 TCC 680
The two taxpayers, who together won over $5.5 million during a four year period from playing sports lottery parlay games, were found to not be...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | winnings on internet gaming were non-taxable | 151 |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | compulsive gamblers rather than professionals | 151 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 151 |
Pellerin c. La Reine, 2006 DTC 3341, 2006 TCC 383 (Informal Procedure)
Amounts received by the taxpayer from her son while he was suffering partial, permanent incapacity from a traffic accident did not represent...
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| Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) | amounts received from accident-victim son in mother's care were not income to her | 50 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 50 |
Rocovitis v. Dominion of Canada General Insurance Co. (2005), 63 OR (3d) 402 (CA)
An exclusion in an insurance policy for loss resulting from engaging in a "trade, profession or occupation" did not apply to an individual doing...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | 44 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 44 |
656203 Ontario Inc. v. The Queen, 2003 DTC 405, 2003 TCC 264
The taxpayer had failed to show that the allocation of the Minister of amounts received by it in settlement of two actions brought against its...
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| Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition | 129 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 129 |
Ipsco Inc. v. The Queen, 2002 DTC 1421 (TCC)
A lump sum which the taxpayer received in settlement of an action it brought because a "quench and temper" pipe treatment system that had been...
C.I.R. (New Zealand) v. Wattie & Anor., [1998] BTC 438 (PC)
Before going on to find that a lump sum received by an accounting firm in consideration for entering into a lease of office premises was a capital...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 61 |
Frank Beban Logging Ltd. v. R., 98 DTC 1393, [1998] 2 C.T.C. 2493 (TCC)
A gratuitous lump sum payment made by the B.C. government to the taxpayer to compensate the taxpayer for having banned logging in the area in...
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 41 |
Fortino v. R., 97 DTC 55, [1997] 2 CTC 2184 (TCC), briefly aff'd on procedural grounds 2000 DTC 6060 (FCA)
Lump sums received by individual vendors of shares in consideration for their entering into non-competition agreements with the purchaser were...
Murray Barrett Ltd. v. MNR, 94 DTC 1886, [1994] 1 CTC 2880 (TCC)
A lump sum received by the taxpayer in settlement of a claim against a solicitor for professional negligence was an exempt capital receipt.
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| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 25 |
Campbell v. MNR, 92 DTC 1855, [1992] 2 CTC 2256 (TCC)
A self-employed individual who provided Christian teachings at three evening sessions per week received offerings given at these sessions and...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 90 |
Buckman v. MNR, 91 DTC 1249, [1991] 2 CTC 2608 (TCC)
Funds misappropriated by a solicitor were income to him.
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 11 |
Molony v. MNR, 90 DTC 1394, [1990] 1 CTC 2570 (TCC)
The taxpayer was not in the business of gambling. His trait placed him "on the road to certain financial ruin" and, accordingly, he had no...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 31 |
IRC v. Aken, [1990] BTC 352 (C.A.)
Profits from prostitution were subject to charge under Schedule D. There was no evidence that such profits represented earnings from an illegal...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 25 |
Potvin v. MNR, 90 DTC 1644 (TCC)
The taxpayers, who managed two large apartment buildings and lived in one of the suites on a rent-free basis, realized an income benefit equal to...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 39 |
Hall v. MNR, 90 DTC 1431 (TCC)
The taxpayer received a subsidy in order to render a piece of land suitable for the cultivation of blueberries and not with respect to the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 58 |
Mackenzie v. Arnold (1952), 33 TC 363 (C.A.)
Royalties received by the taxpayer after becoming a U.K. resident that were in respect of novels that the taxpayer wrote while he was a...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Copyright | 54 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 54 |
Commissioner of Income Tax (Queensland) v. The Bank of New South Wales (1913), 16 C.L.R. 504 (HC of A.)
A bank issued shares at a premium of £5 per share and for accounting purposes credited the amount of the cash premium received to its profit and...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 69 |
Higgs v. Olivier (1952), 33 TC 136 (C.A.)
After the filming of Henry V was completed, the film company experienced initial difficulties in promoting the film and determined that it would...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | 81 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 129 |
Minister of Finance v. Smith, [1927] A.C. 193 (PC)
A reference was made to the Judicial Committee as to whether it was lawful for Canada to impose tax under the Income War Tax Act on the profits of...
Administrative Policy
2 March 2011 External T.I. 2010-0377321E5 F - Jeux de hasard sur Internet
Respecting winnings of an individual from daily gambling at an internet casino, CRA stated, after discussion inter alia Leblanc:
[W]here a given...
S3-F6-C1 - Interest Deductibility
1.96 Loan issuance premium. "Where the borrowed money constitutes stock-in-trade for taxpayers in the financing business (for example,...
7 May 2014 Ministerial Correspondence 2014-0525991M4 - Tax Treatment of Monetary Inheritances
Most gifts and inheritances are exempt.
21 August 2014 Internal T.I. 2014-0542121I7 - Payments from the province of BC
The proposed Temporary Parental Educational Support payments would be provided by the B.C. government to parents of children in kindergarten...
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| Tax Topics - Income Tax Act - Section 63 - Subsection 63(1) - Paragraph 63(1)(d) | parent compensation for teachers' strike | 160 |
18 August 2014 External T.I. 2014-0528171E5 - Condominium Corporations and 149(1)(l)
A condominium corporation (the "Corporation") enters into a leasing agreement with a solar company, which would lease several roofs within the...
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| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(l) | condominium solar revenue treated as members' income | 250 |
15 July 2014 Internal T.I. 2014-0527761I7 - Macau Wealth Sharing Scheme
Macau Wealth Sharing Scheme payments from the Macau Special Administrative Region (i.e., in 2013, payments of MOP$ 8,000 for permanent residency...
8 July 2013 Internal T.I. 2012-0472651I7 F - Crédit pour l'embauche par les petites entreprises
A taxpayer who does not carry on a business and who hires and remunerates employees such as a home care worker, a gardener, a maid, a housekeeper...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 118.2 - Subsection 118.2(3) - Paragraph 118.2(3)(b) | small business job credit received for personal-care workers was “reimbursement” | 131 |
| Tax Topics - Income Tax Act - Section 118.2 - Subsection 118.2(2) - Paragraph 118.2(2)(b.1) | single service does not qualify as attendant care | 74 |
28 March 2014 External T.I. 2013-0514361E5 - XXXXXXXXXX pension
Life-time payments received by individuals which were set up by a Foundation out of lump sum payments were non-taxable as they were received as...
23 April 2014 Ministerial Correspondence 2014-0522731M4 - Lottery Commissions
Since January 1, 2014, lottery ticket retailers must include in their income the amount or value of any prize they receive in a year from a...
25 October 2013 External T.I. 2013-0508971E5 - Crowdfunding
Amounts received through crowdfunding might be loans, capital contributions, gifts, income, or a combination thereof. Their treatment would...
8 October 2013 External T.I. 2011-0428931E5 F - Assurance-invalidité
Facts
As a condition to making a loan to finance the purchase by a corporation of a building, a financial institution required that the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | non-deductibility of disability insurance premiums | 385 |
16 August 2013 External T.I. 2013-0484941E5 - Crowdfunding
In finding that "crowdfunding" receipts were generally taxable, CRA stated:
The specific scenario outlined in your letter involves a project such...
12 March 2012 External T.I. 2011-0425361E5 F - Assistance paid by franchisor
A franchisor organizes a contest which is restricted to franchisees. Awards received by a franchisee would be considered to be non-governmental...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | contest awards paid to franchisees includible under s. 12(1)(x) if not under s. 9 | 117 |
28 February 2005 External T.I. 2004-0108551E5 - Disability Insurance Through a Professional Assoc.
"Where an insurance policy, including one purchased through a professional association, provides the self-employed taxpayer with a benefit for...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(h) | 74 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 74 |
17 February 2005 External T.I. 2004-0104731E5 - Disability Income Insurance
"Where a Policy, purchased directly from an insurance company or indirectly through a professional association, provides an Individual, carrying...
3 March 2004 Internal T.I. 2004-0061781I7 F - Engagement de non-concurrence
In finding that consideration received by a corporation for a non-compete covenant given by it on the sale of one of its two businesses gave rise...
14 November 2000 External T.I. 2000-0052925 - DAMAGES-BREACH OF CONTRACT
Damage awards for defamation generally are non-taxable.
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|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 9 |
30 November 1996 Ruling 9709133 - TAXABILITY OF GENERAL DAMAGES
Damages to be received by a resigning employee in respect of her sexual harassment claim and in respect of a claim for malicious prosecution,...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Retiring Allowance | 76 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 76 |
9 September 1994 Internal T.I. 9421957 - DEDUCTIBILITY OF DEEP DISCOUNTS AS INTEREST AND IT-114
The main concerns respecting IT-114 related to paragraph 3 (respecting whether a discount is interest) and paragraph 29 (respecting whether the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 92 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 29 |
15 August 1994 External T.I. 9412805 - STRUCTURED SETTLEMENTS
RC has favourably ruled where a casualty insurer has, with the consent of the claimant, assigned all liability under a settlement agreement with...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 63 |
14 June 1994 Internal T.I. 9413947 - VOLUNTARY PAYMENTS TO A PRIEST
A retired Catholic priest who is requested by former parishioners to conduct masses on special occasions and, after conducting the mass, may...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 55 |
13 June 1994 External T.I. 9335135 - TAXATION OF SETTLEMENT PROCEEDS
Damages received from a taxpayer's financial advisors as a result of the overpayment of income taxes attributable to inappropriate advice on their...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 73 |
4 February 1993 T.I. (Tax Window, No. 29, p. 20, ¶2435)
Proceeds of an accidental death and dismemberment insurance policy received by a corporation in respect of directors or shareholders will not be...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 25 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 28 |
29 January 1993 T.I. 9200395 (Tax Window, No. 27, p. 1, ¶2360)
Where a casualty insurer acquires an annuity contract to fund a series of periodic payments to compensate an injured party for lost income and...
22 January 1993 T.I. 9203635 (Tax Window, No. 27, p. 1, ¶2360)
A structured settlement agreement that provides for balloon payments which the injured person can elect in the future to take either as a lump sum...
12 October 1992 External T.I. 5-922359
"The Department's position is that in general a taxpayer should apply generally accepted accounting principles ("GAAP") in determining profit...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.1) | 61 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 66 |
31 July 1992 External T.I. 5-911918
Amounts received as guarantee fees ordinarily are taxable on income account.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss | 36 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 13 |
4 May 1992 TI 920636
Benefits received by the individual partners of a partnership for loss of their income earning capacity under a long-term disability plan would...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(h) | 32 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 68 |
16 March 1992 T.I. (Tax Window, No. 18, p. 15, ¶1807)
If a structured settlement meets all the conditions set out in IT-365R2, paragraph 5, the periodic payments received would be accepted as being...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 34 |
11 October 1991 T.I. (Tax Window, No. 11, p. 23, ¶1521)
Disaster relief is not required to be included in the income of a recipient who has no legal entitlement to the relief or who received the relief...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 49 |
19 and 22 February 1991 T.I. (Tax Window, Prelim. No. 3, p. 14, ¶1124)
RC has recently issued a favourable advance tax ruling concerning a structured settlement that involved the assignment of a settlement...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 53 |
ATR-40 (18 March 1991) "Structured Settlements"
Description of the non-taxable receipt of periodic payments for damages in a personal injury case.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 3 | 15 | |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(d) | 0 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 15 |
31 May 1990 T.I. (October 1990 Access Letter, ¶1468)
1% of the price paid to the vendor of a winning lottery ticket under Lotto-Québec would be not taxable to the vendor.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account | 31 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 24 |
3 May 1989 Directive ASG-89-18 (June 1990 Access Letter, ¶1289)
Third party recipients, including foster parents in group home operators, of social assistance payments must include such payments in income under...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 34 |
14 December 89 T.I. (May 1990 Access Letter, ¶1201)
Pre-judgment interest received by a taxpayer pursuant to the settlement of a wrongful dismissal action is not included in income.
19 September 89 T.I. (February 1990 Access Letter, ¶1102)
Amounts paid by an insurer under a disability insurance policy are not taxable to the recipient (a business man).
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | 43 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 21 |
88 C.R. - F.Q.4
Where a self-employed individual travelling on business has claimed a business expense for the cost of an airline ticket under the frequent flyer...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 39 |
86 C.R. - Q.7
The French Shoes case has not altered the position in IT-359R2, paragraph 9.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 13 |
9 November 1981 TI 5-3119
Proceeds received under a key man disability insurance policy (as contrasted to a key man life insurance policy) would not flow into the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 38 |
IT-114 — Discounts, premiums and bonuses on debt obligations
29. The amount of a premium on the issue of an obligation is included in computing income of the issuer where he is in the business of lending...
Articles
Benjamin Alarie, "The Taxation of Winnings from Poker and Other Gambling Activities in Canada", 2011 Canadian Tax Journal, Vol 59, p. 731, at p. 757
"Only when a taxpayer as established a clear and consistent record of accomplishment in poker will there be sufficient evidence to take the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | 44 |
Lewis, "The Taxation of Structured Settlements", British Tax Review, 1994, No. 1, p. 19
A discussion of authorities supporting the position of Inland Revenue that the full amount of payments under a structured settlement are...