Cases
Minet Inc. v. R., 98 DTC 6364, [1998] 3 CTC 352 (FCA)
Because the taxpayer (which conducted its business in Montreal) was not licensed to carry on an insurance brokerage business in a number of the...
Leonard Pipeline Contractors Ltd. v. R., 98 DTC 6134, [1998] 2 C.T.C. 399 (FCTD)
On the purchase of a business, the taxpayer agreed with the vendor that the vendor would share in the proceeds of a joint venture agreement. The...
The Queen v. Foothills Pipe Lines (Yukon) Ltd., 90 DTC 6607, [1990] 2 CTC 448 (FCA)
The taxpayer, which had incurred various expenses in respect of the second phase of a pipeline project which had not yet been constructed, was...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(e) | 139 | |
| Tax Topics - Income Tax Act - Section 9 - Accounting Principles | 95 |
Ablan Leon (1964) Ltd. v. MNR, 76 DTC 6280, [1976] CTC 506 (FCA)
All the income received by the corporate taxpayer was its income, notwithstanding that - given a finding that a limited partnership which...
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| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | 79 | |
| Tax Topics - Income Tax Act - Section 96 | 31 | |
| Tax Topics - Statutory Interpretation - Provincial Law | 101 |
Perrault v. The Queen, 76 DTC 6021, [1976] CTC 65 (FCTD), aff'd 78 DTC 6272, [1978] CTC 395 (FCA)
The jurisprudence as well as departmental practice relating to waiver of dividends has established a clear distinction between the acceptance of...
Wipf v. The Queen, 75 DTC 5034, [1975] CTC 79 (FCA), aff'd 76 DTC 6059, [1976] CTC 57 [1970] S.C.R. 958
The taxpayers were members of Hutterian colonies whose profits from farming belonged to trustees, or to corporations limited by guarantee. Since...
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 - Exempt Receipts/Business | incentive trip to Bahamas | 134 |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 134 |
Minister of National Revenue v. Atlantic Engine Rebuilders Ltd., 67 DTC 5155, [1967] CTC 230, [1967] S.C.R. 477
The taxpayer was in the business of rebuiliding Ford engines, which it sold to Ford dealers. In order to secure a regular supply of rebuildable...
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| Tax Topics - Income Tax Act - Section 9 - Timing | deposits returned if future supply | 152 |
Premium Iron Ores Ltd. v. Minister of National Revenue, 66 DTC 5280, [1966] CTC 391, [1966] S.C.R. 685
A mining company ("Steep Rock") appointed the taxpayer as its exclusive agent for the sale of iron ore to be mined from the deposit under Steep...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | legal exepnses incurred in challenging US assessments - deductible | 144 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees | 100 |
MNR v. Gault, 65 DTC 5157, [1965] CTC 261 (Ex Ct)
An agreement dated 21 March 1960 between the estate of an insurance agent ("Bulley") and the taxpayer, pursuant to which the estate sold the...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(g) | 77 |
Lloyd Estate v. MNR, 63 DTC 1349 (Ex Ct), briefly aff'd 65 DTC 5031 (SCC)
The taxpayer acquired a mortgage at a discount, and later foreclosed on the mortgage and sold the foreclosed mortgage for a purchase price which...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | bonuses or discounts not interest where market interest coupons | 239 |
| Tax Topics - Income Tax Act - Section 76 | 127 | |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Debt/ receivables | 113 | |
| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | 176 |
Woodward's Pension Society v. The Minister of National Revenue, 62 DTC 1002, [1962] CTC 11, [1962] S.C.R. 224
In rejecting a submission that profits realized by a society incorporated under the Societies Act of British Columbia were not income to it...
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| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(l) | tainting effect of share purchase and resale program with built-in interest-rate spread | 207 |
Minister of National Revenue v. St. Catharines Flying Training School Ltd., 55 DTC 1145, [1955] CTC 185, [1955] S.C.R. 738
Profits earned by the taxpayer under a contract with the Crown for the training of pilots were by virtue of that contract held on terms that...
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| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(l) | profitable contract tainted notwithstanding use of profits | 180 |
Wilson v. Minister of National Revenue, 55 DTC 1065, [1955] CTC 87, [1955] S.C.R. 352
Lands were devised by the testator to the taxpayer on the condition that the taxpayer would pay a monthly annuity to his mother. The lands were...
Canadian Fruit Distributors Ltd. v. MNR, 54 DTC 1145, [1954] CTC 284 (Ex. Ct.)
The taxpayer, which was the subsidiary of a non-profit fruit growers' non-share corporation, agreed with its parent that the parent would pay...
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| Tax Topics - Income Tax Act - Section 111 - Subsection 111(5) - Paragraph 111(5)(a) | sale of fruit and vegetables for third parties and parent was same business | 35 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 76 |
Dominion Taxicab Association v. Minister of National Revenue, 54 DTC 1020, [1954] CTC 34, [1954] S.C.R. 82
The appellant, a taxicab association, entered into contracts with its members when they joined the association under which the member would pay to...
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| Tax Topics - General Concepts - Evidence | 51 | |
| Tax Topics - Income Tax Act - Section 9 - Accounting Principles | 52 | |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Deposits | 73 | |
| Tax Topics - Income Tax Act - Section 9 - Timing | deposit excluded | 78 |
Bouck v. Minister of National Revenue, 52 DTC 1090, [1952] CTC 90, [1952] 2 S.C.R. 17
The will of the taxpayer's late husband directed that the executors pay to the credit of an income account the annual net revenues from a trust...
B & B Royalties, Ltd. v. MNR, [1940-1941] CTC 65 (Ex Ct)
The taxpayer was found to have alienated its interest in a portion of the production of oil and gas from leased lands, or the proceeds of such...
See Also
Victoria Power Networks Pty Ltd v Commissioner of Taxation, [2019] FCA 77
The subsidiaries of the taxpayer, who distributed electricity (the “Distributors”) were required to connect customers even if the present...
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| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | additonal customer connection charges to cover loss were income receipts | 205 |
Howard v. Commissioner of Taxation, [2014] HCA 21
The taxpayer and four others formed a joint venture to acquire, lease and sell a golf course. The taxpayer attempted to have a corporation of...
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| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | damages not received as constructive trustee as not received qua director | 191 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) | agreement assigned rights to proceeds of law suit rather than entitlement under law suit | 344 |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | damages not corporate income as not received qua director | 191 |
Gainor v. The Queen, 2011 DTC 1317 [at 1798], 2011 TCC 442
The taxpayer had been a director of corporation ("Canam") which had been struck from the corporate registry. Unaware of Canam's dissolution, CIBC...
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| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | 174 |
On-Line Finance & Leasing Corporation v. Canada, 2010 DTC 1325 [at 4243], 2010 TCC 475
The taxpayer's business was to facilitate B.C. municipalities in obtaining vehicles and equipment. The taxpayer would borrow funds from the B.C....
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| Tax Topics - General Concepts - Evidence | parol evidence rule applied to Minister | 114 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | 44 |
Wabush Iron Company Limited v. The Queen, 2009 DTC 814, 2009 TCC 239
The taxpayer, which was a member of a joint venture which produced iron pellets, had agreed with its shareholders to sell them its share of the...
Morisset c. La Reine, 2008 DTC 3864, 2006 TCC 483
Chiropractic income earned by a corporation of which the taxpayer was the sole shareholder was income of the taxpayer in light of the prohibition...
Dello v. The Queen, 2003 DTC 788, 2003 TCC 392
A corporation of which the taxpayer was the sole shareholder and director was dissolved for failure to file annual returns in 1984, an application...
Whittles v. Uniholdings Ltd. (No. 3), [1995] BTC 119 (Ch. D.)
In order to lower the effective interest rate payable by it on a loan of £14,056,000, the taxpayer and its bank agreed that at the time the bank...
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | 210 |
Conforbel Canada Ltée, 94 DTC 1190 (TCC)
The taxpayer, which had a cost-plus contract for the performance of construction work, discovered that it had made excess contributions to a...
Hadlee v. C.I.R., [1993] 2 WLR 696 (PC)
The taxpayer, who was a partner in a New Zealand professional accounting firm, assigned 40% of his units to the trustee of a trust for the benefit...
Honeybunch Bakeries (Saskatoon 1975) Ltd. v. MNR, 90 DTC 1549, [1990] 2 CTC 2148 (TCC)
The taxpayer was not required to accrue interest income on an interest-bearing obligation after it had become quite clear that no interest was...
Canpar Holdings Ltd. v. Saskatchewan (Minister of Energy and Mines) (1987), 60 Sask R 128 (C.A.)
The taxpayer, which was the co-owner along with Dome Petroleum of the operating rights to certain mineral properties, agreed to pay a percentage...
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| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) | 77 |
Ages v. MNR, 71 DTC 86 (TAB)
A partnership agreed to lease real estate under a lease that ran for 25 years, that provided for a yearly rental of $27,396 payable in monthly...
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Proceeds of Disposition | 144 |
Morley v. Messrs. Tattersall (1938), 22 TC 51 (CA)
At the end of its relevant fiscal periods a firm of bloodstock auctioneers had on hand unclaimed balances from the auction sale of horses which,...
Administrative Policy
10 May 2001 Internal T.I. 2001-0065697 F - SOCIÉTÉ EXERCANT UNE PROFESSION LIBERALE
The Directorate referred inter alia to Wuslich as authority for its position in IT-189R2, para. 2 that if “the regulatory body for the...
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| Tax Topics - General Concepts - Illegality | where profession is carried on in a corporation contrary to the regulatory requirements, the corporate income is earned by the professional | 73 |
S4-F14-C1 - Artists and Writers
Canada Council grants and Public Lending Rights payments included in artist’s income
1.27 When a taxpayer receives financial assistance in the...
5 October 2018 APFF Roundtable Q. 16, 2018-0768871C6 F - Dépenses de bureau à domicile et d’automobile
Respecting the situation where an independent contractor incurred home office or automobile expense and another person (who might be a spouse)...
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(g) | example of proration of capped s. 13(7)(g) capital cost | 157 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | capital cost of co-ownership interest | 74 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | depreciable property must be owned | 78 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense | payment of expenses of taxpayer by another does not preclude “incurring” by taxpayer | 175 |
28 October 2016 External T.I. 2016-0654331E5 F - Transfer of rights to income
Upon a sale by A of leased land to a non-arm’s length corporation (Corporation A) in which A did not hold any shares, A and Corporation A...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense | where rental lands purchased subject to obligation to pay the rents to vendor, no income inclusion and deduction of the rents by the purchaser under ss. 9 and 18(1)(a) | 89 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) | where rental lands purchased subject to obligation to pay the rents to NAL vendor, s. 56(4) trumps s. 9 to include rents in purchaser’s income | 169 |
| Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) | s. 56(2) could apply to shareholder of purchaser of lands if vendor did not pay FMV consideration for retaining rights to rents | 168 |
30 March 2016 Internal T.I. 2014-0547931I7 F - Voyages offerts par une compagnie
2012-0472211I7 concerned a Canadian company (the “Taxpayer”) that provided free annual trips to southern resorts to high-performing brokers...
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| Tax Topics - Income Tax Regulations - Regulation 200 - Subsection 200(1) | company providing free trips to incorporated sales reps is required to T4A the individuals if they received the trip qua employee (but not shareholder) of their corporation | 174 |
S2-F1-C1 - Health and Welfare Trusts
1.45 ...[P]enalties charged by a health and welfare trust for the late remittance of employer contributions would be considered incidental...
15 September 2014 Internal T.I. 2014-0545001I7 - Grants paid to employers of reservists
Amounts that are received from the Compensation for Employers of Reservists Program by employers of reservists and by self-employed individuals...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | compensation for reservist costs | 40 |
18 December 2013 Internal T.I. 2012-0472211I7 F - Voyages offerts par une compagnie
The corporate "Taxpayer" annually offers an annual free trip to a southern location (perhaps a Caribbean resort) to its associated brokers and...
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| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | Caribbean sales incentive trip provided to incorporated sales reps represents a benefit to them from their corporation | 392 |
| Tax Topics - Income Tax Act - Section 67.1 - Subsection 67.1(2) - Paragraph 67.1(2)(d) | Caribbean sales incentive trip provided to incorporated sales reps excluded if s. 6(1)(a) benefit to them qua employee | 178 |
| Tax Topics - Income Tax Act - Section 67.1 - Subsection 67.1(4) - Paragraph 67.1(4)(b) | Caribbean sales incentive trip is "entertainment" | 175 |
11 October 2013 Roundtable, 2013-0495701C6 F - Financement participatif
For each $25 crowdfunding "donation", an entrepreneur offers a "reward" of $10 cash value to the "donor" (for example, a copy of an album produced...
18 May 2011 Internal T.I. 2010-0380391I7 F - Convention entre des co-propriétaires
Two co-owners of a triplex (the “Taxpayers”) agree that the first Taxpayer can live in one of the units free of rent and that the other...
17 October 2011 External T.I. 2011-0423361E5 F - Loi sur le courtage immobilier
After noting that the Quebec Real Estate Brokerage Act (the “REBA”) required a real estate or mortgage broker carrying on brokerage activities...
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| Tax Topics - General Concepts - Illegality | Quebec real estate brokers can earn their remuneration through a corporation | 155 |
14 March 2011 External T.I. 2010-0382091E5 F - Revenu d'entreprise exploitée activement
A corporation (the "Taxpayer") provides fully furnished housing units (bedding, dishes, television and cable) to victims of disasters such as from...
29 October 2010 External T.I. 2009-0347791E5 F - Somme reçue par une société
A corporation ("Holdco") holding some of the voting shares of a corporation ("Opco") may receive amounts (contingent payments) from a non-resident...
8 February 2010 External T.I. 2009-0337691E5 F - Assurance frais-généraux
The correspondent, who had purchased a disability insurance policy providing for the payment of the monthly overhead expenses incurred in the...
28 September 2010 External T.I. 2010-0357141E5 F - Prix de présence et tirages
An insurance company, which pays commissions to a network of independent brokerage offices, as part of a promotion, organized draws pursuant to...
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| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(a) | promotional prize as income to employee of third party | 155 |
12 June 2009 Internal T.I. 2008-0294921I7 F - Montant reçu à l'égard d'un surplus actuariel
On the sale by the Vendor of one of its business divisions, the employees of that division were transferred to the purchaser, and the assets of...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Superannuation or Pension Benefit | transfer of a pension plan assets and liabilities to the asset purchaser with regulatory approval entailed a plan “modification” rendering actuarial surplus compensation taxable | 292 |
21 November 2008 External T.I. 2008-0279231E5 F - Revenu de commission
Were commissions, received by self-employed workers (financial security advisors) for sales of financial products made to themselves, taxable? ...
6 April 2003 External T.I. 2003-0054461E5 F - Traitement fiscal d'un cadeau
In indicating that an amount described as a “gift” could be business income to the recipient, CRA stated:
…IT-334R2[, para. 4] … states...
26 August 2005 Internal T.I. 2005-0121871I7 F - Assurance-vie commissions reçues par une société
A corporation is engaged in an insurance business. The broker's licence is in the name of the shareholder. The broker takes out a life insurance...
28 October 2002 External T.I. 2002-0117595 F - REVENU EXPERT-COMPTABLE
In the context of a non-profit association employing chartered accountants who provide accounting and tax services to the association’s members,...
29 January 2002 External T.I. 2000-0053605 F - REVENU DES PECHEURS
An individual holding a fishing licence, by agreement with his fishing corporation, received a small percentage of the catch, and his corporation...
6 September 1994 Internal T.I. 9410837 - LIFE INSURANCE COMMISSIONS
A commission received by a salesperson of a life insurance policy on a policy that is owned by her and on which she is obligated to pay the...
18 March 1992 T.I. (Tax Window, No. 18, p. 15, ¶1815)
The difference between the amount of GST collected on taxable sales and the amount of GST required to be remitted under the quick method of...
27 August 1991 Memorandum (Tax Window, No. 8, p. 22, ¶1414)
Where a tenant makes an interest-free loan to a landlord in order to pay less than fair market value rent, a benefit equal to the amount of the...
6 May 1991 T.I. (Tax Window, No. 3, p. 27, ¶1240)
Canadian beneficiaries of a U.K. trust who apply for a refund of 45% U.K. tax to which the trust income was subject, will be treated as earning...
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(7) - Non-Business-Income Tax | 59 |
Articles
John Tobin, "Infrastructure and P3 Projects", 2017 Conference Report (Canadian Tax Foundation), 10:1-31
Distinction between cost-reduction of interim progress payments received and income-account treatment of phase-completion payments (p. 10:9-10)
Commentary
Normally, amounts received by a taxpayer from the customers of its business will be included in the computation of its income, so that if the...