Words and Phrases - "surrogatum principle"
6 July 2005 External T.I. 2005-0123311E5 F - paiement à employé pour règlement d'un litige
amount received as compensation for tax on s. 7 benefit that was realized but never available to the employee was a s. 6(1)(a) benefit
An employee was requested by his employer to exercise stock options (giving rise to a s. 7(1)(a) benefit of $5 per share, equaling the $10 FMV of...
Words and Phrases
surrogatum principleScott v. The Queen, 2017 TCC 224
surrogatum principle references "why the compensatory amount was paid," and not confined to business receipts
In 1980, Nortel had established a health and welfare trust (the “HWT”) for its employees. Following its insolvency and filing under the CCAA...
Words and Phrases
surrogatum principleScott v. The Queen, 2017 TCC 224
Summary Under
Tax Topics - Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(a) - Subparagraph 56(1)(a)(iii)payment made as compensation for termination of monthly death benefits was paid, at the least, in lieu of a death benefit
In 1980, Nortel had established a health and welfare trust (the “HWT”) for its employees. Following its insolvency and filing under the CCAA...
Goff Construction Limited v. Canada, 2009 DTC 5755, 2009 FCA 60
compensation, re capital expenditure that was deemed on income account, was income receipt
The taxpayer incurred expenses in obtaining a reversal of most of the costs that the Ontario Municipal Board had awarded against it. These...
Words and Phrases
surrogatum principleTsiaprailis v. Canada, 2005 DTC 5119, 2005 SCC 8, [2005] 1 S.C.R. 113
payment in settlement of disability arrears was taxable under surrogatum principle as being "pursuant to" the plan
The taxpayer received a lump sum payment of $105,000 in settlement of her claim for wrongful termination of her long-term disability benefits....