• Skip to main navigation
  • Skip to main content
  • Skip to footer
Loukidelis PC

Loukidelis PC

Effective. Accessible. Responsive

  • Services
  • About
  • LPC Notes
  • Articles
  • Privacy Policy
  • Contact Us
  • Disclaimer
  • Skip to menu toggle button

LPC Notes (page 17)

Economic dependence

Posted on: August 12, 2022 Last updated on: August 12, 2022 Written by: John Loukidelis
In Keybrand Foods Inc. v R, 2020 FCA 201, the Court held that economic dependence was a factor to consider in determining whether parties dealt not at arm’s length as a matter of fact. The CRA gave the following as…
Continue reading “Economic dependence”…

Due diligence

Posted on: August 12, 2022 Last updated on: August 10, 2022 Written by: John Loukidelis
What is due diligence for the purposes of a penalties that apply “automatically” such as under subsection 167(2)? Due diligence depends on whether the person believed on reasonable grounds in a non-existent state of facts which, if it had existed,…
Continue reading “Due diligence”…

A Voluntary Disclosure Gone Wrong

Posted on: August 11, 2022 Last updated on: August 4, 2022 Written by: John Loukidelis
The following article was published by the Canadian Tax Foundation. John Loukidelis “A Voluntary Disclosure Gone Wrong” (2021) 21:3 Tax for the Owner-Manager 10. In 4053893 Canada Inc. v. Canada (National Revenue) (2021 FC 218), the court dismissed an application…
Continue reading “A Voluntary Disclosure Gone Wrong”…

Crypto situs

Posted on: August 10, 2022 Last updated on: February 17, 2023 Written by: John Loukidelis
While the UK Inland Revenue is prepared to treat cryptocurrency as property with a situs in the country of residence of its holder, the CRA has stated that it is still reviewing the matter (2021-0896021C6 – answer to question 11…
Continue reading “Crypto situs”…

Section 160 and 50-50 shareholders

Posted on: August 9, 2022 Last updated on: August 9, 2022 Written by: John Loukidelis
The appellant in Veilleux c R, 2022 CCI 69, was one of two unrelated individuals who were the 50/50 shareholders and only directors of Opco. The CRA assessed the appellant under section 160 for Opco’s unpaid tax debts in respect…
Continue reading “Section 160 and 50-50 shareholders”…

No rollover to alter ego trust with bankruptcy provision

Posted on: August 9, 2022 Last updated on: August 9, 2022 Written by: John Loukidelis
The CRA says that a rollover under subsection 73(1) is not available for an individual’s transfer of property to a trust supposedly governed by subparagraph 73(1.01)(c)(ii) (an “alter ego” trust) if the trust provisions prohibit the distribution of income to…
Continue reading “No rollover to alter ego trust with bankruptcy provision”…

Corporate appellants need lawyers

Posted on: August 4, 2022 Last updated on: August 4, 2022 Written by: John Loukidelis
The following article was published by the Canadian Tax Foundation. “John Loukidelis, “Corporate Appellants Need Lawyers” (2021) 21:2 Tax for the Owner-Manager 13-14″ In Canada v. BCS Group Business Services Inc. (2020 FCA 205), the FCA held that a lawyer…
Continue reading “Corporate appellants need lawyers”…

Corporate incest

Posted on: July 26, 2022 Last updated on: July 26, 2022 Written by: John Loukidelis
The following article was first published by the Canadian Tax Foundation in 2022 vol 22, no 2, Tax for the Owner-Manager (April, 2022) Suppose that, after an estate freeze, Mr. X owns all of the freeze shares and thin-voting shares…
Continue reading “Corporate incest”…

55(2) and T5s

Posted on: July 18, 2022 Last updated on: July 18, 2022 Written by: John Loukidelis
Opco pays a dividend to Holdco, and part of the dividend is re-characterized as a capital gain under subsection 55(2). Does that affect the amount of the dividend reported on the T5 for the dividend? I have not been able…
Continue reading “55(2) and T5s”…

Paletta: The Pursuit of Profit

Posted on: June 23, 2022 Last updated on: July 18, 2022 Written by: John Loukidelis
The author writes: Based on the Tax Court’s finding that Paletta’s trading activity was carried on solely for tax purposes without any pursuit of profit, the FCA concluded that Paletta’s trading activity could not constitute a source of business income,…
Continue reading “Paletta: The Pursuit of Profit”…
« Previous page 1 … 15 16 17 18 19 … 109 Next page »

Archives

Categories

Recent notes

Post-mortem bumps and capital dividends paid from life insurance

Bump room is determined by the ACB of the target corporation’s shares minus the net tax cost of the underlying assets and the amounts in ITA subparagraph 88(1)(d)(i.1), which include taxable dividends and capital dividends. Accordingly, a target corporation that…
Continue reading “Post-mortem bumps and capital dividends paid from life insurance”…

IBTs and the 88(1)(d) bump

In an intergenerational business transfer (IBT), the purchaser does not generally acquire control of the targetco for the purposes of the rule in ITA paragraph 88(1)(d.2). As a result, the tax cost of the eligible assets of targetco likely cannot…
Continue reading “IBTs and the 88(1)(d) bump”…

No obligation to correct past errors

The CRA believes that a tax adviser should takes steps to ensure their clients correct past errors (I01-1R2 (February 17, 2026), paras. 116-117), but neither the Income Tax Act nor the Excise Tax Act impose such a duty. Other statutes…
Continue reading “No obligation to correct past errors”…

Timing of receipt of dividend on redemption

Under subsection 84(3) of the Income Tax Act (Canada) (the “Act”), where a corporation resident in Canada has redeemed, acquired or cancelled in any manner whatever … any of the shares of any class of its capital stock, (a) the…
Continue reading “Timing of receipt of dividend on redemption”…

GLGI appeals to be struck?

In Kelly v R, 2026 TCC 53, Justice Graham has given multiple taxpayers until April 24, 2026, to provide written submissions on why their appeals should not be struck without a hearing “for abusing this Court’s process”. The taxpayers were…
Continue reading “GLGI appeals to be struck?”…

Recent Posts

Post-mortem bumps and capital dividends paid from life insurance

Bump room is determined by the ACB of the target corporation’s shares minus the net tax cost of the underlying assets and the amounts in ITA subparagraph 88(1)(d)(i.1), which include taxable dividends and capital dividends. Accordingly, a target corporation that…
Continue reading “Post-mortem bumps and capital dividends paid from life insurance”…

IBTs and the 88(1)(d) bump

In an intergenerational business transfer (IBT), the purchaser does not generally acquire control of the targetco for the purposes of the rule in ITA paragraph 88(1)(d.2). As a result, the tax cost of the eligible assets of targetco likely cannot…
Continue reading “IBTs and the 88(1)(d) bump”…

No obligation to correct past errors

The CRA believes that a tax adviser should takes steps to ensure their clients correct past errors (I01-1R2 (February 17, 2026), paras. 116-117), but neither the Income Tax Act nor the Excise Tax Act impose such a duty. Other statutes…
Continue reading “No obligation to correct past errors”…

Timing of receipt of dividend on redemption

Under subsection 84(3) of the Income Tax Act (Canada) (the “Act”), where a corporation resident in Canada has redeemed, acquired or cancelled in any manner whatever … any of the shares of any class of its capital stock, (a) the…
Continue reading “Timing of receipt of dividend on redemption”…

GLGI appeals to be struck?

In Kelly v R, 2026 TCC 53, Justice Graham has given multiple taxpayers until April 24, 2026, to provide written submissions on why their appeals should not be struck without a hearing “for abusing this Court’s process”. The taxpayers were…
Continue reading “GLGI appeals to be struck?”…

Archives

Categories

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

About this site

Click here for an important disclaimer about this site.

Archives

Categories

Recent Posts

Post-mortem bumps and capital dividends paid from life insurance

Bump room is determined by the ACB of the target corporation’s shares minus the net tax cost of the underlying assets and the amounts in ITA subparagraph 88(1)(d)(i.1), which include taxable dividends and capital dividends. Accordingly, a target corporation that…
Continue reading “Post-mortem bumps and capital dividends paid from life insurance”…

IBTs and the 88(1)(d) bump

In an intergenerational business transfer (IBT), the purchaser does not generally acquire control of the targetco for the purposes of the rule in ITA paragraph 88(1)(d.2). As a result, the tax cost of the eligible assets of targetco likely cannot…
Continue reading “IBTs and the 88(1)(d) bump”…

No obligation to correct past errors

The CRA believes that a tax adviser should takes steps to ensure their clients correct past errors (I01-1R2 (February 17, 2026), paras. 116-117), but neither the Income Tax Act nor the Excise Tax Act impose such a duty. Other statutes…
Continue reading “No obligation to correct past errors”…

Timing of receipt of dividend on redemption

Under subsection 84(3) of the Income Tax Act (Canada) (the “Act”), where a corporation resident in Canada has redeemed, acquired or cancelled in any manner whatever … any of the shares of any class of its capital stock, (a) the…
Continue reading “Timing of receipt of dividend on redemption”…

GLGI appeals to be struck?

In Kelly v R, 2026 TCC 53, Justice Graham has given multiple taxpayers until April 24, 2026, to provide written submissions on why their appeals should not be struck without a hearing “for abusing this Court’s process”. The taxpayers were…
Continue reading “GLGI appeals to be struck?”…

© Loukidelis Professional Corporation