In technical interpretation 2019-0833181E5 (March 15, 2020), the CRA considered when the sale or licensing of digital products could be considered to generate income from a service for the purposes of the TOSI rules. According to the CRA, the download…
Transferee pays debtors non-tax debts
In Brown v R, 2020 TCC 45, the Court considered whether section 160 of the Income Tax Act (Canada) applied where a tax-debtor husband transferred funds to his wife who had agreed to use the funds to pay his credit…
Acknowledgement of a debt
The 10-year limitation period during which the CRA can collect a debt under the Income Tax Act (Canada) is re-started if the debtor “makes a written acknowledgement” of it. The CRA has stated that merely filing an objection or an…
Case law update
The following are my notes on a case law update from Sal Mirandola given at an OBA taxation law presentation on September 22, 2020 (“Advising your clients amidst financial uncertainty: Summer 2020 tax developments”) For the paper, see ~\Knowledge\Seminar materials\2020…
International tax update
The following are my notes on an international tax update from Steven Suarez given at an OBA taxation law presentation on September 22, 2020 (“Advising your clients amidst financial uncertainty: Summer 2020 tax developments”) For the paper, see ~\Knowledge\Seminar materials\2020…
Joint Committee update
The following are my notes on an update from Angelo Nikolakakis given at an OBA taxation law presentation on September 22, 2020 (“Advising your clients amidst financial uncertainty: Summer 2020 tax developments”) For the paper, see ~\Knowledge\Seminar materials\2020 09 22…
Hockey players and fx trading
The Toronto Star is reporting that Darcy Tucker and Shayne Corson of Toronto Maple Leaf fame engaged in foreign exchange trading a reported losses for tax purposes. The CRA is calling the trading activities a “sham” (which doesn’t mean what…
Change of trustee and acquisitions of control
The CRA takes the position that, where a new individual becomes a trustee, a corporation controlled by the trust is controlled by a new group so that there will be an acquisition of control unless one of the exceptions in…
Pipeline Update
The CRA usually requires that an estate wait for at least a year to receive repayments from the note issued by Newco as part of a pipeline, and the repayments that begin at that time must be spread out over…
Section 325 and Joint Bank Accounts
In White v R, 2020 TCC 22, the taxpayer’s husband owed tax debts under the Excise Tax Act at a time when he made deposits to their joint bank account. The issue was whether the taxpayer was liable under section…