In Gill v R, 2026 TCC 18, the Tax Court seemed to find that a transfer of title as such represented value from a tax debtor that could support an assessment under section 160 of the Income Tax Act (Canada).…
Harvard Properties detailed notes
Harvard Properties 2024 TCC 139 per Boyle TCJ General procedure Under appeal A-382-24; A-388-24 “Another Section 160 Tax Avoidance Scam: Harvard Properties” Brian Arnold report 296 Jan 14/25 * Facts The following is a paraphrase of the facts set out…
50-50 shareholders and s 160; directors and independent contractors
McCague v R, 2025 TCC 59, is another section 160 case where 50/50 shareholders caused their corporation to pay them dividends at a time when it owed taxes. The Court held that section 160 applied and summarized the law in…
Harvard Properties
In Harvard Properties Inc. v R, 2024 TCC 139, the taxpayer, as a co-owner of a shopping mall, rolled its interest in the mall to Newco and then sold the Newco shares for a “premium” over the value of the…
Enns – section 160 inapplicable
Peter Enns, a tax debtor, designated his wife, Marlene, as the sole beneficiary of his RRSP. Peter died without paying his tax debt, and so the CRA assessed Marlene under section 160 on the basis that she was Peter’s “spouse”…
Trust beneficiary liability under s 160
In Barwicz v R, 2024 CCI 93, the Tax Court held that a beneficiary of a trust was liable under section 160 for its unpaid tax to the extent of capital distributions received from the trust. Subsection 107(2), which provides…
Section 160 taxpayer win
In Vasilkioti v R, 2024 TCC 101, the Court held that section 160 did not apply in respect of a transfer of real property from a husband to the appellant-wife because the CRA did not adequately prove the husband’s underlying…
Dividends and Section 160 again
In Active Asset Management Inc. v R, 2024 TCC 87, the Court held that neither a deemed dividend arising on a stated capital increase nor a dividend satisfied by a promissory note constituted a transfer of property for the purposes…
160 and discretionary trusts
Neal Armstrong (taxinterpretations.com) reports that, in Barwicz v R, 2024 CCI 93 (French only), the Court held that, for the purposes of section 160, a beneficiary of a discretionary trust had not given consideration for distributions of capital property from…
Section 160 Liability for Indirect Transfers
In Panneton c. R, 2024 CCI 24, the tax debtor husband caused corporations that he owned to pay for renovations on the wife’s residence. The Court held that the payments constituted indirect transfers from the husband to the wife that…