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Category: Employees

Employee loans

Posted on: December 27, 2023 Last updated on: December 20, 2023 Written by: John Loukidelis
The CRA has published a document on its website about employee debt.
Continue reading “Employee loans”…

Commission employees

Posted on: March 2, 2020 Last updated on: March 2, 2020 Written by: John Loukidelis
The trend in Tax Court jurisprudence is to require specificity in contracts to permit a commissioned employee to deduct an expense. The contract must contemplate the particular expense in question before it will be deductible under paragraph 8(1)(f) of the…
Continue reading “Commission employees”…

Payroll deductions are special

Posted on: November 26, 2019 Last updated on: November 26, 2019 Written by: John Loukidelis
How are payroll source deductions different from an ordinary income tax debt? 1. The CRA can commence collection action as soon as source deduction are overdue. An objection does not stay collection action. 2. Some limitation periods (assuming no negligent…
Continue reading “Payroll deductions are special”…

Employee parking pass

Posted on: July 26, 2019 Last updated on: July 26, 2019 Written by: John Loukidelis
Amit Ummat summarizes Smith v R, 2019 FCA 173, in which the Court held that a flight attendant received a taxable benefit from an employer-provided parking pass.
Continue reading “Employee parking pass”…

Employee discounts

Posted on: July 13, 2019 Last updated on: July 13, 2019 Written by: John Loukidelis
the CRA acknowledges that its administrative position on employee discount programs is that an employee may exclude from income discounts on merchandise and commissions from personal purchases, but that administrative position does not…
Continue reading “Employee discounts”…

Parking as a taxable benefit

Posted on: April 29, 2018 Last updated on: July 21, 2018 Written by: John Loukidelis
An employee derives a benefit from free parking unless the employee must use the space “regularly” to perform his or her employment duties (ie for business purposes). Parking “to facilitate working irregular or extended hours is parking for business…
Continue reading “Parking as a taxable benefit”…

CRA backs off on employment expenses

Posted on: February 16, 2018 Last updated on: February 16, 2018 Written by: John Loukidelis
It appears the CRA has backed off its employment expenses project. A colleague of mine sent a release he received from CRA Audit, which read in part as follows: Effective immediately, the Agency will stop reviewing and disallowing “other employment…
Continue reading “CRA backs off on employment expenses”…

Project for employees

Posted on: January 12, 2018 Last updated on: January 13, 2018 Written by: John Loukidelis
The CRA has a new ‘project’ underway. This time the target is employees who deduct employment expenses under section 8 of the Income Tax Act. The CRA seems to be on the lookout for employees who are also shareholders of…
Continue reading “Project for employees”…

Employee discounts

Posted on: December 5, 2017 Last updated on: December 5, 2017 Written by: John Loukidelis
Kathryn Walker, “Employee Discounts for Merchandise: The Law” Canadian Tax Focus 7:4 (November, 2017) argues that the CRA’s new policy in Income Tax Folio S2-F3-C2, “Benefits and Allowances Received from Employment” on employee discounts simply reflected a change in the…
Continue reading “Employee discounts”…

Cell phone costs for employees

Posted on: November 17, 2017 Last updated on: November 17, 2017 Written by: John Loukidelis
Neal Armstrong draws our attention to Meberatu v R, 2017 TCC 211. The Court allowed the taxpayer-employee to deduct amounts in respect of her work-related use of a cell phone. The amounts permitted were estimates because the taxpayer failed to…
Continue reading “Cell phone costs for employees”…
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Related siblings under section 55

At the 2025 APFF conference, the CRA stated that the sisters in the following scenario would be related as per subparagraph 55(5)(e)(i): Sister A and Sister B each owned 100 percent of the shares of their respective holding corporations, whose…
Continue reading “Related siblings under section 55”…

Subsection 55(2) can be good actually

If subsection 55(2) applies to a dividend, and the cash related to the dividend needs to be paid to an individual shareholder anyway, the shareholder will likely be better off compared to the situation obtained when the subsection does not…
Continue reading “Subsection 55(2) can be good actually”…

Loans by a partnership to a partner

The CRA has generally held that a loan from a partnership to a partner will reduce the ACB of the partner’s partnership interest because of the “all-encompassing” language in subparagraph 53(2)(c)(v) of the Income Tax Act (Canada). The CRA has…
Continue reading “Loans by a partnership to a partner”…

Directors of a dissolved corporation

In 2008, I wrote an article for the Hamilton Law Association Journal that, among other things, addressed the status of directors of a corporation that has been dissolved. I referred to Leger v R, 2007 TCC 322, which held that,…
Continue reading “Directors of a dissolved corporation”…

DAC Investment

The authors discuss R v DAC Investment Holdings Inc., 2026 FCA 35, rev’g 2024 TCC 63. They conclude that, in a GAAR analysis, an overly-broad characterization of a provision or a mere description of its effect will not correctly express its object, spirit and purpose…
Continue reading “DAC Investment”…

Recent Posts

Related siblings under section 55

At the 2025 APFF conference, the CRA stated that the sisters in the following scenario would be related as per subparagraph 55(5)(e)(i): Sister A and Sister B each owned 100 percent of the shares of their respective holding corporations, whose…
Continue reading “Related siblings under section 55”…

Subsection 55(2) can be good actually

If subsection 55(2) applies to a dividend, and the cash related to the dividend needs to be paid to an individual shareholder anyway, the shareholder will likely be better off compared to the situation obtained when the subsection does not…
Continue reading “Subsection 55(2) can be good actually”…

Loans by a partnership to a partner

The CRA has generally held that a loan from a partnership to a partner will reduce the ACB of the partner’s partnership interest because of the “all-encompassing” language in subparagraph 53(2)(c)(v) of the Income Tax Act (Canada). The CRA has…
Continue reading “Loans by a partnership to a partner”…

Directors of a dissolved corporation

In 2008, I wrote an article for the Hamilton Law Association Journal that, among other things, addressed the status of directors of a corporation that has been dissolved. I referred to Leger v R, 2007 TCC 322, which held that,…
Continue reading “Directors of a dissolved corporation”…

DAC Investment

The authors discuss R v DAC Investment Holdings Inc., 2026 FCA 35, rev’g 2024 TCC 63. They conclude that, in a GAAR analysis, an overly-broad characterization of a provision or a mere description of its effect will not correctly express its object, spirit and purpose…
Continue reading “DAC Investment”…

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Archives

Categories

Recent Posts

Related siblings under section 55

At the 2025 APFF conference, the CRA stated that the sisters in the following scenario would be related as per subparagraph 55(5)(e)(i): Sister A and Sister B each owned 100 percent of the shares of their respective holding corporations, whose…
Continue reading “Related siblings under section 55”…

Subsection 55(2) can be good actually

If subsection 55(2) applies to a dividend, and the cash related to the dividend needs to be paid to an individual shareholder anyway, the shareholder will likely be better off compared to the situation obtained when the subsection does not…
Continue reading “Subsection 55(2) can be good actually”…

Loans by a partnership to a partner

The CRA has generally held that a loan from a partnership to a partner will reduce the ACB of the partner’s partnership interest because of the “all-encompassing” language in subparagraph 53(2)(c)(v) of the Income Tax Act (Canada). The CRA has…
Continue reading “Loans by a partnership to a partner”…

Directors of a dissolved corporation

In 2008, I wrote an article for the Hamilton Law Association Journal that, among other things, addressed the status of directors of a corporation that has been dissolved. I referred to Leger v R, 2007 TCC 322, which held that,…
Continue reading “Directors of a dissolved corporation”…

DAC Investment

The authors discuss R v DAC Investment Holdings Inc., 2026 FCA 35, rev’g 2024 TCC 63. They conclude that, in a GAAR analysis, an overly-broad characterization of a provision or a mere description of its effect will not correctly express its object, spirit and purpose…
Continue reading “DAC Investment”…

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