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Category: Miscellaneous (page 13)

A useful tool

Posted on: February 17, 2007 Last updated on: February 17, 2007 Written by: John Loukidelis

The Web contains many useful tools for lawyers such as the website of the Canadian Legal Information Institute (CanLII), which provides access to a wealth of statutes and cases. The Web has many other useful tools of course.

Continue reading “A useful tool”…

Damage control

Posted on: January 30, 2007 Last updated on: January 30, 2007 Written by: John Loukidelis
The Minister of Finance tries to explain his position on income trusts and the problems created by his announcement on Halloween, 2006.
Continue reading “Damage control”…

PC trouble

Posted on: January 20, 2007 Last updated on: January 20, 2007 Written by: John Loukidelis
In Morisset c. La Reine, 2006 CCI 483 (French only), the CRA reassessed the taxpayer to include in his income amounts supposedly earned by his “professional corporation”. The taxpayer, at law, was not permitted to share the revenue derived from…
Continue reading “PC trouble”…

Fraud, again

Posted on: January 11, 2007 Last updated on: January 11, 2007 Written by: John Loukidelis
It appears that even the Department of Finance is having to wage war on phishing: see E-mail Fraud Alert.
Continue reading “Fraud, again”…

Information for individuals leaving Canada

Posted on: January 5, 2007 Last updated on: January 5, 2007 Written by: John Loukidelis
From time to time my clients contemplate leaving Canada for warmer weather or more friendly tax collectors. Over the years, I have collected a set of CRA publications and forms that provide useful guidance on the tax consequences of becoming…
Continue reading “Information for individuals leaving Canada”…

Draft legislation for Christmas

Posted on: December 22, 2006 Last updated on: December 22, 2006 Written by: John Loukidelis
The Department of Finance generally gives tax practitioners a little something—obscure draft legislation usually—to chew on between Christmas and New Year’s. I was beginning to worry that the Department had forgotten about us this year, but I should have known…
Continue reading “Draft legislation for Christmas”…

The night before Christmas

Posted on: December 21, 2006 Last updated on: December 21, 2006 Written by: John Loukidelis

The following mentions tax, and so I think it is legitimate content for this blog.

May I say that we lawyers deserve the satire aimed at us by this poem.

Continue reading “The night before Christmas”…

New blogs

Posted on: December 16, 2006 Last updated on: December 16, 2006 Written by: John Loukidelis
Our firm is in the process of rolling out several new blogs. One of them is about trusts and estates. Cathy Olsiak and I have just posted an article to the blog about donating securities through a will.
Continue reading “New blogs”…

Ontario simplifies

Posted on: December 13, 2006 Last updated on: December 13, 2006 Written by: John Loukidelis
You have all read that the Ontario government plans to turn over the administration of its corporate income tax regime to the CRA. The government introduced draft legislation today to make that a reality. Now, when will the government muster…
Continue reading “Ontario simplifies”…

Criminal Charges

Posted on: November 16, 2006 Last updated on: November 16, 2006 Written by: John Loukidelis
It appears that over the last few years the Ontario Ministry of Finance has been getting tough with the directors of corporations who fail to file Ontario corporate tax returns. Failing to file such a return is a criminal offence,…
Continue reading “Criminal Charges”…
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Recent notes

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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