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Category: Miscellaneous (page 3)

Another disclaimer dies

Posted on: March 27, 2015 Last updated on: March 27, 2015 Written by: John Loukidelis
I’ll admit that email disclaimers are a pet peeve of mine. They seem to embody some of the less loveable characteristics of lawyers and the law. Anyway, apparently the IRS is now telling US tax practitioners to stop using “Circular…
Continue reading “Another disclaimer dies”…

Bank-assisted tax evasion?

Posted on: February 9, 2015 Last updated on: February 9, 2015 Written by: John Loukidelis
The CBC is reporting that “British bank HSBC helped hundreds of Canadians hide Swiss accounts from authorities to avoid paying millions of dollars in taxes, CBC News has learned.”
Continue reading “Bank-assisted tax evasion?”…

MGS on strike?

Posted on: February 6, 2015 Last updated on: February 6, 2015 Written by: John Loukidelis
The following is from an OPSEU press release issued last week: The union representing 35,000 frontline Ministry employees who work directly for the Ontario government announced today that bargaining representatives of the Ontario Government have taken a significant step towards…
Continue reading “MGS on strike?”…

Detax rising?

Posted on: January 23, 2015 Last updated on: January 23, 2015 Written by: John Loukidelis
I’ve been writing about detaxers for sometime. You would have thought their nonsense had been exposed long ago, not least because the tax courts have had no trouble dismissing their claims. Apparently not, however. The Canadian Bar Association is actually…
Continue reading “Detax rising?”…

The rectification saga

Posted on: January 2, 2015 Last updated on: January 2, 2015 Written by: John Loukidelis
The rectification saga continues. From Timothy Fitzsimmons’ summary of Fairmont Hotels Inc. et al v AG (Canada), 2014 ONSC 7302: Fairmont relied on the Ontario Court of Appeal decision in Juliar for the principle that the exact method to achieve…
Continue reading “The rectification saga”…

Estate freezes and accounting

Posted on: December 10, 2014 Last updated on: December 11, 2014 Written by: John Loukidelis
KPMG reports that If you’re a business owner and you have carried out an estate freeze to fix the value of your shares in the business so that future growth accrues to the benefit of other family members, you may…
Continue reading “Estate freezes and accounting”…

HST and damages

Posted on: November 22, 2014 Last updated on: November 22, 2014 Written by: John Loukidelis
Greg Sawatsky has written a helpful summary of the HST rules applying to certain payments of damages.
Continue reading “HST and damages”…

Brogan

Posted on: November 11, 2014 Last updated on: February 3, 2022 Written by: John Loukidelis
Craig Burley has written a brief summary of Canada (Atty-General) v Brogan Family Trust, 2014 ONSC 6354, a recent case on rectification. I’m skeptical of the idea that the CRA has no interest in a rectification application if it is…
Continue reading “Brogan”…

HST diversion

Posted on: October 16, 2014 Last updated on: October 16, 2014 Written by: John Loukidelis
The CRA just tweeted “Is the GST number on your invoice valid? Find out by using the GST/HST registry at http://t.co/LCmyRdCTqQ #GST #HST”. I’ve posted about the registry before, but why would you bother to check? You would care because,…
Continue reading “HST diversion”…

Tax preparer punishment

Posted on: October 8, 2014 Last updated on: October 8, 2014 Written by: John Loukidelis
Here’s some good news for a change: “Tax preparer given an 18-month conditional sentence and a $377,024 fine for filing false tax returns.” I’ve seen too many cases where unscrupulous preparers file false returns for clueless taxpayers who are left…
Continue reading “Tax preparer punishment”…
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The sibling butterfly exception

The CRA has clarified that the subparagraph 55(5)(e)(i) exception for siblings will apply where the shares of either the distributing corporation (DC) or the transferee corporation (TC) (not both) need be quaified small business corporation shares or shares of a…
Continue reading “The sibling butterfly exception”…

Objections for large corporations

A corporation is a “large corporation” if its taxable capital, and that of any related corporation, employed in Canada exceeds $10 million (a limit that has not changed since it was set in 2006). Per subsection 165(1.11), a large corporation…
Continue reading “Objections for large corporations”…

Pleading away privilege

In One York Street Inc. v 2360083 Ontario Limited, 2026 ONCA 176, the Court held that, by putting in issue its state of mind on signing a lease where the state of mind was based in part on legal advice,…
Continue reading “Pleading away privilege”…

Resigning as a director

According to the author, Stevens v R, 2026 TCC 76, is an important reminder of the importance of “objective” evidence for a director’s resignation. Having a resignation witnessed, ensuring that the corporation has updated its records and ensuring that the…
Continue reading “Resigning as a director”…

Build Canada announcements

Oslers has a couple of good posts on its website—here and here—about tax-related “Canada strong” announcements. The CRA, when considering advance tax rulings, will prioritize “nation-building projects”, and the Income Tax Act (Canada) will be amended to permit a new…
Continue reading “Build Canada announcements”…

Recent Posts

The sibling butterfly exception

The CRA has clarified that the subparagraph 55(5)(e)(i) exception for siblings will apply where the shares of either the distributing corporation (DC) or the transferee corporation (TC) (not both) need be quaified small business corporation shares or shares of a…
Continue reading “The sibling butterfly exception”…

Objections for large corporations

A corporation is a “large corporation” if its taxable capital, and that of any related corporation, employed in Canada exceeds $10 million (a limit that has not changed since it was set in 2006). Per subsection 165(1.11), a large corporation…
Continue reading “Objections for large corporations”…

Pleading away privilege

In One York Street Inc. v 2360083 Ontario Limited, 2026 ONCA 176, the Court held that, by putting in issue its state of mind on signing a lease where the state of mind was based in part on legal advice,…
Continue reading “Pleading away privilege”…

Resigning as a director

According to the author, Stevens v R, 2026 TCC 76, is an important reminder of the importance of “objective” evidence for a director’s resignation. Having a resignation witnessed, ensuring that the corporation has updated its records and ensuring that the…
Continue reading “Resigning as a director”…

Build Canada announcements

Oslers has a couple of good posts on its website—here and here—about tax-related “Canada strong” announcements. The CRA, when considering advance tax rulings, will prioritize “nation-building projects”, and the Income Tax Act (Canada) will be amended to permit a new…
Continue reading “Build Canada announcements”…

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Archives

Categories

Recent Posts

The sibling butterfly exception

The CRA has clarified that the subparagraph 55(5)(e)(i) exception for siblings will apply where the shares of either the distributing corporation (DC) or the transferee corporation (TC) (not both) need be quaified small business corporation shares or shares of a…
Continue reading “The sibling butterfly exception”…

Objections for large corporations

A corporation is a “large corporation” if its taxable capital, and that of any related corporation, employed in Canada exceeds $10 million (a limit that has not changed since it was set in 2006). Per subsection 165(1.11), a large corporation…
Continue reading “Objections for large corporations”…

Pleading away privilege

In One York Street Inc. v 2360083 Ontario Limited, 2026 ONCA 176, the Court held that, by putting in issue its state of mind on signing a lease where the state of mind was based in part on legal advice,…
Continue reading “Pleading away privilege”…

Resigning as a director

According to the author, Stevens v R, 2026 TCC 76, is an important reminder of the importance of “objective” evidence for a director’s resignation. Having a resignation witnessed, ensuring that the corporation has updated its records and ensuring that the…
Continue reading “Resigning as a director”…

Build Canada announcements

Oslers has a couple of good posts on its website—here and here—about tax-related “Canada strong” announcements. The CRA, when considering advance tax rulings, will prioritize “nation-building projects”, and the Income Tax Act (Canada) will be amended to permit a new…
Continue reading “Build Canada announcements”…

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