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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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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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