ARTICLE · 04 DECEMBER 2014

Restrictive Covenant Rules – Good News Update!

Moodys Private Client Law LLP

Explore more from Moodys Private Client Law LLP

On July 28, 2014, we published a blog that discussed a recent Canada Revenue Agency announcement at the 2014 Society of Trust and Estate Practitioners Roundtable.

CanadaTax

Author LinkedIn connections

On July 28, 2014, our firm published a blog that discussed a recent Canada Revenue Agency ("CRA") announcement at the 2014 Society of Trust and Estate Practitioners ("STEP") Roundtable. The announcement involved the taxation of restrictive covenants under subsection 56.4(2) of the Income Tax Act (the "Act"). Specifically, the issue revolved around whether or not certain exceptions to the broad application of the taxation of restrictive covenant receipts could be avoided because of the strict application of the legislative requirement that no proceeds are received or receivable by the vendor for the granting of the restrictive covenant" (see paragraphs 56.4(6)(e) and 56.4(7)(d) of the Act).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Speed Skating Canada’s CRA Revocation: Lessons On Filing Deadlines And CRA Correspondence

McCarthy Tétrault

Tax Audits: Best Practices For Recipients Of Third-Party RFIs

Blake, Cassels & Graydon LLP

Abramovich, Deloitte And The Cyprus Confidential Files: What A CRA Offshore Audit Of Unreported Foreign Income Means For High-Net-Worth Canadians

Rotfleisch & Samulovitch P.C.

Can The CRA Deny Your New Housing Rebate Even If You Actually Used The Property? Yes! A Canadian Tax Lawyer’s Analysis Of Goncharova v. The King

Rotfleisch & Samulovitch P.C.

Canada Recovery Benefit Denied Twice? Our Expert Canadian Tax Lawyers At TaxPage Secured A 3rd Review By Canada Revenue Agency For Our Client

Rotfleisch & Samulovitch P.C.

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Tax
- Tax Authorities
- Income Tax

Related Comparative Guides

Comparative Guide

Tax

Comparative Guide

Tax Disputes

See more popular content from

Tax

CRA Releases Updated CRS Guidance: CRS 2.0 And Other Matters

On July 2, 2026, the Canada Revenue Agency (CRA) published its updated Guidance on the Common Reporting Standard (Updated CRS Guidance).

Borden Ladner Gervais LLP

Approved: $8.7M CRA Data Breach Settlement – How Affected Canadians Can Claim $80, $200, And Up To $5,000 For Verified Claims

The Federal Court has approved an $8.7 million class action settlement in Sweet v. His Majesty the King (2026 FC 590), resolving claims from the 2020 credential-stuffing cyberattacks on Government of Canada online accounts accessed via GCKey, including CRA My Account.

Rotfleisch & Samulovitch P.C.

When Is GST/HST Payable On Vehicle Sales? Guidance From A Canadian Tax Lawyer

When a specified motor vehicle is acquired through a private sale (for instance, from an individual who is not registered for GST/HST purposes), the transaction is generally not subject to GST/HST.

Rotfleisch & Samulovitch P.C.

The GST/HST New Housing Rebate: A Complete Guide To Eligibility, Amounts, And How To Avoid Case Law Traps

The GST/HST New Housing Rebate lets a purchaser recover part of the GST/HST paid on a newly built or substantially renovated home used as a primary residence.

Rotfleisch & Samulovitch P.C.

CRA To Prioritize Advance Ruling Requests For Large Investments

The Canada Revenue Agency has announced a new priority system for advance income tax ruling requests, targeting investments of at least $1 billion in Canada. This initiative aims to accelerate the tax certainty process for major investors by reducing processing times and providing binding guidance on how specific Income Tax Act provisions apply to proposed transactions.

Osler, Hoskin & Harcourt LLP

Advance Income Tax Ruling Requests For “major Investments” In Canada To Take Priority

The Canada Revenue Agency has announced a new policy to prioritize advance income tax ruling requests for investments of $1 billion or more in Canada. This initiative aims to provide greater tax certainty and reduce risks for major investors, potentially accelerating large-scale project development and strengthening Canada's economic competitiveness. However, questions remain about implementation timelines and potential impacts on smaller ruling requests.

CRA Uses ‘Alternative Methods’ For GST/HST Audits, Including Estimating Business Revenue, Reconstructing Missing Receipts

When the Canada Revenue Agency (CRA) concludes that a GST/HST registrant’s books and records do not provide a complete or reliable picture of its taxable sales, it may reconstruct those sales using an alternative or indirect audit method.

Rotfleisch & Samulovitch P.C.

Understanding Canada’s new "Productivity Mega Deduction": Broad-based, immediate, and permanent expensing

Canada's new Productivity Mega Deduction promises to slash the marginal effective tax rate on business investment to just 6.4%, positioning the country as the most competitive G7 nation for capital deployment. This permanent tax incentive extends immediate expensing to roughly 65% of capital assets, fundamentally reshaping the economics of investing in Canadian operations across manufacturing, energy, technology, and resource sectors.

Canadian Prime Minister Announces ‘Productivity Mega Deduction’

Canada's new Productivity Mega Deduction permanently provides immediate expensing for a wide range of depreciable property and Canadian development expenses, dramatically expanding the scope beyond the previously announced Productivity Super Deduction. The measure aims to reduce Canada's marginal effective tax rate on new business investment to 6.4%, positioning it as the lowest among major economies and less than half the U.S. rate.

Osler, Hoskin & Harcourt LLP

Update: Bare Trust Reporting Rules For 2026

The federal government has finalized revised reporting rules for bare trusts, significantly narrowing the original requirements. While bare trusts are generally exempt from filing for 2023-2025, certain arrangements involving separated legal and beneficial ownership will face new filing obligations starting with the 2026 taxation year, with specific exemptions for family trusts, joint ownership arrangements, and principal residences.

Fogler, Rubinoff LLP