ArticleThe Proposed Residential Property Flipping RuleFor instance, a taxpayer might sell her condominium in order to purchase a home with her fiancé. CanadaTaxSpenceDrake Tax Law
ArticleWhat If Your Voluntary Disclosure Is Denied? Second Administrative Review & Judicial ReviewCanada Revenue Agency's (CRA) voluntary disclosure program provides a taxpayer (e.g., an individual or corporation) with a one-time opportunity to retroactively comply with Canadian tax law. CanadaTaxSpenceDrake Tax Law
ArticleFiscal Arbitrators - With Or Without An Assessment, The Liability For The Tax Debt ExistsIn the decision of Watts v. The King, 2023 TCC 11, the Tax Court of Canada reiterated, at paragraph 58, that "with or without an assessment, the liability for the tax debt exists.CanadaTaxSpenceDrake Tax Law
ArticleMissing CRA Prescribed Form T2200 - Employment ExpensesWhen claiming employment expenses, an employee must ensure form T2200 is completed and signed by the employer. The T2200, a prescribed form pursuant to subsection 8(10) of...CanadaTaxSpenceDrake Tax Law
ArticleCRA Net Worth Audit - Challenging Necessity And MethodologyAccording to the Tax Court of Canada in Ramey v. The Queen, 93 DTC 791 (Ramey), at paragraph 6, the "net worth method of estimating income is an unsatisfactory and imprecise way...CanadaTaxSpenceDrake Tax Law
ArticleDenial Of GST/HST Input Tax Credits As Per The Agent-Principal CharacterizationCanada Revenue Agency audits have targeted Canadian sales to foreign entities. CanadaTaxSpenceDrake Tax Law
ArticleBulk Taxpayer Relief Requests & Relief For Extreme Weather EventsCanada Revenue Agency (CRA) released guidance on "bulk" taxpayer relief requests as well as taxpayer relief for "extreme weather events." CanadaTaxSpenceDrake Tax Law
ArticleEmployer Health Tax Disputes – An OverviewA corporate client's previous representative filed a voluntary disclosure for Ontario's employer health tax during a Canada Revenue Agency audit of GST/HSTCanadaTaxSpenceDrake Tax Law
ArticleSection 160/325 - Derivative Liability And BankruptcyA taxpayer can still be held liable for a tax debt thought to have been erased by bankruptcy. This was the decision of the Federal Court of Appeal in Canada v. Heavyside, 1996 CanLII 3932 (FCA)...CanadaInsolvency/Bankruptcy/Re-StructuringSpenceDrake Tax Law
ArticleFormer Ontario Judge's Tax Shelter Donation Claim Fails In Tax Court - Crane V. The King, 2022 TCC 115 (CanLII)Pursuant to subsection 118(1) of the Income Tax Act, RSC 1985, c 1 (5th Supp), if a taxpayer donates to an eligible charity, a tax credit can be claimed for the amount of the donation.CanadaTaxSpenceDrake Tax Law
ArticleSpecified Foreign Property & Beneficial Ownership – Form T1135According to a decision of the Ontario Superior Court of Justice in Csak v. Aumon, 1990 CanLII 8070 (ON SC), at paragraph 8, a "beneficial owner is one who is the real owner of property...CanadaLitigation, Mediation & ArbitrationSpenceDrake Tax Law
ArticleTax On Split Income (TOSI)In Canada, taxpayers are taxed at a marginal rate. In general, the higher the income, the higher the tax rate. CanadaTaxSpenceDrake Tax Law
ArticleSubcontractor Expenses, Denied ITCs And The GST/HST Rebate For ‘Tax Paid In Error'In Mediclean Incorporated v. The Queen, 2022 TCC 37 (CanLII), the Tax Court of Canada provides guidance for successfully claiming the "tax paid in error" GST/HST...CanadaTaxSpenceDrake Tax Law
ArticleSR&ED And Gross Negligence PenaltiesCorporations, individuals, trusts and members of a partnership can apply for SR&ED tax credits.CanadaLitigation, Mediation & ArbitrationSpenceDrake Tax Law
ArticleTaxpayer Remedies: Canada v. United StatesTaking into consideration the differing political contexts of Canada and the United States, you might assume that the United States, because of its small government bent...CanadaTaxSpenceDrake Tax Law
ArticleDetermining The Taxability Of A Supply For GST/HST Purposes: Nature Of A Supply, Its Principal Or Dominant Purpose, Taxable And Non-Taxable CharacteristicsThe Tax Court of Canada decision in A-Supreme Nursing & Home Care Services Inc. v. The King, 2023 TCC 39 ("ANHC"), involved a CRA audit of a staffing agency in the business of supplying healthcare workers...CanadaTaxSpenceDrake Tax Law
ArticleDo Taxpayers Have To Physically Deliver Documents To CRA For Audit?The applicant, CRA, first requested documents from the taxpayer years earlier, in May of 2014. They refused multiple times. At paragraph 40...CanadaTaxSpenceDrake Tax Law
ArticleThe Subsection 55(2) Purpose Test – An OverviewAccording to subsection 112(1) of Canada's Federal Income Tax Act, if a corporation receives a taxable dividend from a Canadian resident corporation or taxable Canadian corporation, the recipient can deduct the amount of the dividend from taxable income. CanadaTaxSpenceDrake Tax Law