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  • Article

    The Proposed Residential Property Flipping Rule

    For instance, a taxpayer might sell her condominium in order to purchase a home with her fiancé.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    What If Your Voluntary Disclosure Is Denied? Second Administrative Review & Judicial Review

    Canada 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.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Fiscal Arbitrators - With Or Without An Assessment, The Liability For The Tax Debt Exists

    In 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.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Missing CRA Prescribed Form T2200 - Employment Expenses

    When 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...
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    CRA Net Worth Audit - Challenging Necessity And Methodology

    According 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...
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Denial Of GST/HST Input Tax Credits As Per The Agent-Principal Characterization

    Canada Revenue Agency audits have targeted Canadian sales to foreign entities.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Bulk Taxpayer Relief Requests & Relief For Extreme Weather Events

    Canada Revenue Agency (CRA) released guidance on "bulk" taxpayer relief requests as well as taxpayer relief for "extreme weather events."
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Employer Health Tax Disputes – An Overview

    A corporate client's previous representative filed a voluntary disclosure for Ontario's employer health tax during a Canada Revenue Agency audit of GST/HST
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Section 160/325 - Derivative Liability And Bankruptcy

    A 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-Structuring
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Former 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.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Specified Foreign Property & Beneficial Ownership – Form T1135

    According 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 & Arbitration
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Tax On Split Income (TOSI)

    In Canada, taxpayers are taxed at a marginal rate. In general, the higher the income, the higher the tax rate.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Subcontractor 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...
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    SR&ED And Gross Negligence Penalties

    Corporations, individuals, trusts and members of a partnership can apply for SR&ED tax credits.
    CanadaLitigation, Mediation & Arbitration
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Taxpayer Remedies: Canada v. United States

    Taking 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...
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Determining The Taxability Of A Supply For GST/HST Purposes: Nature Of A Supply, Its Principal Or Dominant Purpose, Taxable And Non-Taxable Characteristics

    The 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...
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    Do 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...
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law
  • Article

    The Subsection 55(2) Purpose Test – An Overview

    According 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.
    CanadaTax
    SpenceDrake Tax Law
    SpenceDrake Tax Law

Showing 1–18 of 18 results