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Posts tagged "Rectification"

Attorney General of Canada, et al. v. Collins Family Trust: Rectification in Tax Matters Revisited
Apr 09, 2021 By Bill Innes
Categories:
Précis: For those who thought that the application of recission in tax matters was resolved by the Supreme Court of Canada in 2016 it’s time to think again. On March 25, 2021 the Supreme Court granted leave in another case where the British Columbia Court of Appeal ordered recission revoking dividends paid in 2008 and 2009 that became taxable as a result of a subsequent change in case law. We live in interesting times for tax planners.
Attorney General of Canada, et al. v. Collins Family Trust: Rectification in Tax Matters RevisitedREAD MORE »
Canadian Forest Navigation v. R. - FCA: Effect of foreign court orders sent back to Tax Court as issue of fact
Mar 14, 2017 By Bill Innes
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Précis: The appellant received payments in 2004, 2005 and 2006 from its foreign affiliates. The payments were described as dividends. Subsequently the appellant obtained rectification orders in Cyprus and Barbados declaring such payments not to be dividends but rather transfers that resulted in indebtedness by the appellant to the foreign affiliates in the amount of the transfers. The appellant applied for an order under section 58 of the Tax Court of Canada Rules (General Procedure) that a question of law be determined before the hearing:
Canadian Forest Navigation v. R. - FCA: Effect of foreign court orders sent back to Tax Court as issue of factREAD MORE »
Canadian Forest Navigation v. R. - TCC: Crown not bound by foreign rectification orders
Mar 08, 2016 By Bill Innes
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Précis: The appellant received payments in 2004, 2005 and 2006 from its foreign affiliates. The payments were described as dividends. Subsequently the appellant obtained rectification orders in Cyprus and Barbados declaring such payments not to be dividends but rather transfers that resulted in indebtedness by the appellant to the foreign affiliates in the amount of the transfers. The appellant applied for an order under section 58 of the Tax Court of Canada Rules (General Procedure) that a question of law be determined before the hearing:
Canadian Forest Navigation v. R. - TCC: Crown not bound by foreign rectification ordersREAD MORE »
R. v. Fairmont Hotels - SCC: Leave granted in Ontario rectification case
Dec 15, 2015 By Bill Innes
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Précis: The Supreme Court of Canada has granted leave to appeal from a decision of the Ontario Court of Appeal blogged earlier on this site (2015 ONCA 441). No reasons were issued.
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Zhang v. R. - BCSC: Rectification denied where no “active” investigation at the time
Jul 30, 2015 By Bill Innes
Categories:
- Bill Innes on Current Tax Cases
- Other
Précis: The Zhang decision is a somewhat unusual decision where rectification was denied. Mr. Zhang was a resident of Canada who carried on a successful business in China selling laser beam quality control equipment. When he filed his 2002 tax return he had a general discussion with his accountant about reducing tax on income earned in China.
Zhang v. R. - BCSC: Rectification denied where no “active” investigation at the timeREAD MORE »
Fairmont Hotels v. R. - OCA: Courts broaden basis for granting rectification in tax cases
Jul 02, 2015 By Bill Innes
Categories:
- Bill Innes on Current Tax Cases
- Other
Précis: In Fairmont Hotels Inc v Attorney General of Canada, the Ontario Court of Appeal upheld the application judge’s granting of the equitable remedy of rectification to a taxpayer whose intention to achieve a particular tax result was mistakenly implemented.
Fairmont Hotels v. R. - OCA: Courts broaden basis for granting rectification in tax casesREAD MORE »
Murphy Estate v. R. – TCC: Nova Scotia Supreme Court order not effective to permit rollover of RRSP to widow of taxpayer
Jan 20, 2015 By Bill Innes
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Murphy Estate v. R. – TCC: Nova Scotia Supreme Court order not effective to permit rollover of RRSP to widow of taxpayerREAD MORE »
Graymar Equipment (2008) Inc. v. R. – AltaQB: Rectification denied because of lack of “valid business purpose”
Apr 10, 2014 By Bill Innes
Categories:
- Bill Innes on Current Tax Cases
- Other
Graymar Equipment (2008) Inc. v. R. – AltaQB: Rectification denied because of lack of “valid business purpose”READ MORE »
Re Pallen Trust – BCSCt: Rectification granted where attribution-based trust tax plan based on mistake of law
Mar 03, 2014 By Bill Innes
Categories:
- Bill Innes on Current Tax Cases
- Other
Re Pallen Trust – BCSCt: Rectification granted where attribution-based trust tax plan based on mistake of lawREAD MORE »
Quebec (Agence du Revenu) v. AES – SCC: Civil Law Permits Rectification Which Will Normally Determine Tax Results
Dec 05, 2013 By Bill Innes
Categories:
- Other
Quebec (Agence du Revenu) v. AES – SCC: Civil Law Permits Rectification Which Will Normally Determine Tax ResultsREAD MORE »