Tax Insight | Taxnet Pro Blog

Archives - April 2019

MacDonald v. R. – SCC: Supreme Court grants taxpayer leave to appeal in hedge transaction case – is intention an element of a hedge?
Apr 09, 2019 By Bill Innes
Categories:
- Bill Innes on Current Tax Cases
- Corporate Tax
Précis: The Supreme Court of Canada granted the taxpayer leave to appeal a decision of the Federal Court of Appeal blogged on this site last year. The Federal Court of Appeal held that intention did not form part of hedge transactions for income tax purposes. The Supreme Court will now revisit that finding.
MacDonald v. R. – SCC: Supreme Court grants taxpayer leave to appeal in hedge transaction case – is intention an element of a hedge?READ MORE »
European Staffing Inc. v. R. – TCC: Taxpayer was a placement agency for EI and CPP purposes – employees were subject to EI and CPP withholding
Apr 04, 2019 By Bill Innes
Categories:
Précis: The taxpayer provided workers for its clients and paid those workers itself, passing the cost on to its clients as part of its fees. It did not withhold EI or CPP in connection with these workers. CRA assessed the taxpayer on the basis that it was a placement agency within the provision of the EI and CPP legislation and thus subject to EI and CPP withholding. The Court accepted CRA’s position and dismissed the taxpayer’s appeals.
European Staffing Inc. v. R. – TCC: Taxpayer was a placement agency for EI and CPP purposes – employees were subject to EI and CPP withholdingREAD MORE »
L'Écuyer v. R. – TCC: Tax Court accepts taxpayer’s evidence that a condo was his primary place of residence thus entitling him to a New Housing Rebate
Apr 02, 2019 By Bill Innes
Categories:
Précis: CRA rejected the taxpayer’s claim that he had purchased a new condo for use as his primary place of residence and therefore was entitled to a New Housing Rebate of GST on the unit. Among other things CRA pointed to the low usage of electricity in the condo suggest that he did not really occupy it as a primary place of residence. The Tax Court accepted the taxpayer’s evidence that he travelled a great deal on business dealing with several pharmacies that he owned and did not use air conditioning at all in the warmer months. Thus the Court allowed the appeal, but without costs since this was an informal procedure appeal.
L'Écuyer v. R. – TCC: Tax Court accepts taxpayer’s evidence that a condo was his primary place of residence thus entitling him to a New Housing RebateREAD MORE »