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Results: 1-10 of 653

Taxpayer entitled to disclosure of the “policy” underlying statutory provisions allegedly abused in GAAR cases

  • Dentons
  • -
  • Canada
  • -
  • January 28 2013

On December 20, 2012, the Tax Court ruled on a motion under Rule 52 of the Tax Court of Canada Rules (General Procedure) (the "Rules") to require the

Successful challenge to portions of the Crown’s reply on the deductibility of amounts paid by CIBC to settle ENRON litigation

  • Dentons
  • -
  • Canada
  • -
  • January 1 2012

On December 19, 2011, the Tax Court partially granted an application by Canadian Imperial Bank of Commerce (2011 TCC 568

Eligible dividends and Subsection 55(2)

  • Dentons
  • -
  • Canada
  • -
  • June 21 2012

At various Round Tables, including the 2010 Canadian Tax Foundation National Conference Round Table, the Canada Revenue Agency has indicated that an eligible dividend received by a corporation that is deemed to be a capital gain or proceeds of disposition pursuant to subsection 55(2) will not increase the general rate income pool (“GRIP”) of the recipient, but will reduce the GRIP of the payer

Taxpayer loses “break fee” appeal

  • Thorsteinssons LLP
  • -
  • Canada
  • -
  • December 2 2012

In Morguard Corporation v. The Queen, the Federal Court of Appeal (FCA) upheld the Tax Court of Canada decision that a “break fee” received on an attempted acquisition of a target company was ordinary income to the recipient

Supreme Court of Canada judgment: limiting Crown claims for unremitted sales taxes in CCAA cases

  • McMillan LLP
  • -
  • Canada
  • -
  • January 12 2011

On December 16, 2010, the Supreme Court of Canada determined that in Companies' Creditors Arrangement Act ("CCAA") reorganization proceedings, the Crown enjoys no super-priority status in relation to its claims for unremitted sales taxes arising under the Goods and Services Tax (the "GST") or similar provincial sales taxes

CRA says acquired company could not reverse prior CCA claims

  • Thorsteinssons LLP
  • -
  • Canada
  • -
  • April 22 2013

In 2013-0474111I7, the Rulings Division advised a local Tax Services Office that an acquired company could not reverse prior-year CCA claims so as to

Federal Court of Appeal denies registration to news organization

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • July 25 2011

In June, the Federal Court issued its decision in News To You Canada v. Minister of National Revenue in which it denied the organization’s appeal of the Canada Revenue Agency’s refusal to register it as a charitable organization

The elusive exemption from taxation on investment income under the Indian Act

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • June 22 2009

When the right to vote in federal elections was finally extended to status Indians in 1960, many First Nation leaders were concerned that this would lead to an erosion of treaty rights and legislative protections including, specifically, the protection from taxation and seizure of personal property under ss. 87 and 89 of the Indian Act

U.S. LLCs should consider refund claims for branch tax paid to Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • July 22 2010

On April 8, 2010, the Tax Court of Canada found in favour of the taxpayer in TD Securities (USA) LLC v. The Queen

Deductibility of farm losses from a horse racing venture

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • November 12 2007

Generally, a taxpayer who incurs losses from the operation of a business is entitled to deduct these losses from other income. Subsection 31(1) of the Income Tax Act provides an exception to this rule in the case of farming losses