SimpsonWigle Law LLP Tax News

The Ontario Reports just published another rectification case. See Di Battista v. 874687 Ontario Inc., 80 O.R. (3d) 136, 2005 CanLII 51220 (ON S.C.). The report is sketchy on the details, but it contains a useful list of the relevant cases. Interestingly, the Minister of National Revenue did not oppose the application for rectification, but the Minister advised “by letter from counsel” that he “maintains his right to reassess any of the parties involved as a result of any tax consequences which may arise out of this application.” That’s ominous-sounding.

Sometimes my clients like to tell me that “in tax, intention is everything”. In fact, the courts have always been quite careful to limit the role that mere subjective intention plays in determining the tax consequences of a transaction. For a recent example, see my article on Makuz v. The Queen, 2006 TCC 263. Royal Winnipeg Ballet v. M.N.R., 2006 FCA 87, rev’g 2004 TCC 390, however, seems to mark something of a new direction in this regard. (more…)

I am back from holidays now and back to having to deal with the many-headed Hydra that is the CRA.

Over the last few years the CRA has been “rationalizing” its services to cut costs and, supposedly, improve its services. A recent example of these changes is the reduction of services available at the counters at tax services offices. The CRA explains this change as follows: (more…)

Under the Income Tax Act (Canada) (the “Act”) significant tax advantages may be available to a professional who derives his or her income through a corporation, of which he or she is both a shareholder and an employee, rather than directly from a practice operated in his or her name. (more…)