Overview: Why the Tax Court Denied an $86,231 Commissioned Employee Expense Deduction Thorburn v The King, 2026 TCC 108, is a practical reminder that employee expense deductions are not allowed simply because an expense appears useful, income-producing, or supported by a Form T2200. The Tax Court of Canada dismissed...
Tax Court Denies $118,000 in Deductions Without Valid Receipts: Canadian Tax Lawyer Explains the Lesson of Chennenkunnath v. The King Overview – Record-keeping is indispensable for commission employees A commission-based car salesman’s attempt to deduct over $118,000 in employment expenses across two tax years was blocked in Chennenkunnath v....
Introduction: Canada Focuses On Economic Immigrants Immigrants account for approximately a third of all business owners in Canada. This may not be a surprising fact since the most recent Canadian census noted that almost 1 in 4 people in Canada are or have been a landed immigrant or permanent...
A guarantor becomes the creditor when a guarantee payment is made According to the Federal Court decision in Abrametz v. The Queen, when a taxpayer makes a payment under a guarantee for a corporation’s indebtedness, it is generally regarded that the taxpayer has acquired the rights of the creditor...
Introduction: Rectification & Its Tax Consequences Rectification is an equitable remedy. It allows parties to correct drafting errors that would otherwise render a legal instrument incompatible with the agreement that the instrument was meant to document. In these cases, the contracting parties may ask a court to rectify the...
Background: What is an NFT? A non-fungible token (NFT) is a unique digital asset that is built on top of the blockchain system. It is non-fungible in the sense that it is unique in nature: there is only one unique, original NFT. Cryptocurrencies (such as Bitcoin or Ethereum) or...
Background on Directors Liability for Taxes: The Tax Court of Canada has recently decided a case regarding director’s liability for unremitted GST/HST. Generally, a director of a corporation can be held personally liable to CRA for various corporate liabilities such as unremitted GST and HST, as well as unremitted...
Introduction: The Starting Point of the Taxation of Employment Income Every person resident in Canada must pay income tax on the taxable income for each taxation year. Section 3 of the Canadian Tax Act sets out five main sources of income: office, employment, business, property, and capital gains/losses. In...
Overview – Emigrating from Canada with Stock Options Most forms of remuneration for employment are taxed as income in the year they are received by that employee. For example, income from a salary is included in the year that the salary is paid. Employee stock options are an important...
Introduction: Why do private corporations receive Refundable Dividends? Canada’s Income Tax Act was originally drafted with three main principles in mind: equity, simplicity, and fairness. In essence, the overall goal of the Income Tax Act is to remove incentives or disincentives for structuring one’s affairs in a particular manner...