Archive for Category: Tax Law Canada

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Taxpayer Avoids $72,000 in Derivative Tax Liability Because the CRA Failed to Prove that Her Husband Owed the Underlying Tax: Vasilkioti v The King, 2024 TCC 101

Introduction: Derivative Tax Liability under Section 160 of Canada’s Income Tax Act Section 160 of Canada’s Income Tax Act is a tax collection tool. It prevents tax debtors from trying to hide assets from the Canada Revenue Agency’s tax collectors by transferring those assets to spouses, friends, relatives, related...

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Tenants Beware: Not Remitting Withholding Tax on Rental Payments To Non-Resident Landlords Can Cost You Thousands: 3792391 Canada Inc. v. The King

Introduction To Non-Resident Withholding Tax When non-residents receive income from Canadian sources, such as dividends, interest, royalties, or rental income, the Canadian government imposes a withholding tax on this income. The payor (e.g., a corporation or individual in Canada) is responsible for deducting the tax from the payment and...

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A Comprehensive Guide to Tax for Canadian Property Owners, Investors in Canadian Property Part III: Tax Obligations for Long-term and Short-term Rentals

Introduction: Landlord’s Tax Obligations Canada has, over the years, gradually become a difficult business for landlords. In particular, Canada has grown much less welcoming towards short-term rental units. In fact, the government of Canada has specifically targeted landlords who operate short-term rentals and imposed a series of additional taxes...

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Are Poker Winnings Now Taxable in Canada? A Canadian Tax-Lawyer Analyses of 4 Tax Court of Canada Recent Poker Decisions

Introduction – The Recent Tax Court Decisions on Taxability of Poker Winnings: Duhamel, Fournier, Berube & D’Auteuil Poker, a game of skill and strategy, has gained immense popularity worldwide. In Canada, many individuals enjoy playing poker as a recreational activity or even professionally. Unsurprisingly, the Tax Court of Canada...

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More Tax Changes Proposed to Capital Gains Inclusion Rate, Global Minimum Tax Act, Trust Reporting Rules, and Other OEDC Compliance by Canadian Department of Finance

Introduction – The Department of Finance Announces Revised Draft Legislation for Anticipated Capital Gains Changes On August 12, 2024, the Department of Finance released revised draft legislation for the implementation of various federal tax measures, including the implementation of the 2024 Federal Budget. The Department of Finance has segregated...

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