Archive for Category: Tax Law Canada

A Man Glancing Out the Airplane Window

Guide To Canadian Tax Rules on Benefits Arising from Use of Corporate Assets (Money, Trips, Boats, Cars, Space Trips etc.), Tax Lawyer Explains

Introduction Business owners are often tempted to dip into the corporation’s pockets to pay for personal expenses. A temptation which seems like a relatively insignificant transgression but in reality, is a decision that can create dire tax consequences. A corporation paying amounts for a purpose other than earning income...

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Are You Entitled to Receive the Canada Child Benefit (CCB)? ‘Tax Residence’ is Key, Plus How to Determine if You’re Tax Resident

Introduction – The Canada Child Benefit (“CCB”) Where it applies, subsection 122.61(1) of the Income Tax Act entitles an “eligible individual” to the Canada Child Benefit (“CCB”). The CCB is defined as an overpayment to ensure it remains a tax-free payment to the recipient. Many provinces in Canada (including...

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Case Commentary: Persaud v The King – When Can You Claim Tax Deductions (including Medical Bills) for Dependants? Tax Residence in Canada is Key

Introduction: Dealing with Tax Residence When Claiming a Deduction for a Dependant Several provisions of Canada’s Income Tax Act (the “Tax Act”) allow individuals to claim medical expenses as a deduction. This includes subsection 118.2 of the Tax Act, which allows a taxpayer to claim medical expenses for a...

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Tax Court of Canada Rejects the CRA’s Attempt to Apply Gross-Negligence Penalties in Statute-Barred Years: Fuhr, et al v The King, 2024 TCC 43

Introduction: Statute-Barred Taxation Years Canada’s Income Tax Act generally bars the Canada Revenue Agency from reassessing a taxpayer’s taxable income or tax payable after the expiry of the “normal reassessment period.” For most taxpayers, the normal reassessment period expires three years from the date that the CRA issued the...

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A Canadian Tax Lawyer’s Guide to Tax Obligations for Foreign Home Buyers in Canada: Bakhtiari v British Columbia (Minister of Finance), 2023 BCSC 1260

Introduction: Restrictions on Foreign Home Buyers Via Taxes Canada has had the reputation of being welcoming towards immigrants at least for the past decades. However, there has also been a series of federal and provincial tax policies implemented in an attempt to restrict foreign non-resident of Canada home buyers...

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