Tenant liability for a non-resident landlord’s tax obligation
Tenant Liability for a Non-Resident Landlord’s Tax Obligation This post is based on a Globe and Mail article written about a 2023 Tax Court of Canada case where a tenant of a non-resident landlord was assessed and held liable for 25% of the rent payment to the landlord for failing to withhold and remit the […]
Are you saying that the assessment wasn’t mailed to you?
Are you saying that the assessment wasn’t mailed to you? This recent tax court case demonstrates the difficulty in supporting the headline assertion by a taxpayer. As this is a common reason given by taxpayers for not appealing their assessment within the statutory 90 days limit (or 90 days and 1 year in special cases) […]
Credibility & Reliability Redux
Credibility & Reliability Redux In this recent TCC case the appellant had their 2006 tax return reopened despite it being outside the statute barred period and was reassessed for charitable donations that the CRA believed that he did not make but claimed regardless. As a reminder, the CRA’s assessment of tax owing is deemed to […]
Tax Schemes
Tax Schemes I’m on CRA’s enforcement notifications email and this one just came out. The person charged, convicted and jailed under this enforcement, Festus Bayden (his partner Eric Armah was convicted in 2011 and sentenced to 3 years in prison) was a tax preparer who provided clients fraudulent charity tax receipts totaling more than $34 […]
An absurd result
An Absurd Result A couple of days ago I came across this 2019 case (I subsequently came across this 2019 case and this 2020 case that clarifies the court’s interpretation) in which the Ontario taxpayer wrongly claimed the New Housing Rebate and was denied the amount under subsection 297(1) of Part IX of the Excise Tax […]
How the Income Tax Act Works for Gig Workers
How the Income Tax Act Works for Gig Workers H&R Block does a survey each year on gig workers and intentions toward tax. In this year’s survey the notable results are: “When it comes to declaring gig-related income, the research reveals that a significant portion of gig workers are willing to take risks when filing […]
Documentary Evidence is Not a Suggestion
Documentary Evidence is Not a Suggestion Assessed for Tax Owing in the Past 90 Days? This recent tax court case illustrates that reliable records need to be kept throughout the business year and not just considered annually for tax purposes. These words from the judge were particularly biting in making the tax liability worse by […]
Airbnb Apocalypse Part II: The Reckoning
Airbnb Apocalypse Part II: The Reckoning Over the last couple of months I’ve written several posts (Airbnb) (other non-residential use) about the non-intuitive changes in use from what would normally be residential use to commercial use and the severe tax consequences that follow. This recent tax court case on the sale of a condominium unit […]
New Housing Rebates (prior to 2021 amendments)
New Housing Rebates (prior to 2021 amendments) Recently I attended the tax court and witnessed a case where an appellant was denied a New Housing Rebate (NHR). I wrote about what I witnessed in this post. The appellant in that case entered into a purchase and sale agreement for a new build as a “bare […]
Bare Trust Part II: The Unveiling
Bare Trust Part II: The Unveiling Ok. Maybe I’m being a little melodramatic with the title of this post but since I have previously written on Bare Trusts I had to do something fun with the title. What’s not so fun is the new CRA requirement for all trusts to file a return every year […]