Abdollahpour v. Banifatemi: Use of the Word “Dowry” Not Enough to Import Cultural Expectations into Deed of Gift
In Abdollahpour v. Banifatemi, 2015 ONCA 834, the Ontario Court of Appeal ruled on how particular cultural practices should be treated when being used as a basis for legal arguments. The case involved an Iranian couple who separated after more...
Introduction
On March 22, 2016, Minister of Finance Bill Morneau tabled the highly anticipated 2016 Federal Budget (the “Budget”), the Liberal Government’s first budget, entitled “Growing the Middle Class”. We are pleased to provide our summary of tax measures contained in...
Business Income Tax Measures
IN THIS SECTION: Expanding Tax Support for Clean Energy Emissions Trading Regimes Small Business Taxation Life Insurance Policies Debt Parking to Avoid Foreign Exchange Gains Valuation for Derivatives Eligible Capital Property Expanding Tax Support for Clean Energy Currently, the Tax...
International Tax Measures
IN THIS SECTION: Base Erosion and Profit Shifting Cross-Border Surplus Stripping Extension of the Back-to-Back Rules Back-to-Back Shareholder Loan Rules Base Erosion and Profit Shifting Base erosion and profit shifting (“BEPS”) is the term used to refer to tax planning...
Personal Income Tax Measures
Canada Child Benefit The Canada child tax benefit (the “CCTB”) is a non-taxable benefit which is paid based on a family’s adjusted net income and the number of children in the family. There are three general components to the CCTB:...
Sales and Excise Tax Measures
IN THIS SECTION: Health Measures Exported Call Centre Services Reporting of Grandparented Housing Sales GST/HST on Donations to Charities De Minimis Financial Institutions Application of GST/HST to Cross-Border Reinsurance Closely Related Test Restricting the Relief of Excise Tax on Diesel...
Other Measures
IN THIS SECTION: Charities and Not-for-Profit Measures Aboriginal Tax Policy Charities and Not-for-Profit Measures In addition to clarifying some pertinent tax rules relating to charities, the Budget includes some disappointing announcements. Previous Budget Measures (a) Capital Gains Exemption for Donations...
Previously Announced Measures
The Budget confirms the Federal Government’s intention to proceed with certain tax and related measures that were announced in the current session of Parliament but have not yet been legislated, specifically: the common reporting standard established by the Organisation for...
Testamentary Freedom and Policy Constraints
It is a hallmark of common law jurisdictions that testators have freedom of testamentary disposition , subject only to three exceptions. In other words, an individual may dispose of his or her property as he or she wishes, even if...
Recent Jurisprudence Regarding the Provincial Residency of Trust in Canada
Abstract The jurisdiction in which a trust is resident is relevant for Canadian federal and provincial tax reasons because a trust pays income tax to whatever country and province that the trust is resident in. 2012 decision of the Supreme...
