Income Tax, Income or Capital Gain #31

BC Real Estate Association logo with the words "legally speaking" printed below

By Gerry NeelyB.A. LL.B. The intention of the taxpayer as the determinative factor in whether one hundred per cent of the profit realized on the sale of property is taxed as income, or only fifty per cent as capital gain, is described in the following two cases. In the first one, the taxpayer stated that

Licensee’s Authority to Bind His Principal #30

BC Real Estate Association logo with the words "legally speaking" printed below

By Gerry NeelyB.A. LL.B. Two recent decisions illustrate the extent to which a licensee can create a binding contract of sale by a vendor, in circumstances where the vendor argued that the licensee had acted without authority. In the first case, a purchaser made an offer through the selling agent to purchase the vendor’s house