Minister of National Revenue

Benefits – Taxable or Not? #168

Legally Speaking

By Gerry NeelyB.A., LL.B. National Revenue’s unsuccessful attempt to add to a taxpayer’s income may be of interest to your clients whose employers require them to move and to all licensees wearing uniforms. In two separate cases, payments were made to taxpayers by their employers which the Minister of National Revenue wanted to classify as

Principal Residence Exemptions #42

Legally Speaking

By Gerry NeelyB.A. LL.B. In the first case, the question was whether or not the sale of 9.3 acres made by the taxpayers under threat of expropriation by a municipality, leaving 7/10ths of an acre upon which the taxpayers’ house was situated, was exempt from taxation as falling within the principal residence exemption. Fourteen years

Income Tax, Income or Capital Gain #31

Legally Speaking

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

Income Tax #25

Legally Speaking

By Gerry NeelyB.A. LL.B. One of the results of the reduction in residential sales has been an increase in the number of trades of residential properties between people who can’t find a satisfactory cash buyer. For any one entitled to deduct moving expenses under Section 62 of the Income Tax Act, the question of how the