Release Note

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Publisher’s Note
From Your Library:
2015 — Release 3
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Previous release was 2015-2
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Aron
Tax Aspects of Litigation
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This release adds new commentary to the content of Chapter 2
(The Tax Treatment of Damages); Chapter 6 - The Tax
Consequences of Bankruptcy and Insolvency; Chapter 7
(Issues in Separation and Divorce); Chapter 9 (The
Deductibility of Litigation Expenses); and Chapter 10 (Goods
and Services Tax/Harmonized Sales Tax).
Highlights
This release updates the following chapters:
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Chapter 2 — The Tax Treatment of Damages: Commentary
has been added regarding damages for wrongful dismissal,
deductibility to employer examining the relationship between
employers and employees and employers and contractors in the
following two cases: Greenshield Windows and Doors Ltd. v.
MNR and Diamond D Construction Ltd. v. MNR.
.
Chapter 6 — The Tax Consequences of Bankruptcy and
Insolvency: Commentary has been added under §6.03 Planning
Opportunities regarding conditions of joint and several liability
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and two cases are explored regarding the condition of fair market
value.
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Chapter 7 — Issues in Separation and Divorce: Two separate
cases have been added, one exploring the obligation to pay child
support arising from a court order based on income earning
capacity in §7.02.4 Calculating Annual Income, and the second
discussing the Canada Child Tax Benefit in joint custody
arrangements.
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Chapter 9 — The Deductibility of Litigation Expenses: A case
is examined regarding the taxpayer being awarded costs on a
solicitor-client basis when there are unfounded allegations of a
criminal nature.
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Chapter 10 — Goods and Services Tax/Harmonized Sales
Tax: Commentary has been added regarding the registrant being
unable to claim ITCs prior to registration; the requirements of
boards of directors as provided by the Ontario Business
Corporations Act; the legal framework applicable to the care,
diligence, and skill defence provided by the Excise Tax Act that
applies to the management of boards of directors; and the
following two cases, Doncaster v. R. and Attia c. R, have also
been added to §10.14 Directors Held Liable.
Interpretation Bulletins — The following guides and forms
have been updated:
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New Income Tax Folio S2-F3-C1, Payments from Employer to
Employee, and S4-F16-C1, What is a Partnership? have been
added.
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Income Tax Folios S1-F3-C3, Support Payments, and S1-F3C2, Principal Residence have been updated.
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The following Guide P102 Support Payments has been updated.
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The following forms have been updated:
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Form T1157, Election for Child Support Payments
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Form T1158, Registration of Family Support Payments
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