• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
HKL Tax Law

HKL Tax Law

Montreal Tax Lawyer

  • Why Us?
  • VDP & Taxpayer Relief
  • Tax Audits & Assessments
  • Tax Litigation
  • Blog
  • FR

You Have to Attend Your Own Appeal

EL · March 8, 2024 ·

Photo by Jaiju Jacob

A recent decision of the Tax Court of Canada deals with the situation of a husband who transferred money to his wife while having an outstanding tax debt balance. The CRA therefore went after the wife (the appellant in this case) to claim that money back.

Although the wife was the appellant, she did not testify, nor did she appear in court. The only person who testified was her husband. He claimed that the money that was transferred to her were shareholder loan repayments. In dismissing the appeal, the judge wrote:

18 The contention that the appellant directed her corporation to loan monies to her husband to pay her expenses rather than paying them herself or directing her corporation to pay them, is sufficiently atypical that reliable documentary evidence becomes all the more important.

19 Without documentary evidence, it would have been helpful to hear the appellant testify on her own behalf as to the arrangement rather than to hear only Mr. Remtulla’s account. Mr. Remtulla appeared to handle most of Chrisalex’s and the appellant’s financial affairs, but it would have increased the plausibility of the arrangement to hear the appellant’s understanding of it in her own words. I draw an adverse inference from her absence that her testimony would not likely have been helpful to the appellant’s case.


Any explanation put forward to support a taxpayer’s position needs to be substantiated. A “plausible” explanation does not meet the threshold, especially when the appellant chose not to testify. In fact, the appellant’s failure to testify led the Court to draw an adverse inference that, even had she done so, her testimony would not have been helpful to her case.

Tax Collection / Recouvrement Credibility, Non-arm's length transfers

Primary Sidebar

Categories

  • Audits / Vérifications
  • Director Liability / Responsabilité des administrateurs
  • Disallowed Deductions / Déductions refusées
  • GAAR / Règle anti-évitement générale
  • GST & QST / TPS & TVQ
  • Income Inclusions / Sommes à inclure dans le revenu
  • Legal Representatives / Représentants légaux
  • Losses Carryover / Report des pertes
  • Other / Autre
  • Penalties / Pénalités
  • Registered Plans / Régimes enregistrés
  • SR&ED / RS&DE
  • Tax Collection / Recouvrement
  • Tax Debt / Dette fiscale
  • Tax Treaties / Conventions fiscales
  • Taxpayer Relief / Allègements fiscaux
  • Unreported Income / Revenu non déclaré
  • VDP / PDV

RSS HKL Tax Law

  • Une cession de créance ne constitue pas un paiement
  • Jumping on the Airbnb Bandwagon Comes with GST/HST
  • The New Residential Rental Property Rebate – When Do We Start Counting for the One-Year Occupancy Requirement?
  • Applicability of GST on the Sale of a New House (for Non-Builders and Builders)
  • Can Break Fees “Reasonably Be Considered” to Have Been Received as an Inducement? (Revisited)
  • Alternative Basis or Argument, But Within Limits
  • You Have to Attend Your Own Appeal
  • Les demandes faites dans le cadre du Programme des divulgations volontaires sont une course contre le temps
  • Shopify: Expect Tighter Enforcement Going Forward
  • Les méthodes indirectes de vérification dont disposent l’ARC et Revenu Québec

Tel: (514) 503-7719 • Fax: (514) 807-4755 • Email: info@hkltax.com

Address: 1440 Sainte-Catherine West, #522, Montreal, QC H3G 1R8

HKL Tax Law

© 2024 HKL Droit Fiscal / HKL Tax Law | Tous droits réservés | All Rights Reserved