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HKL Tax Law

HKL Tax Law

Montreal Tax Lawyer

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GST/HST Rebate Application Filed Too Late

EL · October 23, 2020 ·

The taxpayer, a dentist, purchased a practice from another dentist. The taxpayer was under the understanding that the parties would file an election under subsection 167(1) of the Excise Tax Act to avoid paying GST/HST. For reasons that are unclear, no such election was filed.

Monetary Awards Are Characterized Based on What They Are Intended to Replace

EL · October 22, 2020 ·

This case dealt with whether the monetary award received by the taxpayer following a labour dispute was taxable as income. The labour dispute revolved around the fact that the taxpayer was not offered the opportunity to work overtime whereas the collective agreement stated that overtime work would be offered on an equitable basis to readily available qualified employees.

Donative Intent, Really?

EL · October 20, 2020 ·

In this case, the taxpayer withdrew money from his RRSP in 2004. In order to offset the tax he would have had to pay, he made a charitable donation of $65,000 to the Canadian Literacy Enhancement Society (“CLES”). In 2008, the CRA reassessed the taxpayer’s 2004 taxation year to disallow the federal and provincial tax credits he claimed in relation to that payment.

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Legislation

• Canada Pension Plan
• Customs Act
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Employment Insurance Act
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Excise Act, 2001
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Excise Tax Act (GST)
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Act respecting the QST
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Income Tax Act
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Taxation Act (Quebec)
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Tax Administration Act (Quebec)
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Old Age Security Act

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