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.
Credibility
Lending Activity Did Not Possess the Positive Indicia of a “Business”
The appellant was a businessman who made his fortune in the oil and gas industry. In order to fructify his capital, he decided to lend money to third parties. When two companies to which he lent money went bankrupt, he claimed business losses in relation to the loans he made to these two companies.