• 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

Taxpayer “Ought to Have Known” About the Shareholder Benefits

EL · March 15, 2022 ·

Photo by Scott Graham on Unsplash

The taxpayer was a successful businessman. He was the sole shareholder of a holding corporation which in turn owned a majority stake in another corporation carrying on a logging business (BBH Ltd.). The taxpayer was assessed shareholder benefits because BBH Ltd. (of which he was also a direct shareholder) paid premiums in respect of insurance policies that insured his life and that of his spouse and for which the beneficiaries were his spouse and stepchildren. Specifically, the CRA included in the taxpayer’s income $152,116.41 (which the Crown later agreed to reduce to $106,703.26), $228,925.09 and $140,973.01 for the 2013, 2014 and 2015 taxation years, respectively.

To support his position, the taxpayer stated that “his stepdaughter [who was] a licensed insurance broker, was responsible for his insurance portfolio and made various changes to the beneficiary designations without his knowledge. The [taxpayer] asserted that he did not know that there was a policy insuring the life of his spouse nor did he know that his spouse or his stepchildren were beneficiaries of any of the policies.”[1] Due to his lack of knowledge, the taxpayer argued that the corporation did not “confer” a benefit upon him. Thus, according to the taxpayer, what happened was merely an accounting entry mistake “facilitated” by his trust in his stepdaughter.

Generally, a corporation has to use the traditional route of declaring a dividend in order to flow money to its shareholders. When instead of doing that the corporation provides “benefits” (broadly interpreted) to a shareholder, those benefits are taxable. Whether the taxpayer was aware that the corporation conferred benefits upon him is not determinative as “a benefit may be conferred without intent or actual knowledge on the part of the shareholder and […] it is open to the Court to conclude that the circumstances are such that the shareholder ought to have known.”[2] Therefore, whether the taxpayer knew or not, he ought to have known, especially in light of the significant amounts of the life insurance premiums. Other factors also weighted in the Court’s judgment, including the fact that the taxpayer did not call his stepdaughter (the licensed insurance broker) to testify. The taxpayer’s appeal was dismissed with costs.


[1] Para. 8.

[2] Para. 20.

Income Inclusions / Sommes à inclure dans le revenu Shareholder Benefits

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