Subsection 230(1) - Records and books
Cases
Sidhu v. MNR, 93 DTC 5453 (FCA)
The trial judge had committed an error of law when he concluded that failure of the taxpayers to keep proper records of wages paid by them to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Evidence | 39 |
R. v. McKinlay Transport Ltd., 85 DTC 5537, [1986] 1 CTC 29 (Ont. Prov. Ct.), aff'd 87 DTC 5438, [1987] 2 CTC (S.C.O.)
Sections 230(1) and 230(3) are necessarily incidental to the federal powers of taxation exercised under the Act, and accordingly are not ultra...
Administrative Policy
90 C.P.T.J. - Q.18
Electronically-produced data generally is considered to be "records".
88 C.R. - F.Q.11
Although the auditor has no statutory right to examine the records of a foreign subsidiary, the Canadian parent is expected to make available all...
IC 78-10R2 "Books and Records Retention/Destruction"
IC 77-9R "Books, Records and Other Requirements for Taxpayers Having Foreign Affiliates"
Subsection 230(2) - Records and books
Cases
Prescient Foundation v. Canada (National Revenue), 2013 DTC 5101 [at 6044], 2013 FCA 120
The appellant ("Prescient") and several other registered charities were intermediaries in a series of transactions (the "Farm Sale Transactions"),...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 149.1 - Subsection 149.1(1) - Charitable Foundation | 355 | |
| Tax Topics - Income Tax Act - Section 149.1 - Subsection 149.1(1) - Related Business | 127 |
Subsection 230(2.1) - Idem, lawyers
Cases
Thompson v. Canada (National Revenue), 2013 DTC 5146 [at 6296], 2013 FCA 197, rev'd 2016 SCC 21
In finding that a lawyer's list of client names were not automatically protected by solicitor-client privilege, Trudel JA also disagreed with the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 232 - Subsection 232(1) - Solicitor-Client Privilege | clients' names not generally privileged | 151 |
Subsection 230(3) - Minister’s requirement to keep records, etc.
Cases
R. v. McKinlay Transport Ltd., 87 DTC 5438 (S.C.O.)
Books and records were not inadequate by virtue only of the fact that they were kept at the Michigan premises of an American holding company.
Subsection 230(4) - Limitation period for keeping records, etc.
See Also
Hill Fai Investments Ltd. v. The Queen, 2015 DTC 1158 [at 1012], 2015 TCC 167
The taxpayer claimed a capital loss for its 2006 taxation year for loans, which it alleged it had made to its subsidiary and had reported in its...
Tibilla v. The Queen, 2013 DTC 1174 [at 946], 2013 TCC 215, aff'd 2014 DTC 5125 [at 7322], 2014 FCA 227
The taxpayer bought a property in November 2002 for $172,000 and sold it for $285,000 in December 2007. The taxpayer claimed that his costs...
Administrative Policy
11 May 2015 External T.I. 2014-0548841E5 - Retention of Books and Records
In response to a question concerning the interaction between the general requirements with respect to the retention of books and records in s....
14 June 2013 External T.I. 2012-0461301E5 F - Retention of books and records
In response to a general inquiry respecting the inter-relationship between ITA s. 230(4) and Reg. 5800(1), CRA paraphrased s. 230(4), and Regs....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 5800 - Subsection 5800(1) | 157 |
Subsection 230(4.1) - Electronic records
Administrative Policy
17 July 2014 External T.I. 2014-0526121E5 - Electronic records
An individula intends to store electronic images of all relevant information (including receipts) respecting past income tax filings on an...
IC 05-1R1 "Electronic Record Keeping" June 2005
23. When original source documents and records are in an electronic format, they must be kept in an electronically readable format even if they...