Tax Law
Trustees: Distributions and Payments to Minor Children
Wills containing benefits held in trust for minor children would usually include clauses authorizing the estate trustee to distribute from the child’s trust directly to the...
Taxation at Death: Using Rollovers to Defer Taxes
RolloversAccording to the Canadian Income Tax Act there are two circumstances under which death need not bring forth a deemed realization of non-depreciable capital property or...
The Liability of Personal Representatives in Estate Administration
Personal Liability of Personal RepresentativesThe purpose of the personal liability provision is to encourage personal representatives to ensure that they do not overlook their obligations, such...
How We’re Taxed when We Die
A pertinent question often asked in respect of taxation at death is: Would there be any estate taxes or succession duties? Strictly speaking, the answer is...
Understanding Municipal Tax Sales: Legal Challenges
Other Legal Challenges Earlier we have discussed three Municipal Tax Sales clauses, which if applicable, leads to cancellation of sale. Besides cancellation by the treasurer, the...
Some Notes on Municipal Tax Sales
GST On July 1, 2010, the Harmonize Sales Tax (HST) will replace GST in Ontario. However, the province’s municipal tax sales legislation precedes the federal GST...
An Overview of Municipal Tax Sales
As municipal tax sales are not that frequent, it is not uncommon for purchasers to proceed without professional advice. As a consequence, real estate practitioners often...
COMMERCIAL LEASING: The Reality about Realty Taxes
It would appear from the papers reviewed so far in this series that the emphasis was on Commercial Law jurisprudence. There are instances, however, where matters...
INCOME TAX LAW: A Share Purchase vs. an Asset Purchase of an Incorporated Business
This article is attempting to illustrate the type of reasoning necessary in order to decide if an asset purchase or share purchase of an incorporated business...
INCOME TAX LAW: General Anti-Avoidance Rule
The GAAR: Overriding, Overarching or Just Over?In most legal structures, rules and regulations tend to expressly or implicitly instruct or guide a person or any other...
