Court |
Tax |
Link |
Take-away |
CAAD |
PIT |
Here |
Payment of a partner’s personal expenses should be treated as an advance on profits unless proven otherwise. |
CAAD |
CIT |
Here |
CIT (withholding tax) on dividends paid to non-resident ICOs is incompatible with European legislation. |
CAAD |
CIT |
Here |
It is up to the PTA to demonstrate, per worker and per period, the (illegitimate) simultaneous deduction of daily allowances, meal allowances and travel and subsistence expenses. |
CAAD |
CIT |
Here |
The CIT deductibility of interest paid on non-interest bearing supplementary capital contributions depends on a genuine business purpose for the indirect financing (which is assumed in the case of a holding company). |
CAAD |
CIT |
Here |
The PTA cannot correct an PIT declaration based on information provided by the Swiss Tax Authorities without qualifying the nature of the income. |
CAAD |
CIT |
Here |
The mere redemption/withdrawal of capital invested in unit-linked insurance does not constitute income taxable under PIT. |
CAAD |
CIT |
Here |
Banking fees and Management fees are PIT deductible expenses for the purpose of calculating capital gains on securities. |
CAAD |
CIT |
Here |
The acquisition value for the purposes of calculating capital gains in PIT in an exchange is the value that served as the basis for the RETT in the purchase of the property given in exchange. |
CAAD |
CIT |
Here |
The offsetting, with company funds, of the partner’s debts to the company is equivalent to dividend distribution. |
CAAD |
CIT |
Here |
Dividends received by insurers under unit-linked contracts do not benefit from a participation exemption in CIT. |
CAAD |
CIT |
Here |
The nullity (for lack of a deed) of mutual agreements between the company and the managing partner does not allow the AT to presume that the flow is an advance on profits. |