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Charity Law Insights - February 2008
What are “Books and Records”?
The Investigatory Powers of the CRA and Section 231.2 of the Income Tax Act
The Price of Incorporating is Eternal Vigilance
What are “Books and Records”?
- Arthur Drache
There is a general requirement for all taxpayers (and charities fall into this generic category) to keep books and record for various tax purposes. However, the vast majority of charities do not face issues relating to books and records until hit with an audit, at which time they may well discover that in the eyes of the CRA auditor they are in breach of the requirements dealing with record keeping.
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The Investigatory Powers of the CRA and Section 231.2 of the Income Tax Act
- Sebastien Desmarais
On September 18, 2007, Mr. Justice Roger Hughes of the Federal Court issued a partial judgment in the matter of eBay Canada Limited and eBay CS Vancouver Inc v. MNR (eBay v. MNR) . The issues of the matter focused on the interpretation and the reach of section 231.2 of the Income Tax Act (ITA).
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The Price of Incorporating is Eternal Vigilance
- Adam Aptowitzer
A recent case decided by the Ontario Superior Court of Justice should strike fear in the hearts of those who ignore their obligations to update their corporate records. In the case of the Warriors of the Cross Asian Church v. Misih et al the Court found that the only appropriate remedy for a corporation with woefully outdated records in contravention of the legislation was to dissolve the corporation.
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