Kau v. The Queen, 2018 TCC 156

JurisdictionFederal Jurisdiction (Canada)
CourtTax Court (Canada)
Citation2018 TCC 156
Date31 July 2018
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
6 practice notes
  • 3792391 Canada Inc. v. The King, 2023 TCC 37
    • Canada
    • Tax Court (Canada)
    • March 8, 2023
    ...as evidence that Sebastiana Trimarchi lived in Canada, Counsel for the Respondent referred to this Court’s decision in Kau v R, 2018 TCC 156 at paras 20-22. In that decision, Justice Russell found that statements as to residency can be wrong, intentionally or not, and should not unco......
  • Section 116: A Purchaser's Liability In A Real Estate Transaction When Buying From A Potential Non-resident
    • Canada
    • Mondaq Canada
    • September 20, 2021
    ...non-resident does not disclose their non-residency. The single case heard by the Tax Court of Canada on this issue was in Kau v. The Queen 2018 TCC 156. In Kau, the purchaser acquired a Toronto condominium unit. The purchaser knew that the vendor did not live in the condo and that it was an......
  • Section 116: A Purchaser's Liability In A Real Estate Transaction When Buying From A Potential Non-resident
    • Canada
    • Mondaq Canada
    • September 20, 2021
    ...non-resident does not disclose their non-residency. The single case heard by the Tax Court of Canada on this issue was in Kau v. The Queen 2018 TCC 156. In Kau, the purchaser acquired a Toronto condominium unit. The purchaser knew that the vendor did not live in the condo and that it was an......
  • Tenants Beware: The Risks Of Landlord Tax Liabilities
    • Canada
    • Mondaq Canada
    • February 9, 2024
    ...the Court maintained was not sufficient for the Appellant to rely on for determining the residency status of Trimarchi. Citing Kau v R, 2018 TCC 156, the Court stated that such a statement as to residency is not conclusive, intentionally or not, and should not be unconditionally accepted wh......
  • Request a trial to view additional results
1 cases
  • 3792391 Canada Inc. v. The King, 2023 TCC 37
    • Canada
    • Tax Court (Canada)
    • March 8, 2023
    ...as evidence that Sebastiana Trimarchi lived in Canada, Counsel for the Respondent referred to this Court’s decision in Kau v R, 2018 TCC 156 at paras 20-22. In that decision, Justice Russell found that statements as to residency can be wrong, intentionally or not, and should not unco......
5 firm's commentaries
  • Section 116: A Purchaser's Liability In A Real Estate Transaction When Buying From A Potential Non-resident
    • Canada
    • Mondaq Canada
    • September 20, 2021
    ...non-resident does not disclose their non-residency. The single case heard by the Tax Court of Canada on this issue was in Kau v. The Queen 2018 TCC 156. In Kau, the purchaser acquired a Toronto condominium unit. The purchaser knew that the vendor did not live in the condo and that it was an......
  • Section 116: A Purchaser's Liability In A Real Estate Transaction When Buying From A Potential Non-resident
    • Canada
    • Mondaq Canada
    • September 20, 2021
    ...non-resident does not disclose their non-residency. The single case heard by the Tax Court of Canada on this issue was in Kau v. The Queen 2018 TCC 156. In Kau, the purchaser acquired a Toronto condominium unit. The purchaser knew that the vendor did not live in the condo and that it was an......
  • Ontario and Toronto Land Transfer Tax Update 2018
    • Canada
    • JD Supra Canada
    • December 17, 2018
    ...articles of incorporation. Although it arose in a different context, the recent judgment of the Tax Court in the case of Kau v The Queen, 2018 TCC 156, is instructive on this issue. bennettjones.com Craig Garbe 416.777.7452 garbec@bennettjones.com Jane Helmstadter 416.777.7470 helmstadterj@......
  • Tenants Beware: The Risks Of Landlord Tax Liabilities
    • Canada
    • Mondaq Canada
    • February 9, 2024
    ...the Court maintained was not sufficient for the Appellant to rely on for determining the residency status of Trimarchi. Citing Kau v R, 2018 TCC 156, the Court stated that such a statement as to residency is not conclusive, intentionally or not, and should not be unconditionally accepted wh......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT