John Oakey

Total 34 Posts

 Website

National Tax Director for Baker Tilly Canada. John has extensive experience with Canadian corporate and personal income taxes with specialization in the areas of corporate reorganizations, estate planning, succession planning and tax compliance. He also has significant experience dealing with GST/HST issues and U.S. citizen cross-border tax reporting issues.

Reversionary trusts – an interesting technicality

• • 0 Comments

Co-author: Rock Lapalme, CPA, CA, TEP (Associate Director of Tax – Baker Tilly Canada) Most practitioners are aware that subsection 75(2) of the Income Tax Act (ITA) may apply to a trust and will attribute all income or loss from a trust’s property back to the person (transferor) from whom the property (or substituted property) was directly or indirectly received if the property may revert to the transferor[i]. In addition….

Reversionary trusts – an interesting technicality Continue Reading »

Tax Issues, Trusts

Beneficial ownership reporting for trusts – the uncertainty is almost here!

• • 0 Comments

The beneficial ownership reporting for trusts (BORT) rules, originally announced in the 2018 Federal Budget on February 27, 2018, has made its way into the House of Commons. The original draft legislation released by Department of Finance on July 27, 2018 was updated on February 4th and on August 9th of 2022. This final update of the BORT draft legislation is now included in the 172 pages of Bill C-32[1]….

Beneficial ownership reporting for trusts – the uncertainty is almost here! Continue Reading »

Canada Revenue Agency, Estate Administration, Tax Issues, Trusts

Principal residence – deceased vs. estate (Part 2): Time is of the essence

• • 0 Comments

In my previous blog, Principal residence – deceased vs. estate, I discussed the opportunity for an estate to claim a capital loss on a property that was previously the principal residence of the deceased and carry it back to the deceased’s final tax return under subsection 164(6) of the Income Tax Act (ITA). A number of readers reached out to me regarding the difficulties of realizing the loss and filing….

Principal residence – deceased vs. estate (Part 2): Time is of the essence Continue Reading »

Estate Administration, Real Estate, Tax Issues

Principal residence – deceased vs. estate

• • 3 Comments

The over-heating of the housing market that started in 2021 is starting to slowly cool off as a result of rising interest rates. This cooling of the over-heated housing market has given rise to a potential scenario that was originally addressed by the Canada Revenue Agency (CRA) in a technical interpretation issued in January of 2009[1]. The potential scenario exists when a decedent is deemed to have disposed of their….

Principal residence – deceased vs. estate Continue Reading »

Estate Administration, Real Estate, Tax Issues

Beneficial ownership reporting – beware of penalties

• • 0 Comments

Proposed regulation subsection 204.2(1) of the Income Tax Act (ITA) introduces a requirement for all trusts, that are required to file a return of income, to provide additional information[1] for each person who, in the year, is a trustee (or protector[2]), beneficiary or settlor[3]. This additional information includes: name, address, date of birth (in the case of an individual other than a trust), and jurisdiction of residence and taxpayer identification….

Beneficial ownership reporting – beware of penalties Continue Reading »

Canada Revenue Agency, Trustee

Disability Tax Credit – 2021 Federal budget proposals – now law

• • 0 Comments

The 2021 Federal budget[1] announced proposed changes to the Disability Tax Credit (DTC) to broaden its scope and provide more clarity.  These proposed legislative changes are now law with an effective date of January 1, 2021[2]. The Disability Tax Credit A taxpayer has access to the DTC when Canada Revenue Agency (CRA) formally approves the T2201 – Disability Tax Credit Certificate. This approved certificate confirms that the taxpayer has a….

Disability Tax Credit – 2021 Federal budget proposals – now law Continue Reading »

Canada Revenue Agency, Disability
Scroll to Top