回复: 70w刀,在5个人名下,可以全部汇到我BMO的账户吗?
这个案例,看得人毛骨悚然,值得认真看看。
http://decision.tcc-cci.gc.ca/en/2011/2011tcc271/2011tcc271.html
1。CRA用net worth audit的方法控Mr.Ha 在2000到2003年共应税收入272,000:
The Minister of National Revenue (the “Minister”) reassessed the Appellant’s income tax liability on a net worth basis to include in income the amounts of $91,232, $50,125, $64,540 and $66,596 for 2000, 2001, 2002 and 2003, respectively.
2。法庭最后采纳共减少72,000,大多基础在很硬的证据上或CRA明显的计算错误(当然是Mr.ha举证):
Conclusion
[53] The appeals are allowed and the unreported income is to be reduced by the following amounts:
2000 taxation year
(a) Transfer of $6,200 from the Appellant’s spouse;
(b) Loan received from Binh A. Mac in the amount of $13,000;
(c) The RRSP in the amount of $9,043.87 which was withdrawn pursuant to the Home Buyer’s Plan;
(d) The amounts of $956.13 and $8,000 which were duplicated in the net worth calculations;
(e) The Visa advance of $681.
2001 taxation year
(a) Transfer of $1,400 from the Appellant’s spouse;
2003 taxation year
(a) The insurance proceeds of $32,824.85.
[FONT=宋体]以下是能找到的最新的NWA法庭判例:[/FONT]
Recently, on June 6, 2011, the Tax Court of Canada released its decision in Long Ha v. The Queen. The case was actually very interesting (from a factual perspective).
This case involved a sole proprietorship that was assessed income tax and goods and services tax (GST) on a net worth assessment basis. The main focus of the appeal was the GST assessment. Interestingly, Mr. Ha was partially successful in showing that CRA's net worth calculation was incorrect.
Most interesting is how the case began. On June 8, 2002, Mr. Ha was returning to Canada and was sent to a secondary inspection by the Canada Border Services Agency. In the secondary search, $40,000 in cash was discovered. The matter was referred to the Royal Canadian Mounted Police (RCMP) who did not seize the cash. However, the RCMP were not satisfied with Mr. Ha's explanations as to why he had such a large amount of cash in his possession, the RCMP sent a referral to the Canada Revenue Agency (CRA) who reviewed Mr. Ha's income tax returns. The CRA found that the $40,000 was not explained by Mr. Ha's income tax returns. The CRA took the position that Mr. Ha had unreported income from business (Mr. Ha was a salal picker and fisherman). The CRA conducted a net worth assessment based on a bank deposit analysis, bank statements, mortgage applications and mortgage statements. The schedule for personal expenditures was calculated using Statistics Canada information to estimate the costs for a single individual. The CRA assessed Mr. Ha income tax and GST.
Mr. Ha conceded that his income was under reported. However, he disputed the CRA's net worth calculation as too high. The CRA felt Mr. Ha's calculation of his unreported income was too low. The Tax Court had to find the right answer. The Tax Court found that Mr. Ha's evidence was not credible. His explanation concerning the $40,000 changed each time he told it. When he was stopped in the Vancouver International Airport, he told the authorities that the $40,000 in his possession was from his employment as a fisherman and from a restaurant business. On December 12, 2004, he told a CRA auditor that the $40,000 was from his savings, salal picking and a few hundred dollars from friends. At the hearing before the Tax Court, Mr. Ha testified that the $40,000 was a loan or gift given to him.
After determining that Mr. Ha's evidence was not credible, the Tax Court found that the evidence of a number of witnesses was credible. As a result, the Tax Court reduced the net worth assessment by the certain amounts that, based on the evidence, were not attributable to business activities (e.g. were loans, insurance proceeds, transfer from spouse, a withdrawal from an RRSP, etc.).
从这个判例可以看出,即便是40,000现金,即便原告的credibility是如此之差,他仍然能部分得值。如果原告拿出的是bank statemen,你猜猜结果会怎么样。
这个案例,看得人毛骨悚然,值得认真看看。
http://decision.tcc-cci.gc.ca/en/2011/2011tcc271/2011tcc271.html
1。CRA用net worth audit的方法控Mr.Ha 在2000到2003年共应税收入272,000:
The Minister of National Revenue (the “Minister”) reassessed the Appellant’s income tax liability on a net worth basis to include in income the amounts of $91,232, $50,125, $64,540 and $66,596 for 2000, 2001, 2002 and 2003, respectively.
2。法庭最后采纳共减少72,000,大多基础在很硬的证据上或CRA明显的计算错误(当然是Mr.ha举证):
Conclusion
[53] The appeals are allowed and the unreported income is to be reduced by the following amounts:
2000 taxation year
(a) Transfer of $6,200 from the Appellant’s spouse;
(b) Loan received from Binh A. Mac in the amount of $13,000;
(c) The RRSP in the amount of $9,043.87 which was withdrawn pursuant to the Home Buyer’s Plan;
(d) The amounts of $956.13 and $8,000 which were duplicated in the net worth calculations;
(e) The Visa advance of $681.
2001 taxation year
(a) Transfer of $1,400 from the Appellant’s spouse;
2003 taxation year
(a) The insurance proceeds of $32,824.85.
3。Mr.Ha 叫了6个证人,基本上都是说借给他多少多少钱。法庭大多没采纳,还差点还把一个朋友给卖进取。
4。这个当事人吃大亏了,这一搞,要破产了。估计,这种算法有点冤他了,我们都知道一般亚裔家庭消费都比较节省,CRA按加拿大平均统计家庭消费来算,这样节省的钱都算到未报收入里了。
4。这个当事人吃大亏了,这一搞,要破产了。估计,这种算法有点冤他了,我们都知道一般亚裔家庭消费都比较节省,CRA按加拿大平均统计家庭消费来算,这样节省的钱都算到未报收入里了。
这因为小小的4万块,输大了。