On May 29, 2017, the Tax Court of Canada rendered its judgment in Struck v. The Queen, 2017 TCC 94, holding that the taxpayer’s corporation had conferred a shareholder benefit on the taxpayer by making mortgage payments for his personal residence.
How consistent was this decision with prior decisions? Our Tax Foresight analysis of the case follows.
In Struck, the benefit at issue related to mortgage payments made by the corporation. Though the property was in another shareholder's name throughout the years at issue, Mr. Struck had constructed his personal residence on the property. The mortgage was recorded as part of the corporation’s long-term debt, and the corporation paid the mortgage for the property during the years at issue.
Mr. Struck testified that there was an agreement between the shareholders and the corporation that since the mortgage proceeds were advanced to the corporation to be used for its business, the corporation would take on the mortgage liabilities and make the corresponding mortgage payments
However, Mr. Stuck was not able to provide any documentary evidence corroborating this testimony that the mortgage proceeds were advanced to the corporation for its own benefit.
Accordingly, the Court held that the corporation conferred a benefit on Mr. Struck when it made the mortgage payments on the property during the years at issue, such that those payments were taxable as a shareholder benefit under subsection 15(1) of the Income Tax Act.
This decision highlights the importance of maintaining clear evidence to corroborate that the corporation is receiving a benefit and not the shareholder alone.
Sign up for the Blue J newsletter today.
Whether you have questions or are interested in booking a demo, we would love to hear from you.