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| Sender: |
Lionel Smith |
| Date: |
Thu, 19 Jun 2008 15:17 |
| Re: |
Subjective Devaluation in tax law |
Yesterday’s Globe and Mail ran a story about a guy whose employer required him to have a membership at a golf club.
The fees were paid by the employer. The tax man included the annual fee as part of the employee’s income, as a taxable benefit.
The employee successfully argued in the Tax Court of Canada that he did not like golf, he did not play golf, and he held the membership only because he was required to; hence, there was no benefit to him, but only to his employer. Bowman J. held that there is a taxable benefit only if the taxpayer ... benefited.
Lionel
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