Investissement Boeckh Inc. v. Agence du revenu du Québec, 2023 QCCA 633 -- summary under Provincial Law

By services, 11 May, 2023

In finding that it was appropriate to apply, in interpreting a Quebec Taxation Act provision, the interpretation that had been accorded in Vancouver Metal Arts to the similar federal provision on which the Quebec provision had been modelled, the Court stated (at paras. 46, 48, TaxInterpretations translation):

[T]he legislature … clearly wished to favour a harmonization in this regard between the Quebec and federal tax regimes. An interpretation of TA section 250.3 that differed from that of its federal equivalent in ITA subsection 39(5) would derogate from this legislative objective. …

[I]n tax matters, where the federal and provincial provisions are appreciably in the same form, a presumption of coherence between the two provisions should prevail.

Topics and taglines
Tagline
presumption of coherence in interpreting similar federal and provincial provisions
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
677420
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
677421
Extra import data
{
"field_legacy_header": "",
"field_override_history": false,
"field_sid": "",
"field_topic_category": "seealso"
}
Workflow properties
Workflow state