Agences Kyoto ltée v. Agence du revenu du Québec, 2023 QCCQ 2921 -- summary under Evidence

By services, 15 July, 2023

The ARQ denied the deduction of the full amount of the management fees paid by the taxpayer (AK) to its wholly-owning parent (GAK) on the basis inter alia that there was no contract for management services between AK and GAK and that GAK in fact did not render any management services to AK. In allowing the deductions in full, Richard JCQ stated (at para. 21, Tax Interpretations translation):

Despite the absence of a written contract, resolution or other documentation, [an AK/GAK director] convinced the Court that numerous acts of management were performed by GAK for the benefit of AK, notably in the negotiation of financing, acquisition opportunities, the determination of rents and the payment of life insurance policies for its directors, of which GAK is the beneficiary.

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no requirement for management fees to be pursuant to a written management agreement
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
679187
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
679188
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