Saskferco Products Inc. v. The Queen, 2007 DTC 1183, 2007 TCC 462, aff'd 2008 FCA 297 -- summary under Foreign Exchange

By services, 28 November, 2015

In rejecting a submission of the taxpayer that foreign exchange losses on U.S. borrowings of the taxpayer were on income account because those U.S. dollar borrowings were hedged by a stream of U.S.-dollar revenues of the taxpayer, Woods J. stated (at para. 74):

The principle that a foreign exchange gain or loss on indebtedness takes its character from the character of the indebtedness has been followed in a long line of jurisprudence in this country and in the United Kingdom.

In the Court of Appeal, Evans JA stated (at para. 34):

The attribution of foreign exchange gains or losses on income account for tax purposes when income transactions are hedged by derivative contracts is an inadequate basis for extending them to commercially independent transactions and thereby departing from the well-accepted principle that foreign exchange losses on the repayment of a loan take their character from that of the loan itself.

Topics and taglines
Tagline
loan repayments on capital account
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
339089
Extra import data
{
"field_legacy_header": "<strong><em>Saskferco Products Inc. v. The Queen</em></strong>, 2007 DTC 1183, 2007 TCC 462, aff'd 2008 FCA 297 <strong>[loan repayments on capital account]</strong>",
"field_override_history": false,
"field_sid": "",
"field_topic_category": "seealso"
}