Is a spouse's allocation of pre-tax corporate income between family purposes assessed for fairness by an impartial tribunal?
British Columbia, Canada
The following excerpt is from S.A.B. v. J.R.B., 2003 BCSC 490 (CanLII):
In Kowalewich v. Kowalewich, 2001 BCCA 450, a similar conclusion was reached when the court said, at para. 44: A court’s effort to ensure fairness does not require a court to second-guess business decisions . . . What it does require is that a spouse’s allocation of pre-tax corporate income between business and family purposes be assessed for fairness by an impartial tribunal when parents cannot reach agreement on priorities as they would in an intact family and may upon separation under s. 15(2).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court order that a spouse's allocation of pre-tax corporate income between family purposes be assessed for fairness by an impartial tribunal? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
How is lost income earning capacity assessed in the context of loss of income for the purposes of a disability assessment? (British Columbia, Canada)
When is a spouse’s income from a corporation divided between family and business purposes? (British Columbia, Canada)
Does the payor spouse have to prove that pre-tax corporate income is not available for support purposes? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
Does the use of income from a capital asset for family purposes constitute a family asset? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
Is a corporation owned and controlled by the payor spouse entitled to pre-tax corporate income? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
