What is the interplay between s. 17(1) and 18(1)(a) of the Income Tax Code?
British Columbia, Canada
The following excerpt is from M.S. v. M.M., 2015 BCSC 1599 (CanLII):
In Hodgkinson v. Hodgkinson, 2011 BCSC 634, Grauer J. considered the interplay between s. 17(1) which permits the court to have regard to a spouse’s income over the last three years if it is of the opinion that the determination of annual income under s. 16 would not be the fairest determination of that income, and s. 18(1)(a) which permits the court to consider all or part of the pre-tax income of a relevant corporation for the most recent taxation year.
"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
What is the impact of Canada on a payor's income under section 19(1)(c) of the Income Tax Code? (British Columbia, Canada)
Does s. 3(2)(b) of the Income Tax Code require spouses to share expenses with each other in proportion to their respective incomes? (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)
When will a court set a payor’s average income under s. 16 of the Income Tax Code? (British Columbia, Canada)
What is the effect of section 17 of the Income Tax Code on a spouse’s income over the past three years? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
What is the interpretation of s. 2.1(1) of the Income Tax Code on a vessel? (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)
What is the proper way to determine income for purposes of the Income Guidelines? (British Columbia, Canada)
What grounds can be used to impute income under the Income Tax Guidelines? (British Columbia, Canada)
