Fact that taxpayer paid premiums out of personal account did not change taxable nature of benefits

Tax court of Canada | Tax | Income tax | Other income

Minister issued new assessments against taxpayer for amount paid to her under two insurance policies covering business overhead. Taxpayer believed that premiums were not deductible and benefits under business overhead insurance would not be taxable relying on mistaken representation of insurance agent. Taxpayer appealed. Appeal dismissed. Benefits paid took place of expenses of business which taxpayer deducted. Fact that taxpayer paid premiums out of personal account and did not deduct them did not change taxable nature of benefits.

Béliveau c. La Reine (2018), 2018 CarswellNat 3128, 2018 CCI 87, Réal Favreau J. (T.C.C. [General Procedure]).