Citation: Des Groseillers v. Quebec (Agence du revenu), 2022 SCC 42
Judgement rendered: November 17, 2022
Facts: The taxpayer, an employee donated his tax options to registered charities. During tax audit of his tax returns, the Agence du revenu du Québec (ARQ) added the value of stock options to his employment income. Section 50 of the Quebec’s Taxation Act provides that if an employee transfers stock options received under an employee plan to another person or organization with whom the employee is not having any relation, it is deemed to be taxable employment benefit equal to the monetary value of those options. Further, under section 422 of the Act, such donations are considered to have been made at the fair market value of the stock options at the time of the gift.
The Supreme Court of Canada dismissed the taxpayers appeal and held donated stock options as his employment income under sections 50 and 422 of Quebec’s Taxation Act.
Disclaimer: This is my understanding of this case law and is for general information purpose only. It does not constitute legal or other professional advice or an opinion of any kind.