Brick Protection Corp. v. Alberta (Treasury) – Are Warranty Providers Subject to Insurance Corporation Tax Under Part IX of the Alberta Tax Act?
The Alberta Court of Appeal released its decision in this appeal on July 21, 2011. Brick Protection Corp. (Brick Protection; now Trans Global Warranty Corp.) was a sister corporation of the Brick Warehouse Corp. (The Brick). Brick Protection sold extended warranties to consumers on appliances and furniture purchased through The Brick. The issue: Was Brick Protection Corp. doing business as an insurance company in Alberta? If so, they would be subject to insurance corporation tax under Part IX of the Alberta Tax Act (the Act; now in the Alberta Corporate Tax Act).
For more on the decision of the Alberta Court of Appeal in Brick Protection Corp. v. Alberta (Treasury), read the commentary in FMC’s Focus on Tax.