09/09/2026
Event 5: The on-reserve business the CRA taxed anyway, until the Court stepped
in
A status Indian ran a brush-clearing business from his home on the Fort Nelson Indian Reserve, working for oil and gas companies. The CRA taxed his business income. He appealed.
In 2012, the Tax Court sided with him. Looking at all the connecting factors, where he lived, where the business was based, where the work was organized from, the Court found the income was situated on reserve and exempt under section 87 of the Indian Act.
For my Indigenous clients, the honest version of this story has two halves. The exemption is real, and it wins in court when the facts genuinely connect the income to the reserve. But the courts read those connecting factors carefully, and arrangements built only on paper have repeatedly failed.
Where your business is based, where the work happens, where decisions get made: these details decide the tax outcome. That's true for every business, and doubly true where section 87 may apply.
If your income touches reserve land and nobody has ever walked through the connecting factors with you, that conversation is overdue. It can change everything.
Real cases from the Tax Court of Canada. General information, not advice for your situation.
TaxOnTax Advisory Ltd. | Edmonton, Alberta | taxontax.com