What is the test for determining whether a corporation’s pre-tax income is not available to a payor?
British Columbia, Canada
The following excerpt is from R.A. v W.A, 2021 BCSC 637 (CanLII):
The onus is on the payor to provide the necessary evidence that the corporation’s pre-tax income is not available to the payor: Hausmann v. Klukas, 2009 BCCA 32 at paras. 51–52.
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