Featured posts written by our lawyers that provide insight and legal commentary in the area of Tax Law.
Recently, the Federal Court of Appeal has reversed a decision of the Tax Court of Canada in the cases of Chriss and Gariepy. The facts were fairly simple in that the taxpayers, G & C were former directors of a company (“105”) whose affairs and business was managed and operated by their respective husbands.read more
On May 18, 2016, the Supreme Court of Canada heard submissions on two rectification cases: Attorney General of Canada v. Fairmont Hotels Inc., et al. (“Fairmont”) and Jean Coutu Group (PJC) Inc. v. Attorney General of Canada (“Coutu”).read more
Section 160 of the Income Tax Act, R.S.C. 1985 (5th Supp.), c.1 (the “Act”), bestows on Canada Revenue Agency the ability to assess an individual for taxes owing by another taxpayer if the tax debtor transferred money or assets to the individual for less than fair market value.read more
Recent media coverage about leaked documents from a Panama law firm has caught the attention of taxpayers worldwide. Although the focus in this far reaching probe appears to be restricted to the ultra-rich, it is a sober reminder of the need for all taxpayers who may not be compliant to take the necessary steps to correct that situation.read more
The Income Tax Act (the “Act”) contains a number of provisions which allow taxpayers to amend documents previously filed when those documents contain errors. Obvious examples which come to mind involve rollover elections under S.85 of the Act which are either late filed or which require amendment.read more
With tax season fully underway, many individuals turn to accountants and other tax preparers to assist in completing their returns. However, hiring someone to assist in the preparation of a return does not absolve the Taxpayer of their responsibilities in ensuring the information is complete and accurate.
The Income Tax Act requires that, in order for a taxpayer to deduct expenses from their employment income, the taxpayer must be required to incur those expenses under their employment contract.read more
A Notice of Intention to Revoke (“NIR”) charitable status is a serious sanction that Canada Revenue Agency (“CRA”) can levy against a charity that flaunts its legislative requirements. If you are operating a charity, and would like more information on your requirements to maintain your charitable status, contact us.read more
Justice Campbell of the Tax Court of Canada examined the employer withholding obligations in connection with tips and gratuities received by workers employed by the appellant taxpayer at its 2 restaurants located in the Niagara region.read more
The general timeline for filing a Notice of Objection is restricted to either: (1) the day that is one year after the taxpayer’s filing-due date for the year, pursuant to paragraph 165(1)(a) of the ITA, or (2) the day that is 90 days after the day of sending of the notice of assessment, pursuant to paragraph 165(1)(b) of the ITA.read more
In its ongoing efforts to maximize recovery for the new Federal Government, CRA has refined, adjusted and become more aggressive in its efforts to scrutinize the actions of Canadian taxpayers.read more
In a recent case which consumed 27 days of Court time in the Tax Court of Canada, Justice Pizzitelli conducted a refresher course on the meaning of “gift”.
The matter was under close scrutiny as a test case related to the Global Learning Gift Initiative Program (“GLGI”).read more
You may recall that Canada Revenue Agency (“CRA”) has established a program to encourage people to provide specific and credible details about major international tax non-compliance, provided that the information leads to the assessment and collection of additional Federal taxes.read more
In two separate cases released on November 20th, 2015, Canada Revenue Agency (“CRA”) announced that a Saskatchewan taxpayer pleaded guilty to his failure to file personal income tax returns for a 6 year period and the corporate tax returns of a company he owned for the same period of time.read more
In a November, 2015 decision, the Ontario Court of Justice in Ottawa sentenced a non-compliant Ottawa taxpayer to a conditional sentence of two years less a day, including 12 months of house arrest, together with a fine of $396,259.00. The sentence resulted from a guilty plea made in connection with one count of income tax evasion.read more
A recent Tax Court of Canada decision highlights the problems that can be encountered by taxpayers claiming the GST/HST New Housing Rebate.read more
McKenzie Lake Lawyers launched All About Tax Law Blog today to offer information for tax practitioners.read more