Taxation

Practice

The salary-dividend decision after the small business rate cut

In part two of his two-part series, Bashar Qawas of Better Books Canada delves deeper into the unevenness of small business rate cuts in Ontario and Quebec
Practice

The small business rate cut that partly reverses in January

In part one of a two-part series, Bashar Qawas of Better Books Canada explains the timing mismatch in cuts to the small business corporate income tax rate
Practice

Federal Court sets strict Mutual Agreement Procedure (MAP) deadline in reassessment deals with Canada Revenue Agency

The FC Robinson MAP deadline ruling has implications for cross-border taxpayers, owner-managers, corporate groups, and accountants, says David J Rotfleisch
Practice

ExxonMobil Canada Resources Company v. the King, case study

Lorne Saltman of Gardiner Roberts LLP explains why the Tax Court rejected the CRA’s position that a $36-million pipeline feasability study was not deductible
Practice

Notice of Assessment was never mailed? Federal Court of Appeal clarifies taxpayer must first prove non-delivery

The FCA Siam decision reinforces that taxpayers bear the burden of proving that a Notice of Assessment was not sent, and credibility plays a central role
Practice

Complaints about CRA rise 27% despite recent automated tax filing, call centre failures, processing delays, poor communication

Canada’s tax act is completely nuts; administrative modernization cannot succeed without legislative simplification, asserts tax lawyer David J Rotfleisch
Practice

Why R v Jarvis is the most important tax case for Canadian taxpayers

The 2002 Supreme Court of Canada decision presents a clear line between a CRA tax audit versus a criminal tax investigation, explains David J Rotfleisch
Practice

Tax Court confirms that taxpayers must provide clear instructions to apply refund balances

A recent Tax Court decision in BMLex Avocats v The King explains why a tax credit balance does not protect taxpayer from GST/HST instalment interest
Thought Leaders

The OAS clawback is due for reform – but not the reform you may think

The Old Age Security Recovery Tax is not based on a pure measure of economic capacity and should be replaced with a smarter measure of economic capacity
Practice

When the CRA recharacterizes capital gains as business income: Happy Valley Farms, Stewart v. Canada

Canadian tax lawyer and accountant David J Rotfleisch dissects the legal framework, playbook governing Canada Revenue Agency audits, reassessments
Practice

Canada just made SR&ED more valuable and easier to access: Here’s what changed

Matteo Loconte, CPA of Miller Thomson LLP explains key takeaways for revised SR&ED process including the CRA’s new, optional pre-claim approval process
Practice

Why detailed record-keeping is critical to deducting business expenses with CRA: Bobic v. The King

Tax Court of Canada decision yields generous outcome due to CRA benefit of the doubt test, explains Canadian tax lawyer and accountant David J Rotfleisch