Taxation
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
- COMMENTS 13
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- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
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
- COMMENTS 13
- LIKES 149
- VIEWS 160
Practice
Ottawa makes $10-million EOT exemption permanent
The employee ownership trust (EOT) has now earned a place as a viable option that deserves consideration explains Stéphanie Pépin of Miller Thomson LLP
- COMMENTS 13
- LIKES 149
- VIEWS 160
Practice
King Charles taxation and Canadian comparisons: Voluntary compliance, crown privilege, and tax transparency
Underlying themes of taxation have direct resonance for Canadian taxpayers and their advisors, asserts Canadian tax lawyer and accountant David J Rotfleisch
- COMMENTS 13
- LIKES 149
- VIEWS 160
Practice
Panama Papers 10th anniversary: Canadian tax implications, CRA results & compliance lessons for taxpayers
The Panama Papers significantly raised the visibility and compliance costs of offshore secrecy, explains Canadian tax lawyer and accountant David J Rotfleisch
- COMMENTS 13
- LIKES 149
- VIEWS 160
