Tax Alert Archives

Federal Court Rejects Charter Challenge of FACTA Related Provisions of the Income Tax Act

On July 22, 2019, the Federal Court released its reasons for judgement in rejecting a constitutional challenge of sections 263-269 of the Income Tax Act (Canada) (the “ITA”). The full reasons can be found at 2019 FC 960 (“Deegan”).…

Prepared by: Ian Humphries

Ian Humphries is an Associate working out of the Vancouver office of Thorsteinssons LLP. Ian joined Thorsteinssons after articling and practicing securities law at a national law firm. Prior to law school, Ian worked as an investment banker in the… more »

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163(1) Repeated Failure to Report Penalty Upheld

In the recent decision in Polubiec (2019 TCC 146), the Tax Court of Canada upheld the assessment of approximately $140,000 in penalties under the repeated failure to report income penalty under s. 163(1) of the Income Tax Act (Canada). In…

Prepared by: Ian Humphries

Ian Humphries is an Associate working out of the Vancouver office of Thorsteinssons LLP. Ian joined Thorsteinssons after articling and practicing securities law at a national law firm. Prior to law school, Ian worked as an investment banker in the… more »

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Proposed Changes to GST/HST Rules

On May 17, 2019, the Minister of Finance published proposed amendments to the GST/HST portion of the Excise Tax Act.  Notable among the proposed amendments is the inclusion of “virtual payment instrument” in the definition of “financial instrument”.  A virtual

Prepared by: Tyler Berg

Tyler is an Associate working in the Vancouver office. During his law degree, Tyler participated in the Law Students’ Legal Advice Program and the UBC Law Review, and played intramural ice hockey for the UBC Law Legal Eagles. Tyler also… more »

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Top Saskatchewan Court Rules Carbon Tax Constitutional

On May 3, 2019, the Saskatchewan Court of Appeal released its decision in the Saskatchewan government’s reference regarding the constitutionality of the federal government’s carbon tax.  In a 3-2 decision, the Court ruled that the federal carbon tax “backstop”…

Prepared by: Tyler Berg

Tyler is an Associate working in the Vancouver office. During his law degree, Tyler participated in the Law Students’ Legal Advice Program and the UBC Law Review, and played intramural ice hockey for the UBC Law Legal Eagles. Tyler also… more »

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Speculation and Vacancy Tax Declaration Deadline Approaching

The deadline to complete the 2018 Speculation and Vacancy Tax declaration is set for this Sunday, March 31, 2019. All registered owners or co-owners of residential property in affected areas in BC should declare before this deadline using the Declaration…

Prepared by: Zheting Su

Zheting is an associate at the firm’s Vancouver office. Zheting’s practice focuses on all aspects of commodity tax, including the Harmonized Sales Tax (HST), Goods and Services Tax (GST), provincial sales taxes, and customs law. Prior to joining Thorsteinssons, Zheting… more »

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Bill C-86 Receives Royal Assent

On December 13, 2018, Bill C-86 received Royal Assent.  This bill implements various income and excise tax measures, including the introduction of a refundable tax credit for certain individuals who will be subjected to the federal carbon tax in…

Prepared by: Tyler Berg

Tyler is an Associate working in the Vancouver office. During his law degree, Tyler participated in the Law Students’ Legal Advice Program and the UBC Law Review, and played intramural ice hockey for the UBC Law Legal Eagles. Tyler also… more »

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Audit of CRA Reveals Inconsistent Treatment of Taxpayers

On November 20, 2018, the Office of the Auditor General of Canada released its 2018 Fall Reports, including a report on the compliance activities of the Canada Revenue Agency.  The Auditor General’s audit focused on whether the CRA consistently…

Prepared by: Tyler Berg

Tyler is an Associate working in the Vancouver office. During his law degree, Tyler participated in the Law Students’ Legal Advice Program and the UBC Law Review, and played intramural ice hockey for the UBC Law Legal Eagles. Tyler also… more »

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Fall Economic Statement Highlighted by Accelerated Write-offs

On November 21, 2018, the Government of Canada released its 2018 Fall Economic Statement.  The Statement is highlighted by the Government’s intention to allow accelerated tax write-offs for certain types of depreciable property.  The full cost of machinery and…

Prepared by: Tyler Berg

Tyler is an Associate working in the Vancouver office. During his law degree, Tyler participated in the Law Students’ Legal Advice Program and the UBC Law Review, and played intramural ice hockey for the UBC Law Legal Eagles. Tyler also… more »

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Vancouver amends Vacancy Tax Bylaw ahead of mayor-elect’s plans to triple tax rate

Yesterday Vancouver’s municipal council approved amendments to Vacancy Tax By-law No. 11674, which governs the city’s unique 1% tax on certain residential properties. The amendments mainly serve to narrow the exemptions available to homeowners after months of conducting audits.…

Prepared by: Noah Sarna

Noah is a partner practising in the firm’s Toronto and Vancouver offices. Noah’s practice focuses on all aspects of commodity tax, including Goods and Services Tax/Harmonized Sales Tax, provincial sales taxes, property or land transfer taxes and municipal taxation as… more »

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New information collection on Property Transfer Tax returns in British Columbia

The Government of British Columbia recently made a regulation that will require, effective September 17, 2018, certain corporations and trusts that acquire property to disclose additional information on their Property Transfer Tax returns. The new return will require disclosure of…

Prepared by: Jennifer Flood

Jennifer Flood is an associate practicing in the firm’s Vancouver office. Jennifer’s practice focuses on taxpayer representation and tax litigation, including both civil and criminal matters. She advises and represents clients in the course of tax audits, appeals, criminal investigations,… more »

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