Tax Alert Archives July 2015

Supreme Court says tax advisor penalty is not subject to Charter protections

The Supreme Court of Canada dismissed the appeal of the taxpayer in Guindon v The Queen, 2015 SCC 41. The majority of the Court exercised its discretion to address the merits of the taxpayer’s constitutional arguments despite the taxpayer’s…

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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BC Supreme Court says rectification to be granted only where parties had “specific continuing intention to avoid the particular tax in question”

In Zhang v Canada (Attorney General), 2015 BCSC 1256, the Supreme Court of British Columbia dismissed an application for rectification on the basis that the petitioners failed to establish that they had a specific continuing intention to avoid the…

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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CRA provides favourable rulings for post-mortem pipeline planning

In 2014-0563081R3 and 2014-0526431R3 (in French), the Canada Revenue Agency issued advance income tax rulings confirming that subsections 84(2) and 245(2) of the Income Tax Act (Canada) would not apply as a result of proposed transactions implementing post-mortem…

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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Supreme Court dismisses application for leave to appeal in Lyrtech RD Inc.

On July 9, 2015, the Supreme Court of Canada dismissed the application for leave to appeal from the decision in Lyrtech RD Inc. v The Queen, 2014 FCA 267 in which the Federal Court of Appeal upheld the…

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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New CRA Income Tax Folio on Deductibility of Fines and Penalties

On July 10, 2015, the CRA released Income Tax Folio S4-F2-C1, “Deductibility of Fines and Penalties”, which replaces and cancels former Interpretation Bulletin IT-104R3. In addition to consolidating the content of the former Interpretation Bulletin, the Chapter Folio discusses…

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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Phasing out of Recaptured Input Tax Credits in Ontario

This is a reminder that the phasing out of the requirement for certain large businesses to recapture the provincial portion of Ontario HST claimed as input tax credits in respect of specified property and services has started on July 1,…

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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Tax Court considers legal capacity of undischarged bankrupt to commence or continue appeal

In Paul L. Schnier v. Her Majesty the Queen, the Tax Court of Canada dismissed the motion brought by the Respondent under Rule 53(3)(c) of the Tax Court of Canada Rules (General Procedure) to quash the appeal on the basis

Prepared by: Florence Sauve

Florence Sauve is an associate practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes personal and corporate tax planning. Before joining Thorsteinssons LLP, Florence clerked at the Tax… more »

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