Federal Court grants application for judicial review in TFSA over-contribution case

In Sangha v Canada (Attorney General), the taxpayer made a series of over-contributions to his Tax Free Savings Account, was assessed a 1% monthly tax on the excess amounts, and made two relief requests to the CRA for a waiver of the tax, penalties, and interest. Both requests were denied. Following a remote hearing earlier this month, the Federal Court agreed with the taxpayer and granted the application for judicial review on the basis that ”the Minister’s refusal to exercise their discretion was not intelligible or justified.”

Prepared by: E. Rebecca Potter

Becky Potter is a partner practicing in the firm’s Toronto office. Becky focuses her practice on all aspects of taxpayer representation and tax litigation. She has successfully represented clients at every level of court both provincially (in Ontario) and federally,… more »

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