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 seasoned tax litigator and a partner based out of the firm’s Toronto office. Becky brings a strategic and practical approach to tax disputes, and is known for her ability to distill complex technical tax matters down… more »

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