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: Rebecca Potter

Rebecca Potter is a partner practicing in the firm’s Toronto office. Rebecca’s practice focuses on all aspects of taxpayer representation and tax litigation and also includes tax planning for not-for-profit organizations, and charities. She has appeared before the Tax Court… more »