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.”
