Tax Alert Archives

Federal Court of Appeal confirms trust deed gave public corporation de facto control over a private corporation wholly owned by the trust

In Bresse Syndics Inc. v. The Queen, 2021 FCA 115 (sub nom. CO2 Solution Technologies Inc.), the Federal Court of Appeal (“FCA”) considered the extent to which a public corporation (“Pubco”) held de facto control over a corporation (the…

Prepared by: Leonard Gilbert , Chris Marta

Leonard graduated from the University of Toronto, Faculty of Law (J.D. 2015) and is currently an associate practicing in the firm’s Toronto office. He previously performed extensively as a concert pianist and attended the Jacobs School of Music at Indiana… more »

Chris Marta is an associate practising in the firm’s Vancouver office. Chris Marta’s practice focuses on domestic and international tax planning for individuals, trusts and corporations. He also represents taxpayers in their disputes with the Canada Revenue Agency. Prior to… more »

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Federal Court finds CRA incorrectly conflates amending an election with rectification

In Brent Carlson Family Trust v. Canada (National Revenue), 2021 FC 506, two family trusts made requests to amend elections for the 2014 taxation year filed under subsection 85(1) of the Income Tax Act (Canada) (the “Act”) in respect…

Prepared by: Leonard Gilbert , Chris Marta

Leonard graduated from the University of Toronto, Faculty of Law (J.D. 2015) and is currently an associate practicing in the firm’s Toronto office. He previously performed extensively as a concert pianist and attended the Jacobs School of Music at Indiana… more »

Chris Marta is an associate practising in the firm’s Vancouver office. Chris Marta’s practice focuses on domestic and international tax planning for individuals, trusts and corporations. He also represents taxpayers in their disputes with the Canada Revenue Agency. Prior to… more »

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Documents requested pursuant to a requirement for information under s. 288(1) of the Excise Tax Act (Canada) need not be proportional to matter at issue

In Canada (National Revenue) v. 2276230 Ontario, 2021 FC 242, the Federal Court granted a compliance order to the CRA citing the Federal Court of Appeal’s decision in Canada (National Revenue) v. Cameco Corporation, 2019 FCA 67, for…

Prepared by: Leonard Gilbert , Chris Marta

Leonard graduated from the University of Toronto, Faculty of Law (J.D. 2015) and is currently an associate practicing in the firm’s Toronto office. He previously performed extensively as a concert pianist and attended the Jacobs School of Music at Indiana… more »

Chris Marta is an associate practising in the firm’s Vancouver office. Chris Marta’s practice focuses on domestic and international tax planning for individuals, trusts and corporations. He also represents taxpayers in their disputes with the Canada Revenue Agency. Prior to… more »

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Senate Passes Significant Tax Bill Aimed at Facilitating Intergenerational Business Transfers

On June 22, 2021, the Senate passed Bill C-208 (following its previous passage in the House of Commons). A Private Members’ Bill, Bill C-208 is aimed at facilitating intergenerational business transfers and follows similar Bills introduced by various political parties…

Prepared by: Alexander Demner

Alexander is a partner practicing in the firm’s Vancouver office. Alexander’s practice covers several areas of taxation, including estate planning, pre-sale and divestiture structuring, owner-manager remuneration, taxpayer representation, and tax litigation. Alexander routinely advises on and implements reorganizations for individuals,… more »

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CRA Updates Guidance on Competent Authority Assistance

On June 1, 2021, the CRA published Information Circular IC71-17R6 (“IC71-17R6”), which provides guidance on obtaining assistance under a mutual agreement procedure (“MAP”) article of a Canadian tax convention. New IC71-17R6 replaces and cancels its predecessor IC71-17R5 dated January…

Prepared by: Leonard Gilbert , Chris Marta

Leonard graduated from the University of Toronto, Faculty of Law (J.D. 2015) and is currently an associate practicing in the firm’s Toronto office. He previously performed extensively as a concert pianist and attended the Jacobs School of Music at Indiana… more »

Chris Marta is an associate practising in the firm’s Vancouver office. Chris Marta’s practice focuses on domestic and international tax planning for individuals, trusts and corporations. He also represents taxpayers in their disputes with the Canada Revenue Agency. Prior to… more »

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COVID-19 Tax Update: Tax Court Announces Further Cancellations

On June 1, 2021, the Tax Court of Canada released a further Notice to the Public and the Profession regarding its upcoming hearing schedule.

Previously, the Court issued a Notice cancelling all in-person hearings up to July 16, 2021 as a…

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, as well as assisting charities and not-for-profits with their interactions with the Canada Revenue Agency. She… more »

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Federal Court of Appeal re-affirms the scientific method as a requirement for SR&ED eligibility

In Kam-Press Metal Products Ltd. v. The Queen, 2021 FCA 88, the Federal Court of Appeal once again endorsed the criteria set out by the Tax Court of Canada in Northwest Hydraulics Consultants Limited v. The Queen (1998),

Prepared by: Chris Canning , Julia Ji

Chris is an associate at the firm’s Vancouver office. He’s working to expand his knowledge of tax planning and advocacy in a variety of contexts. Before completing law school and joining Thorsteinssons, Chris worked at the Law Society of BC,… more »

Julia Ji is an associate practising in the firm’s Toronto office. Julia’s practice includes corporate tax advisory, tax planning, business structuring and tax litigation. Prior to joining Thorsteinssons, Julia was a certified digital project manager specializing in enterprise information architecture… more »

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COVID-19 TAX UPDATE: Government extends relief for Registered Pension Plans (RPPs) and deferred salary leave plans (DSLPs) for one more year

On May 20, 2021, the Department of Finance announced a one-year extension of draft regulations providing temporary relief to employers who sponsor a Registered Pension Plan (“RPP”) or deferred salary leave plan (“DSLP”) and their participating employees. Initially…

Prepared by: Chris Canning , Julia Ji

Chris is an associate at the firm’s Vancouver office. He’s working to expand his knowledge of tax planning and advocacy in a variety of contexts. Before completing law school and joining Thorsteinssons, Chris worked at the Law Society of BC,… more »

Julia Ji is an associate practising in the firm’s Toronto office. Julia’s practice includes corporate tax advisory, tax planning, business structuring and tax litigation. Prior to joining Thorsteinssons, Julia was a certified digital project manager specializing in enterprise information architecture… more »

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Reminder: Deadline to Apply for or Amend Initial CERS Applications Fast Approaching

Eligible businessowners are reminded that April 22, 2021 is the deadline to file an application for the Canada Emergency Rent Subsidy (CERS) in respect of the first qualifying period or to amend any election previously made in respect of that…

Prepared by: Alexander Demner , Ian Humphries

Alexander is a partner practicing in the firm’s Vancouver office. Alexander’s practice covers several areas of taxation, including estate planning, pre-sale and divestiture structuring, owner-manager remuneration, taxpayer representation, and tax litigation. Alexander routinely advises on and implements reorganizations for individuals,… more »

Ian Humphries is a partner working out of the Vancouver office of Thorsteinssons LLP. Ian joined Thorsteinssons after articling and practicing securities law at a national law firm. Prior to law school, Ian worked as an investment banker in the… more »

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COVID-19 Tax Update: Tax Court Announces Further Cancellations

On April 7, 2021, the Tax Court of Canada released a further Notice to the Public and the Profession regarding its upcoming hearing schedule.

Previously, the Court had announced that a limited number of in-person hearings would proceed…

Prepared by: Tyler Berg

Tyler is an Associate working in the Vancouver office. During his law degree, Tyler participated in the Law Students’ Legal Advice Program and the UBC Law Review, and played intramural ice hockey for the UBC Law Legal Eagles. Tyler also… more »

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