Articles

About Articles The articles below are published by the Taxation Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Darren Joblonkay

Today
Today

A Challenge of the Underlying Corporate Assessment leads to Director’s Liability Appeal Allowed in Full – a Review of Tran v. The Queen (2021 TCC 51)

  • October 08, 2021
  • Selena Ing and Felix Wu

In Tran v. The Queen, the Appellant successfully disputed a director's liability assessment by challenging the underlying assessment. The Appellant proved that the T4s relied upon by the Minister were overstated. The Crown did not challenge this evidence. As the Crown failed to adduce evidence to reduce the underlying assessment, the Tax Court concluded that the underlying assessment was incorrect and found in favour of the Appellant.

Student Forum, Taxation Law

CRA Follows IRS

  • June 05, 2021
  • Kathryn Walker

The Federal Court ordered that the Minister is authorized to impose on Coinsquare a requirement relating to unnamed persons.  The result is that Coinsquare must produce the requested documents and information about its customers to the CRA.

Student Forum, Taxation Law

Women in Tax: Q&A with Zahra Nurmohamed, Tax Counsel and Senior Director of Professional Development at KPMG Law LLP

  • June 05, 2021
  • Zahra Nurmohamed

Zahra Nurmohamed is an award-winning tax practitioner and former partner in the Toronto office of KPMG Law LLP with over 20 years of experience in Canadian corporate tax matters. She currently serves as Tax Counsel and Senior Director of Professional Development at KPMG Law LLP where she leads the strategic direction and implementation of KPMG Law’s student and associate programs.

Student Forum, Taxation Law

The Delicate Balance Between Taxpayer Certainty and Abusive Taxation Avoidance Under the Income Tax Act: Refining the Minister's Use of the GAAR

  • April 12, 2021
  • Marco Iampieri

There is an uncertain relationship among the concepts of the General Anti-Avoidance Rule ("GAAR"), the normal assessment period, and the role of a taxpayer's state of mind or intention at the time of self-assessment. The uncertain relationship arises when the Minister of National Revenue issues a GAAR (re)assessment after the normal assessment period on a taxpayer with a good faith tax filing position.

Taxation Law

Vested Indefeasibly and 21-year Planning

  • April 05, 2021
  • Anjali Navkar

Deemed realizations under the Income Tax Act (Canada) (ITA) can occur for a myriad of reasons.  Regarding trusts, the ITA may deem a realization to occur depending on the type of trust, and the happening of certain triggering events – most commonly death, emigration, or the expiration of a specified time period.  If nothing is done to plan for these rules, the deemed realization of the assets will result in the accrued gains on certain trust-held assets being subject to tax.   

Student Forum, Taxation Law