Yesterday, Amit Ummat gave an excellent short presentation about director liability under the Income Tax Act and Excise Tax Act at the HLA’s 16th Corporate-Commercial seminar. He referred to Duque v R, 2020 FCA 73, in which Webb JA said the following about challenging the assessment of a corporation that underlies director liability:
[20] In my view, it should be explicitly stated that a director, who has been assessed personally for unremitted net tax of a corporation, should be able to challenge the underlying assessment of net tax payable by that corporation. A director should not be held personally liable for more unremitted net tax, penalties and interest than what should properly have been assessed against that corporation.
