I am sometimes asked whether investors who propose to subscribe for shares in the capital of a corporation that has been operating for some time should acquire shares of a separate class. I’ve written a memo that attempts to describe…
Proceeds of Crime
The following article appeared in a recent edition of the Hamilton Law Association Law Journal.
The police execute a search at your client’s house. They find pot plants and a large amount of cash. They seize the cash and charge your client with trafficking, and he is later convicted of that crime.
Assessments
In Danso-Coffey v. Ontario, 2010 ONCA 171, the Ontario Court of Appeal considered whether Ontario could assess and collect tax from an individual who was supposedly a director of a corporation when, it turned out, she wasn’t. The Court concluded that Ontario could assess and collect the tax if the individual failed to follow the appropriate procedures in the Retail Sales Tax Act (the “RSTA”) for disputing the assessment.
Tax Court Jurisdiction
In Sorbara v. Canada (Attorney General), 2009 ONCA 506, the Ontario Court of Appeal held that the Ontario Superior Court of Justice does not have jurisdiction to hear an application relating to liabilty for GST under the Excise Tax Act (Canada). Parliament has given exclusive jurisdiction over that kind of question to the Tax Court of Canada. The appellant’s application for leave to appeal to the Supreme Court of Canada was dismissed with costs (2009 CanLII 61389).
How to be an effective client
Sometimes clients give me the impression that they think that once they have handed over a matter to me, their work is done: they can just sit back and watch me do my thing. Of course, nothing is further from…
Chances of Winning at the Tax Court of Canada
If the Canada Revenue Agency (CRA) challenges your return and you can’t afford a tax lawyer, how likely are you to win your case? Does hiring a lawyer help your chances?
Criminal Minds
Mr. Mortensen was convicted of tax evasion in respect of some commissions he earned but failed to report. He filed an appeal with the Tax Court, and the Crown responded by bringing a motion to dismiss the appeal. The taxpayer, the Crown argued, shouldn’t be permitted to contest the tax owing and the gross negligence penalties imposed in respect of amounts for which he had been convicted of evasion.
White collar
The CRA is huffing and puffing to reassure Canadians “that the minority of tax preparers and promoters who try to make money at the expense of Canadian taxpayers are not getting away with it”. Granted, my experience does not represent…
Self-Assessment
In Rezler v. The Queen, 2009 TCC 609, the taxpayer made excess contributions to her RRSP. On appeal, the Tax Court judge responded as follows:
Partnership freeze
Tax Topics number 1984 (March 18, 2010) has an interesting article on estate freezes using partnerships in light of Krauss v. The Queen, 2009 TCC 597.