Articles 2023

“I swear it’s not my fault”: An Update on the Due Diligence Defence to a Director’s Liability Assessment under Canadian Tax Statutes.

Legislative changes proposed in the 2014 Federal Budget, which are slated to come into force on January 1, 2015, will allow for GST/HST Free Intercompany Transfers.

The author provides an overview and practical tips concerning tax-related rectification proceedings.

The author discusses the application of the new restrictive covenant rules in section 56.4 of the Income Tax Act in the context of the sale of a business.

In the recent Tax Court decision in McKenzie v. The Queen, 2013 TCC 239, Justice Hershfield considered the contextual component of the objective due diligence test, reviewing an important part of a director’s defence against liability under section 227.1 of the Income Tax Act.

Corporate loss streaming rules have been extended to trusts. This article discusses the new trust loss streaming rules, particularly as the rules affect investment fund trusts.

In a recent case on gross negligence penalties, Morton v. The Queen, the Tax Court of Canada took a common sense approach to a taxpayer's technical legal arguments with regard to his abusive behaviour.

The new rules on restrictive covenants, after a decade of discussion, have been law for less than a year. This article discusses operation of the rules and some potential issues.

The author provides highlights of matters discussed at the 2013 Tax Court Bench and Bar Committee meetings. This review will be of particular interest to practitioners who advocate for taxpayers.

The Federal Court of Appeal recently addressed the role of a unanimous shareholders' agreement in determining control of a corporation in the context of deciding whether it qualified as a CCPC. The specific issue in the case was the availability of SR&ED input tax credits, though the Court's decision regarding shareholders' agreements has broader implications for determining control and CCPC status.