Articles

The ongoing debate about international tax avoidance (often referred to as base erosion and profit shifting, or “BEPS”) and international response such as the OECD’s BEPS Action Plan (July 2013) have focused on mainly income tax. BEPS is providing both the impetus and potentially a key missing ingredient to tackle the persistent challenge of collecting sales tax on e-commerce.

Hedge does not have to relate to underlying capital transaction for capital treatment - gain on currency swaps to protect consolidated equity was on capital account.

The article provides a review of the ingredients required for a partnership to exist; with a focus on the “carried on in common” requirement.

The taxpayer in Academy of Applied Pharmaceutical Sciences v. R. relied on representations of an auditor regarding a method for properly allocating between GST/HST exempt and non-exempt services. At issue, therefore, was the application of the doctrines of estoppel and officially induced error.

The article: (i) provides an overview of Canada Revenue Agency’s voluntary disclosure program; and (ii) highlights certain recent changes regarding the administration of the program.

The article provides an overview of new legislation that requires all international electronic funds transfers of $10,000 or more to be reported to the Canada Revenue Agency.

The Supreme Court's recent decision in AES/Riopel makes clear that a remedy similar to common law rectification is available in Quebec. Although the case focuses on the civil law, it also provides both comfort and a list of caveats for taxpayers in the common law provinces.

The Federal Court of Appeal recently released reasons for this case. The detailed judgment reviews the instances in which a taxpayer may bring an application for judicial review of CRA actions before the Federal Court.

The recent decision in Piersanti v. The Queen offers an important lesson for both tax professionals and criminal defence counsel: taxpayers who do not challenge the admissibility of evidence risk having that evidence used against them in subsequent civil tax proceedings.