Sale Of Property: Is It Taxed As Income Or Capital?
Where a business carries on several different types of work, it is important to ensure that those activities are segregated and that detailed records are kept in the event of a dispute with the Canada...
View ArticleFederally Incorporated Not-For-Profit Organizations Must Take Action by...
A not-for-profit organization in Canada that wishes to incorporate can choose to incorporate provincially/territorially (under the legislation of a specific province or territory), or federally (under...
View ArticleMistreatment of Taxpayers by the Canada Revenue Agency (CRA)
The door has opened a bit more for taxpayers to hold Canada Revenue Agency (“CRA”) and its agents accountable for the mistreatment of taxpayers.In Leroux v CRA, 2014 BCSC 720, a recent case of the...
View ArticleMatthew Canzer
Matt is an associate lawyer with Pushor Mitchell who practices in the areas of criminal law, civil litigation and tax litigation. He joins Pushor Mitchell after practicing for five years with the...
View ArticleDetermining Residency for Canadian Taxation Purposes
For the purposes of determining tax liability, taxpayers are categorized into two groups: residents (of Canada) and non-residents (of Canada). Generally, taxpayers who are Canadian residents are...
View ArticleForeign Income and Assets: Tax Implications under the Canadian Income Tax Act
Under the Income Tax Act (the "ITA") of Canada, Canadian residents are subject to income tax on all worldwide income. On the other hand, non-residents are only subject to tax on income tied to Canadian...
View ArticleShould I Take Salary Or Dividends?
If you are self-employed or a professional or you own a business, you are probably already doing tax planning each year to minimize the tax you pay.Let’s see what is the best thing to do in British...
View ArticleCanada Revenue Agency Launches Offshore Tax Informant Program
As part of the Minister of Finance’s effort to crack down on offshore tax evasion and aggressive tax avoidance, on January 15, 2014 the Canada Revenue Agency launched the Offshore Tax Informant...
View ArticleCanada Revenue Agency Announces Increase To Interest Rates
On September 23, 2013, the Canada Revenue Agency announced the prescribed interest rates for the fourth quarter. These interest rates are set by the Canada Revenue Agency every quarter for a variety of...
View ArticleEstate Planning for the Family Cottage
One of the quandaries many people face when making an estate plan is what to do with the family cottage or vacation property. The family cottage is often a beloved family asset – a place where several...
View ArticleTax Rates Are Going Up, But There Is Some Good News!
Tax rates are going up, but there is some good news!The recent BC Government Budget on February 19, 2013 and the Federal Government Budget on March 21, 2013 weren’t particularly pleasant when it comes...
View ArticleExpansion To The Property Transfer Tax Family Farm Exemption
In a recent Legal Alert article, I wrote about the exemption from property transfer tax when a family farm is transferred. One of the potential problems with claiming this exemption is that it is more...
View ArticleTax Court Of Canada Finds That Third Party Penalties Are Criminal Sanctions
On October 2, 2012 the Tax Court of Canada released its decision in Guindon v. R., 2012 TCC 287 (“Guindon”).This decision has dramatic implications for any Canadians who have been assessed third party...
View ArticleProperty Transfer Tax And The Family Farm
Family farms have historically received favourable tax treatment under several different taxing statutes. For policy reasons, legislators have sought to facilitate transfers of the family farm amongst...
View ArticleHST To PST Transition Rules – New Obligations For Developers
On November 13, 2012, Canada Revenue Agency announced new disclosure obligations for developers and builders which require particular information and statements to be included in purchase and sale...
View ArticleGood News For Farmers: Supreme Court Of Canada Clarifies Proper...
On August 1, 2012 the Supreme Court of Canada released its decision in Canada v. Craig, 2012 SCC 43 (“Craig”).It’s good news for farmers, especially those farmers that need to work off the farm to make...
View ArticleDirectors’ Liability For Corporate Tax Obligations
The Board of Directors of a company are responsible for making decisions for the company. The directors manage or supervise the management of the business and affairs of the company.The directors are...
View ArticleTight Timelines In Tax Litigation
Taxpayers have to be attentive to tight timelines when managing a tax dispute with the Canada Revenue Agency.Deadline for Objecting to a ReassessmentAfter the CRA issues a Notice of Assessment or...
View ArticleInvesting In Mortgage Investment Corporations: The Tax Advantages
A Mortgage Investment Corporation, commonly referred to as a “MIC,” is given preferential tax treatment under the Income Tax Act. MICs appear to be quite popular with investors. They often generate a...
View ArticleDisputing Gross Negligence Penalties
Taxpayers who are reassessed by the Canada Revenue Agency are often shocked when they see the amount of the penalties that they have been hit with. There are a number of different types of penalties...
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