Archive for Year: 2023

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SRED tax credits (Scientific Research and Experimental Development) upheld by Tax Court of Canada against Canada Revenue Agency, in Canafric Inc. v. The King 2023 TCC

Introduction – Research and development tax expenditures and credits The rules regarding SR&ED claims are set out in various parts of the tax act. Section 37 allows for the deduction of SR&ED expenditures while section 127 allows for taxpayers to claim ITCs for SR&ED.  Through amendments in 1944 to...

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Canadian taxpayers must respond to CRA about assessments, reassessments, confirmations by the deadline: Oliveira v. The King, 2023 TCC

Oliveira v. The King (“Oliveria”) demonstrates the need for taxpayers to diligently follow the deadlines stipulated on the notices received from the Canada Revenue Agency (“CRA”). Deadlines stipulated on notices of assessments, reassessments, or confirmations are based upon Canadian tax legislation i.e., the Income Tax Act (“ITA”) and the...

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The Tax Court of Canada Rules That Post-Doctoral Fellows are Not Employees of the University in The University of New Brunswick v. The Minister of National Revenue

In The University of New Brunswick v. The Minister of National Revenue, 2023 TCC 72, (U.N.B v. M.N.R) the University of New Brunswick (the “University”), appealed a decision of the Canada Revenue Agency (“CRA”), that classified a post-doctoral fellow (“post-doc fellow”) as an employee of the University. The CRA...

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How to Legitimately Defer the Worst of Canada’s ‘Departure Tax’ when Becoming a Non-Resident and Moving to Another Country

The Canadian Departure Tax Regime Under subsection 128.1(4) of the Canadian Income Tax Act, a Canadian emigrating to another jurisdiction is subject to a “deemed disposition” on qualifying property. (This deemed disposition is often referred to as Canada’s “departure tax”). Where a taxpayer is subject to departure tax, that...

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