Archive for Year: 2025

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Case Commentary: The King v. Csak – Why filing a waiver for a tax reassessment must be done within the normal reassessment period—or the waiver will be invalid

In March 2025, the Federal Court of Appeal delivered the judgment on the appeal of a decision of the Tax Court of Canada concerning a taxpayer’s tax liability derived from the tax debts of her late husband, pursuant to subsection 160(1) of the Income Tax Act. Background – Derivative...

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Canadian Court Saves Widow from the CRA’s $100,000 Derivative Tax Assessment: A Widow is Not a “Spouse”: Enns v Canada, 2025 FCA 14

Introduction: Derivative Tax Liability & Section 160 of Canada’s Income Tax Act The derivative tax rule in section 160 of Canada’s Income Tax Act prevents tax debtors from trying to hide assets from the Canada Revenue Agency’s tax collectors by transferring those assets to spouses, friends, relatives, related corporations,...

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