Archive for Author: taxlaw

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Case Commentary Cassidy v Canada: Using ‘Extraordinary Circumstances,’ CRA’s Delays, Inability to Pay, or Financial Hardship When Seeking Taxpayer Relief

Introduction: Mr. Cassidy’s Request for Taxpayer Relief Taxpayers may, under subsection 220(3.1) of the Income Tax Act (“Tax Act”), request relief for penalties and interest in what is referred to as a taxpayer relief application (formerly known as fairness application). Granting this application is at the Canada Revenue Agency’s...

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Taxpayer Sidesteps Gross-Negligence Penalties and $90,000 in Taxable Income Because Tax Year was Statute-Barred: Abbass v The King, 2023 TCC 169

Introduction: Statute-Barred Tax Years & Statute-Barred Tax Audits Canada’s Income Tax Act sets out a “normal reassessment period,” after which the Canada Revenue Agency generally cannot reassess a person’s taxable income or tax payable. For most individual taxpayers, the normal reassessment period expires three years from the date that...

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Case Commentary: CRA Violates Procedural Fairness for CERB/CRB Claims – Cameron v. Canada (Attorney General) – Judicial Review at Federal Court

Introduction – CERB and CRB claims before the Federal Court The Canada Revenue Agency (“CRA”) has been assessing, and often denying, Canada Emergency Response Benefit (“CERB”) and Canada Revenue Benefit (“CRB”) claims. Recourse for those individual taxpayers denied CERB and CRB is to request a second review from the...

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Can Donations to a Charity be Claimed as a Business Expense? When can You Deduct Expenses Under the Canadian Income Tax Act?

Introduction – Tax Exemptions for Charities To promote philanthropic ventures, the Canadian income tax regime offers generous tax benefits for people and organizations engaging in charitable activities. First, under the Canadian Income Tax Act, an organization that maintains registered charity status is tax-exempt on any income it receives. An...

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A Canadian Tax Lawyer’s Guide to Tax Obligations for Foreign Home Buyers in Canada: Bakhtiari v British Columbia (Minister of Finance), 2023 BCSC 1260

Introduction: Restrictions on Foreign Home Buyers Via Taxes Canada has had the reputation of being welcoming towards immigrants at least for the past decades. However, there has also been a series of federal and provincial tax policies implemented in an attempt to restrict foreign non-resident of Canada home buyers...

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