Archive for Author: taxlaw

A Man in Black Jacket Having a Deal with an Agent

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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Canadian taxpayer involved in a bad will investment scheme granted additional relief on accrued interest from Canada Revenue Agency (CRA): Barrs v The Queen et al.

In Barrs v The Queen et al, the taxpayer, Mr. Randall Barrs, appealed to the Federal Court of Appeal after the Federal Court dismissed his application for judicial review of the Canada Revenue Agency’s (CRA) decision to deny him additional relief from accrued interest. In 1984, Mr. Barrs and...

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Tax fraud and tax evasion in the same case: A Rotfleisch & Samulovitch analysis of Regina v Reynolds – Violations of the Income Tax Act, Excise Tax Act, and Criminal Code of Canada

Overview: Tax Evasion and the Matter in Regina v Reynolds Tax fraud and tax evasion can manifest through a range of actions, encompassing, yet not restricted to: (1) avoiding income tax responsibilities, (2) endeavouring to deceive the government via falsified loss claims, or (3) deliberately evading the assessment, collection,...

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Determining Eligibility of The Canada Recovery Benefit: A Canadian Tax Lawyer Examines and Explains Existing Case Law

Introduction: Canada Recovery Benefit and The Canada Recovery Benefits Act The Canada Recovery Benefits Act came into effect on October 2, 2020, and established the Canada Recovery Benefit (“CRB”), aiming to provide income support to employed and self-employed Canadians who were directly affected by the COVID-19 pandemic and were...

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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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