Archive for Category: Tax Law Canada

Federal Court Grants Relief to Taxpayer Because CRA’s Processing Delays During Judicial Reviews: A Case Comment on Maloney v. Canada (Attorney General), 2024 FC 1474

Introduction: The CRA’s Taxpayer Relief Program A Canadian taxpayer may face penalties and interest owing to the Canada Revenue Agency (“CRA”) for many reasons, including late filing a return and failing to pay a tax debt on time. Subsection 220(3.1) of the Income Tax Act empowers the Minister of...

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Taxpayer Avoids $72,000 in Derivative Tax Liability Because the CRA Failed to Prove that Her Husband Owed the Underlying Tax: Vasilkioti v The King, 2024 TCC 101

Introduction: Derivative Tax Liability under Section 160 of Canada’s Income Tax Act Section 160 of Canada’s Income Tax Act is a tax collection tool. It 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...

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Tenants Beware: Not Remitting Withholding Tax on Rental Payments To Non-Resident Landlords Can Cost You Thousands: 3792391 Canada Inc. v. The King

Introduction To Non-Resident Withholding Tax When non-residents receive income from Canadian sources, such as dividends, interest, royalties, or rental income, the Canadian government imposes a withholding tax on this income. The payor (e.g., a corporation or individual in Canada) is responsible for deducting the tax from the payment and...

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