Farber Tax Law Lawyer Insights & Tax Law Case Updates
The latest tax law case updates, news, expert insights from Farber Tax Law Lawyers.
Case Updates – Federal Court and Federal Court of Appeal’s decisions in Roofmart Ontario Inc. v. Minister of National Revenue
By: Selena Ing, Associate and Boris Stanislav, Associate, Farber Tax Law
In the 2019 Federal Court decision of Canada (National Revenue) v. Roofmart Ontario Inc., the Minister of National Revenue (the “Minister”) brought an application to compel Roofmart Ontario Inc. (“Roofmart”) to provide information and documents related to certain unnamed persons (the “Requirement”).
Have COVID-19 Travel Restrictions Affected Your Tax Residency?
By: Boris Stanislav, Associate and Felix Wu, Associate , Farber Tax Law
The COVID-19 pandemic has undoubtedly had a considerable impact on the international tax regime with regard to tax regency. Canada’s test for tax residency primarily revolves around either a calculation of days (i.e. sojourning) or through residential ties. In consideration of our new realities, the CRA released and continues to update its guide to international income tax issues.
New avenues for relief from CRA penalties and interest: Taxpayer relief during the COVID-19 pandemic
By: Selena Ing, Associate and Milosz Zak, Associate, Farber Tax Law
Since the start of the pandemic in mid-March of 2020, Canadians have benefited from a series of Federal Government programs to lessen the impact of the economic slowdown caused by COVID-19. so much so that it is easy to forget about the Canada Revenue Agency’s (the “CRA”) existing taxpayer relief program.
The uncertain future of the Tax Court of Canada’s Practice Note No. 23 “Preliminary Ruling Docket” in the new COVID-19 reality
By Milosz Zak, Associate, and Boris Stanislav, Associate, Farber Tax Law
On December 12, 2019, the Tax Court of Canada introduced “Practice Note No. 23: Preliminary Ruling Docket Procedure” – a pilot project intended to provide parties with a non-binding opinion of a Tax Court judge. The Tax Court heavily circumscribed what kinds of appeals may be eligible for the Preliminary Ruling Docket.
Day Traders Receiving CERB: Audits are Coming
By Selena Ing, Associate and Felix Wu, Associate, Farber Tax Law
The Federal Government instituted the Canada Emergency Response Benefit (the “CERB”) to provide temporary financial support to workers who have stopped working as a result of COVID-19. However, the CRA will likely be reviewing the returns of CERB recipients and asking those who weren’t qualified to repay the amounts received with interest and, in some cases, penalties.
Laliberté v. The Queen – Allocation of Personal vs. Business Expenses, and the implications of the COVID-19 pandemic
By Felix Wu, Associate and Milosz Zak, Associate, Farber Tax Law
In the recent Federal Court of Appeal decision of Guy Laliberté v Her Majesty the Queen, 2020 FCA 97, the lines between the proper allocation of personal benefits versus properly incurred business expenses was again drawn clear in a the case whose, the fundamental principles has implications for many Canadians.
Federal Court and Federal Court of Appeal’s decisions in Iris Technologies v. Minister of National Revenue
By Selena Ing, Associate and Boris Stainslav, Associate, Farber Tax Law
In the recent Federal Court decision of Iris Technologies Inc. v. Minister of National Revenue. Iris Technologies Inc. sought a refund of $62.3 million remitted to the Minister of National Revenue (the “Minister”) pursuant to the Excise Tax Act (the “ETA”) for the periods between September 1, 2019 to February 29, 2020.
Sections 212 and 216 of the Income Tax Act: Examining Tax Obligations Arising from Non-Residents Earning Rental Income from Canadian Properties
By Felix Wu, Associate and Andy Yip, Articling Student, Farber Tax Law
Under Canada’s self-reporting tax system, taxpayers often assume that they are required to submit tax returns only when they earn income. However, it is important to note that unique circumstances may given rise to obligations in reporting and in tax even when an individual is a payer.