Our Practice Areas
Appeals of Notices of Assessment, Notices of Reassessment, Notices of Determination, and Notices of Redetermination
If you have received a Notice of Assessment, Notice of Reassessment, Notice of Determination, or a Notice of Redetermination (a “CRANotice”), we can assist you with preparing a Notice of Objection. Generally, a Notice of Objection must be filed within 90 days from the date of a CRA Notice. It is essential to get the Notice of Objection filed promptly to preserve your rights.
We can assist with any stage of the audit process, from helping to respond to the initial Canada Revenue Agency (“CRA”) audit inquiry to preparing a response to the post-audit proposal. If the post-audit proposal is issued and you disagree with the proposal, we can prepare a response to ensure that your position is clearly established.
Business Purchase or Sale
Our lawyers have experience working on some of the most complex M&A transactions. We offer practical advice and close attention to your matter. We leverage technology which replaces traditional teams of junior lawyers and avoids running up your bill.
Tax considerations often drive the structure of a business purchase or sale. We can provide advice on the best method by which to affect your business purchase or sale.
Characterization of Workers as Contractors
Companies regularly engage contractors. However, the CRA may disagree with this characterization of workers and take a position that the workers are employees. We can assist with preparing a response to the CRA that outlines why workers should be considered contractors and not employees.
We can assist in the negotiation and drafting of a wide range of commercial agreements (services agreements, non-disclosure agreements, joint venture agreements, distribution agreements, etc.).
Transition to the Not-for-Profit Corporations Act, 2010 (Ontario) (“ ONCA” )
ONCA is new legislation governing Ontario not-for-profits and charities that was introduced on October 19, 2021. Although the legislation applies automatically, we can assist not-for-profits and charities in updating their letters patent (now called articles), by-laws and policies for compliance with ONCA.
We can advise on compliance with corporate legislation, best governance practices, and duties and liabilities of directors and officers. We can assist with preparing articles, by-laws, policies, committee terms of reference, notices of annual meetings, resolutions, minutes and any other documents related to the governance of a body corporate. We can also advise on board conflict situations, including removal of directors and officers and proper meeting procedure.
We can assist you with determining whether an alternate structure could be beneficial.
Creation of Professional Corporations
A professional corporation allows certain professionals to provide their services to clients through a corporate entity rather than personally. Tax considerations often drive the decision to incorporate, and we can provide guidance on whether incorporation is right for you.
Director’s Tax Liability
Corporate directors may be subject to tax liability when their corporation fails to deduct, withhold, remit, or pay certain amounts of money held in trust for the Crown. If you are a corporate director and you have been personally assessed for corporate tax liability, we can assist in presenting your position to the CRA.
Establishment of Domestic and Foreign Trusts
In some instances, it may be beneficial to add trusts to your structure. We can provide guidance on whether setting up a domestic or a foreign trust is beneficial in your circumstances.
An estate freeze is a planning technique that freezes the value of a capital property for the existing shareholder and attributes the future growth of that capital property to another person. We can assist you with implementing an estate freeze, ensuring that all of the technical requirements of an estate freeze are met.
We can provide guidance on the various estate planning strategies employable to minimize or defer the various forms of tax that can arise on an individual’s death.
Executive Compensation and Incentive Awards
If you are considering issuing stock options or related phantom and stock-based incentive plans, it is essential to understand the tax considerations that flow from such incentive awards.
Formation of Charities and Not-For-Profits
If you are looking to establish a charity or a not-for-profit, we can assist you with incorporation and organization.
Gross Negligence Penalties
If the CRA believes that a person knowingly, or under circumstances amounting to gross negligence, made a false statement or omission on their tax return, the CRA can impose gross negligence penalties. We can examine your circumstances to determine whether a position can be taken that gross negligence penalties are not applicable and present your position to the CRA.
Immigration and Emigration Planning
Immigration to and emigration from Canada could lead to adverse tax consequences that should be examined before such immigration or emigration takes place. We can examine your circumstances to determine a tax efficient manner of emigration/immigration.
Implementation of Reorganizations
We are incredibly efficient in preparing documents relating to tax-driven reorganizations. We use precedent documents that have been vetted by a tax lawyer and use the latest document automation tools to prepare your tax reorganization documents in an efficient manner.
Recent amendments to the Income Tax Act (Canada) have limited income splitting opportunities. However, while limited, income-splitting opportunities still exist. We can examine your circumstances to determine whether you can take advantage of income splitting.
Integrations of Charities and Not-For-Profits
We have significant expertise in integrations of charities and not-for-profits (asset transfers and amalgamations) and related regulatory compliance.
Net Worth Assessments
If the CRA is concerned that a taxpayer is underreporting income, the CRA can complete a net worth assessment. We can review the net worth assessment and determine whether the CRA made any mistakes in the determination of your income.
Real Estate Taxation
Real estate is subject to a complex set of rules in the Income Tax Act (Canada). If you currently possess or if you are considering purchasing real estate, we can provide guidance on the best manner of holding real estate.
Sometimes the documents do not accurately reflect the true intention of the parties. While the courts have limited the scope of rectification, rectification may still be possible in certain limited circumstances. We can review your circumstances to determine if rectification is a possible remedy in your case.
Tax Deferred Transfers/Rollovers
We can assist you with preparing tax-deferred transfers by providing you with guidance on whether you are eligible for the tax-deferred transfer and by preparing the requisite documentation.
Taxpayer Penalty and Interest Relief Application
The CRA may grant relief from penalty or interest in certain circumstances. We can assist you with your interest/penalty relief application.
The Voluntary Disclosures Program grants relief, on a case-by-case basis, to taxpayers who fulfill certain criteria. We can give guidance on whether you meet the criteria for a voluntary disclosure and prepare your submission to the CRA.
This webpage provides general information only. It does not provide legal advice. The content on this webpage cannot and should not be relied upon. All tax situations are specific to their facts. If you have a specific legal question, you should consult a lawyer.