ARTICLES
Drache Aptowitzer LLP provides our guests and clients with a valuable library of articles and reference materials on tax-related subjects.
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It’s Giving Season: Tax Credits for Charitable Donations vs. Political Contributions
By Adam |
By: Alexandra Tzannidakis In the public mind, the idea of tax credits for giving to ‘good causes’ sometimes leads to confusion and conflation of charitable tax credits and political tax credits. The truth is that charities and political causes are legally very distinct concepts (there is no such thing as a political charity) and although…
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The Penny Drops
By Adam |
It is common knowledge that taxation authorities around the world are playing catch up with the developments of new technology. One of the most interesting areas of such ongoing technological development has been the advent of Bitcoin. But at least in the case of Bitcoin it seems that the Income Tax Act’s broad general definitions…
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Unfiled HST/GST
By Adam |
If you operate a business, whether you are a small business or a large corporation, you must file your HST/GST returns. If you have unfiled HST/GST returns you will run into issues with the CRA, and also incur impending interest charges, steep fines and penalties. Unfiled HST/GST returns should not be taken lightly. Consult an…
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Beyond the Grave: Balancing Confidence and Flexibility in Gift Planning
By Adam |
Balancing Confidence and Flexibility in Gift Planning By: Adam Aptowitzer One of the unstated pillars of gift planning is to find ways of assuring a donor that his/her wishes will be carried out after death. Unfortunately, this can be a double-edged sword. While it may help convince a donor to give now the future needs…
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Drache Aptowitzer Client Appreciation Breakfast
By Adam |
On May 19, 2017, Drache Aptowitzer LLP hosted a breakfast information session for clients. We covered topics like Bylaws: Tips and Traps, How to run a better AGM and The Importance of Withholding Taxes for Contractors. Watch the session below:
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Being Audited?
By Adam |
An audit is the CRA’s way to confirm the truthfulness of the tax return filed. CRA auditors will demand books and records and often a meeting as a way to confirm the return. Not all of these requests are appropriate and we have successfully challenged them in the past. As lawyers, we also provide a…
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Objecting to an Amount of Tax
By Adam |
If the CRA believes you owe more tax it will send you a Notice of Reassessment. It is very important that you file a Notice of Objection on time and to the right office (if you disagree about owing the tax). More importantly, the Notice of Objection must deal with all of the legal and…
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Unfiled Tax Returns or Missing Information
By Adam |
Canadians that have unfiled tax returns or information missing on a filed return often cannot sleep at night. The consequences of either of these situations can lead to large financial penalties or criminal charges. Fortunately, there are ways to come clean with the CRA. It is important that this process be handled by a lawyer…
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Back to the Tax Basics
By Adam |
Lawyers and advisors in the charitable sector often discuss high level tax topics in articles and seminars – but, for many, tax remains a dark and mystical art. Indeed, even those who once professed an understanding of the system may, over time, lose touch with the basics if they do not remain current on developments.…
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Litigation in Court
By Adam |
Tax disputes are heard in the Tax Court of Canada. The process prior to actual Court time is useful to move a matter closer to settlement or prepare for a Court hearing. Drache Aptowitzer LLP lawyers have a tradition of success in both areas. Court rules often require that the taxpayer be represented by a…
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Difficult Situations
By Adam |
Sometimes Canadians are left owing large amounts of tax due to circumstances beyond their control. These reasons are sometimes due to illness or natural disaster. The Canadian system is not without compassion and there is a specific CRA process by which these circumstances can be discussed. Experienced counsel at Drache Aptowitzer LLP can guide you…
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Start the Clock – New Case on Suing Tax Advisors
By Adam |
By: Adam Aptowitzer It is no secret that over the past few years there have been a number of circumstances which have led to lawsuits against tax lawyers and accountants. These have primarily been related to the proliferation of tax shelters but, as always, there are the usual negligence claims resulting from more typical work.…
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Seduction, Money and Tax New Court Decision: Sensible but Unsettling
By Adam |
In the still smoldering wreckage of the charitable donation tax shelters a new case has surfaced, which dealt with the involvement of some of the planners. Interestingly the case does not attack the individuals for their role as planners but rather for their own participation in an individualized version of the tax shelter they later…
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When the Tax Man Cometh
By Adam |
In September 2015, Adam Aptowitzer presented at UN Tied to the Chair, Held at the prestigious Orange Art Gallery, this invitation-only event featured industry thought leaders from the legal, financial and operations world, who informed, engaged and empowered local dentists. To view the presentation please check out the video below.
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Supreme Court Rules Against Director of a Charity
By Adam |
By: Adam Aptowitzer As Counsel for Ms. Guindon in her case with the Minister of National Revenue we have kept our readers abreast of developments as the appeal wended its way to the Supreme Court of Canada. On July 31st, 2015 the Supreme Court issued its ruling in the matter thus ending the appeal for…
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Charter Protection Cannot be Taken for Granted
By Adam |
By: Adam Aptowitzer It is almost trite to say that the Canada Revenue Agency is dedicated to the administration of the income tax system in this country. There are exceptions to this, of course, the most obvious being the regulation of charities. However, a recent amendment to the Income Tax Act giving the CRA new…
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An Oscar Worthy Performance
By Adam |
By: Adam Aptowitzer Readers will likely agree that the study and practice of taxation can be both interesting and, at least at times, exciting. It is therefore surprising that there are not more movies featuring tax lawyers and accountants. One would imagine these movies would show a tax litigator with a well-muscled calculator finger fighting…
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Tax Litigation and the Veil of Secrecy
By Adam |
There are many lawyers in the country who chafe at the name appropriated by the Department of Justice given the Orwellian connotation that it has a monopoly on its dispensation. In reality, the DoJ is the law firm for the federal government and thus acts as other law firms, providing advice to all government departments.…
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Considering Costs in Estate Litigation
By Adam |
A recent judgment from the Ontario Court of Appeal provides a good reminder to factor in the risk of paying costs before deciding whether to litigate a matter. In Sawdon Estate v Watch Tower Bible and Tract Society of Canada et al.[1], the court awarded a type of ‘blended’ costs that are outside the usual…
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Fighting Back
By Adam |
By: Adam Aptowitzer One does not need to be a tax lawyer to be familiar with stories of CRA officials using their office and abusing their power to cause problems for their fellow citizens. Obviously, the vast majority of CRA representatives act in a professional manner but a small number of miscreants can cause such…
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Bolting the Barn Door After It’s Burned to the Ground
By Adam |
By: Adam Aptowitzer In a report entitled “Donor Beware”[1] the Tax Ombudsman opined on the CRA’s administrative responsibilities regarding charitable donation tax shelters. Perhaps the most surprising thing about the report is that it is dated March 19th, 2014 after years of legislative implementation of tools for the CRA to crack down on tax shelter…
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Death and Taxes May Be Inevitable…
By Adam |
… but Does It Have to Be So Complicated? By: Adam Aptowitzer We have written before (several times in fact) of the great untapped potential in the donation of shares of private companies to charity. That there is great value in private companies is evident in their title as the engine of our economy. And…
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Guindon Case on Section 163.2 Penalties Headed to Supreme Court
By Adam |
By: Alexandra Tzannidakis The Supreme Court of Canada has granted Julie Guindon leave to appeal from a Federal Court of Appeal decision that held section 163.2 penalties against tax advisers are not “penal” and therefore do not attract section 11 Charter rights. Our readers may recall that we have written about this important case in…
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The Dire Consequences of Failing to ‘Continue’ to the New Federal Not-for-profit Corporations Act
By Adam |
Advisers acting for federal not-for-profit corporations take heed: you have a deadline of October 17, 2014, by which to switch over (or “continue”) to the new Canada Not-for-profit Corporations Act. The changeover period has been running since 2011 and this year is your last chance to comply… and yet, less than 10% of affected corporations…
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Israel Changes Trust Rules
By Adam |
By: Adam Aptowitzer Taxing on the basis of residency rather than citizenship has an element of fairness as, at least in theory, only those who use a country’s services should be forced to pay for them. On the other hand, as times become difficult for governments increasing the tax base is increasingly seductive. In 2000,…
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Suing the Tax Man
By Adam |
by: Alexandra Tzannidakis EquiGenesis Corporation and its owner, a corporate commercial lawyer by the name of Kenneth Gordon, have filed a statement of claim against the CRA and one of its senior auditors. The corporation is claiming substantial damages from the CRA for intentional delays and disregard of its own policies that injured EquiGenesis’s business.…
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New Hope for Taxpayers Caught in Charitable Donation Tax Shelter Schemes
By Adam |
By: Alexandra Tzannidakis In November 2012, the Tax Court of Canada added an interesting new twist to the epic story of Canada Revenue Agency versus tax shelters with its decision in Berg v The Queen.[1] The story is an old one. Every year, many Canadian taxpayers are seduced by the quick profit and respectable veneer…
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Why Jurisdiction Matters to Corporate Finances: CNCA vs. ONCA
By Adam |
While Federal not-for-profit corporations are still adjusting to the new Canada Not-for-profit Corporations Act (CNCA), their Provincially-incorporated counterparts in Ontario are about to face a similar change when the Ontario Not-for-profit Corporations Act(ONCA) comes into force later this year. The two pieces of legislation are similar-yet-different enough to confuse the uninitiated. Their slightly misaligned schemes of financial review…
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New Canadian Anti-Spam Laws on the Horizon
By Adam |
By: Alexandra Tzannidakis Back in 2010, Bill C-28 (Fighting Internet and Wireless Spam) was passed by Parliament and received royal assent. It was expected to come into force in 2012, but delays in drafting the regulations mean that 2012 has come and gone without a coming-into-force date having been announced. This delay gives Canadian businesses,…
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In Incentive Lies Behaviour – If You Understand the Incentive
By Adam |
By: Adam Aptowitzer Most Canadians are aware of the effect that RRSP contributions have on their taxes, and are aware of the deadline for making contributions each year. This is mostly due to the educational efforts of the banks and others that ‘sell’ RRSPs make each year – as the March 1st (or February 29th…
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Sometimes the Wheels of Justice Turn a Bit Too Fast
By Adam |
By: Adam Aptowitzer The name “Parklane Charitable Donation Program” will be familiar to those that follow the news in the charitable sector. Originally the Program, like others, involved an out of pocket expense and charitable donation tax receipt, the former being several times less than the latter. In the case of Parklane, the receipt generally…
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The Canary in the Charity Mineshaft
By Adam |
By: Adam Aptowitzer We recently argued a case in Tax Court which may be of interest to the community of tax advisors and directors of charities. The case was somewhat unique because of its precedent-setting potential for both the tax planner and tax preparer subsections of the Third Party Civil Penalty rules in s.163.2. The…
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Ponzi Schemes and Taxation
By Adam |
By: Adam Aptowitzer In the flurry of economy-related stories over the past few years, perhaps one of the saddest items is the current situation of Earl Jones’s victims. Earl Jones, as most will recall, was a financial “adviser” in Montreal who swindled hundreds of victims over the past 20 or so years. For most of…
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