ARTICLES

Drache Aptowitzer LLP is a nationally recognized law firm
specializing in tax issues. Please contact us with your tax issue.

It’s Giving Season: Tax Credits for Charitable Donations vs. Political Contributions

By Adam / November 23, 2017 / Comments Off on It’s Giving Season: Tax Credits for Charitable Donations vs. Political Contributions

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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estate litigation costs

Considering Costs in Estate Litigation

By Adam / July 15, 2014 / Comments Off on Considering Costs in Estate Litigation

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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Guindon Case on Section 163.2 Penalties Headed to Supreme Court

By Adam / April 18, 2014 / Comments Off on Guindon Case on Section 163.2 Penalties Headed to Supreme Court

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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continuance failure dissolution

The Dire Consequences of Failing to ‘Continue’ to the New Federal Not-for-profit Corporations Act

By Adam / March 21, 2014 / Comments Off on The Dire Consequences of Failing to ‘Continue’ to the New Federal Not-for-profit Corporations Act

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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EquiGenesis

Suing the Tax Man

By Adam / May 17, 2013 / Comments Off on Suing the Tax Man

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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benefit, tax shelter schemes

New Hope for Taxpayers Caught in Charitable Donation Tax Shelter Schemes

By Adam / March 23, 2013 / Comments Off on New Hope for Taxpayers Caught in Charitable Donation Tax Shelter Schemes

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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corporations - jurisdiction

Why Jurisdiction Matters to Corporate Finances: CNCA vs. ONCA

By Adam / March 8, 2013 / Comments Off on Why Jurisdiction Matters to Corporate Finances: CNCA vs. ONCA

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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spam

New Canadian Anti-Spam Laws on the Horizon

By Adam / February 8, 2013 / Comments Off on New Canadian Anti-Spam Laws on the Horizon

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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