Feigenbaum Law

Tax Disputes & Litigation

A closeup of a Mercedes Benz emblem

Corporate Tax Planning

A Tale of Three Cars

A requirement to use your own car at work can allow for associated expenses to be claimed on your income tax returns. However, not everyone is entitled to such claims (for example, you can’t make a claim if an employer already reimburses you), and it is critical to keep detailed records, especially if more than one vehicle is used for work. A recent decision from the Tax Court of Canada highlights… Read More

A man in a suit walking down a city street with luggage representing resignation from a job

Corporate Tax Planning

Company Director Escapes Tax Liability After Resigning

Being the director of a company might seem glamorous on the outside, but the role comes with a great deal of responsibility, including personal tax liability should the company find itself unable to comply with its tax obligations. A recent decision from the Tax Court of Canada looks at what is needed for a director to resign and avoid liability for a company’s tax debt. The debt The appellant was the… Read More

A person typing on a computer keyboard representing a charity donation scam

Tax Disputes & Litigation

Latest Appeal Unsuccessful In Huge Tax Scam

The latest step in a wide-ranging tax scam came last month when the Tax Court of Canada ruled against the appellant, a taxpayer who was caught involved in the scam. An article in the Globe and Mail described the decision as an aftershock of one of the biggest tax scams in Canada’s history. $30,526 in Tax Deductions The appellant was a retired autoworker who had claimed $30,526… Read More

An airplane in the sky representing a commercial pilot in tax dispute with CRA

Personal Tax Planning

Transferring Tax Debt in Addition to Money

Some people might go to great lengths to avoid paying a tax debt. One tactic that shows up from time to time is the transferring of cash or assets to a family member. A recent decision from the Tax Court of Canada serves as a helpful reminder that trying to escape a tax debt through these means can leave both the original tax debtor as well as their family member in… Read More

A man with a toolbelt representing a person acting as project manager in a dispute over GST/HST collection

Tax Disputes & Litigation

Contractor or Agent? A Crucial Difference When it Comes to Taxation

If there’s a lesson to be learned when it comes to contract law, it’s that language and details matter. Even a seemingly straightforward contract between two parties can lead to serious tax consequences if certain aspects of the business relationship are not properly addressed in the contract. In a recent case heard by the Tax Court of Canada, a taxpayer found himself in hot water after failing to collect HST during… Read More

An American flag against a blue sky

Tax Disputes & Litigation

American Business Owner Faces Penalties For Failing To Disclose Canadian Bank Accounts

We’ve had a number of blogs as of late discussing the United States’ Foreign Account Tax Compliance Act (FATCA). The legislation, introduced about ten years ago, empowers the IRS to pursue tax money from American citizens who have bank accounts in jurisdictions outside of the United States. Since the United States is virtually the only country in the world imposing taxation based on citizenship rather than residency, this means that Canadians who have… Read More

Tax laws

Tax Disputes & Litigation

Canadian Man Finds Unique Way to Challenge Tax Laws

A Canadian taxpayer recently found a unique way to challenge the Canada Revenue Agency (CRA) after the agency denied him the costs of a move from Whitby Ontario to Ottawa Ontario. After researching precendent-setting Tax Court decisions, the man ended up moving his belongings by packing them into a canoe and then paddling up the Rideau Canal. The Income Tax Act and Moving Expenses Under the Income Tax Act, (the Act), a taxpayer can claim moving… Read More

Surrogacy

Tax Disputes & Litigation

Couple Files Charter Claim Against CRA Over Costs of Surrogacy

A couple from Nova Scotia whose child was born via a surrogate earlier this year are pursuing a Charter challenge against the Canada Revenue Agency, on the basis that Income Tax Act treats parents of children born through surrogacy differently than adoptive parents, creating an inequality. The parents argue that the current provisions in the Act do not allow families using surrogates to recoup their legal and other costs. Surrogacy, Adoption, and Tax Credits in Canada… Read More

Appeal

Tax Disputes & Litigation

Mark Feigenbaum Files Appeal to the U.S. Supreme Court in High-Stakes Cross-Border Tax Issue

Our offices have recently filed a Writ of Certiorari, a request to appeal to the United States Supreme Court, asking that court to review lower court level decisions made with respect to a client who had significant IRS penalties levied against him. What Happened? Our client, an American who has lived in Canada since the 1970’s, had not filed any income tax statements in the U.S. since his relocation north of the border. The man… Read More

Audit

Tax Disputes & Litigation

Cameco Awarded More than $10 Million in Legal Fees After Decade Long Dispute with the CRA

Canadian resource company Cameco, one of the world’s largest producers of uranium fuel, recently announced that it would be receiving $10.25 million in costs after a protracted battle with the Canada Revenue Agency (CRA) over alleged tax evasion. Some Background The dispute began when the CRA questioned Cameco’s corporate structure following the company’s reorganization in the late 1990’s. At issue was whether Cameco used a Swiss subsidiary, Cameco Europe Ltd. (CEL) as a means of… Read More