Timothy Fitzsimmons

Timothy Fitzsimmons

Dentons

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Canada Federal Budget 2017

The Government of Canada has released this year’s Federal Budget, and the Tax group at Dentons has prepared a Special Report providing a detailed analysis and concise summary of the changes featured in the Budget. The Report...more

3/23/2017 - Canada Federal Budget Tax Reform

Correcting Tax Mistakes after Fairmont and Jean Coutu

I was very glad to be a panelist for the Canadian Tax Foundation’s conference on the Supreme Court of Canada’s decisions in Fairmont and Jean Coutu. During the discussion the panelists were asked about the ways taxpayers...more

2/20/2017 - Canada Remedies Supreme Court of Canada Tax Liability Tax Policy

506913 N.B. Ltd.: Jarndyce v. Jarndyce Revisited

On a procedural motion in 506913 N.B. Ltd. v. The Queen (2016 TCC 286), the Tax Court ordered the Respondent to answer all questions refused on discovery, reattend at a further discovery, and pay the Appellant’s costs on the...more

12/23/2016 - Appeals Attorney's Fees Canada Discovery Litigation Fees & Costs Scope of Discovery Requests Tax Court

Fairmont: SCC Revises Common Law Test for Tax Rectifications

In a 7-2 decision in AG (Canada) v. Fairmont Hotels Inc., the Supreme Court of Canada has modified the common law test for rectification where the taxpayer has suffered an unintended and adverse tax result. The Court also...more

12/9/2016 - Appeals Canada Dispute Resolution Rectification Supreme Court of Canada Tax Appeals

OCAC Publishes Report on Voluntary Disclosure Program

The Offshore Compliance Advisory Committee (OCAC) has published its report on the CRA’s Voluntary Disclosure Program, the first of several anticipated OCAC reports in furtherance of the OCAC’s mandate to provide advice to the...more

12/9/2016 - Canada Canada Revenue Agency (CRA) Offshore Companies Offshore Funds Tax Evasion Voluntary Disclosure

SCC Rectification Decisions to be Released on Friday December 9

The Supreme Court of Canada’s decision in two rectification cases, AG (Canada) v. Fairmont Hotels Inc. (Docket #36606) and Jean Coutu Group (PJC) Inc. v. AG (Canada) (Docket #36505), will be released on Friday December 9,...more

12/6/2016 - Canada Dispute Resolution Rectification Supreme Court of Canada

Auditor General Provides Recommendations for Improving CRA Review of Objections

Under the federal Income Tax Act, the Canada Revenue Agency must consider a taxpayer’s objection and must vacate, confirm or vary the underlying tax assessment. This review must be completed “with all due dispatch”....more

11/30/2016 - Canada Canada Revenue Agency (CRA) Income Tax Act Income Taxes Objection Procedures Tax Assessment

CRA Creates New Offshore Compliance Advisory Committee

The CRA continues its efforts to strengthen tax compliance in Canada. Following the CRA’s recent announcement of its efforts to crackdown on international tax evasion, the CRA announced the creation of a new Offshore...more

4/13/2016 - Canada Canada Revenue Agency (CRA) Inversion Offshore Funds Tax Evasion

CRA Provides Update on Efforts to Combat Tax Evasion

Following the release of the “Panama Papers” and the Canadian federal government’s budget announcement that additional resources will be directed to the CRA to collect existing tax debts and combat tax evasion, the CRA has...more

4/11/2016 - Canada CRA EFTs Financial Institutions Multinationals Panama Papers Shell Corporations Tax Evasion Tax Haven

Tax Court Introduces Common Books of Authorities Project

The Tax Court has implemented a new common books of authorities program for its Toronto courtrooms that will eliminate the need for taxpayers to print copies of certain frequently-cited (and lengthy) authorities. The pilot...more

4/8/2016 - Canada Policies and Procedures Tax Court

CRA: Drones Depreciable at 25%

Aerial drones appear to have many commercial uses. If you use a drone in your business, you may be able to deduct capital cost allowance in respect of the drone. In CRA Document 2016-0633111E5 “CCA Class of a Drone”...more

4/1/2016 - Canada Commercial Use CRA Depreciation Drones Income Tax Act Tax Deductions Unmanned Aircraft Systems

Kruger: Appeal Allowed … Crown Awarded Costs

How should the Tax Court award costs where the taxpayer’s appeal was allowed but no changes were made to the assessment at issue? This unusual situation was considered by the Tax Court in Kruger Incorporated v. The...more

1/26/2016 - Appeals Canada Income Tax Act Litigation Fees & Costs Tax Court

Tax Court Establishes Motion Days in Toronto

The Tax Court of Canada has established a pilot project for regular motion days in Toronto for the period of February to September 2016. The Court will review the initiative in September 2016. The project may be expanded to...more

1/25/2016 - Canada Pre-Trial Motions Tax Court Trial Preparation

CRA Ends Political Activities Audit Program for Charities

On January 20, the CRA announced that its controversial political activities audit program for charities has been wound-down. From the CRA news release: The results of the political activities audit program have shown...more

1/21/2016 - Audits Canada Canadian Revenue Agency Charitable Organizations Political Campaigns

Yes, Those Emails are Tax Phishing Scams

We were alerted yesterday that some individuals had received fake emails informing the recipient that he/she had received an Interac email money transfer (i.e., a surprise refund). The emails arrive with the subject line...more

10/30/2015 - Canada Canada Revenue Agency (CRA) Email Money Transfer Phishing Scams Tax Fraud Tax Scams

NHL Team Denied Deduction for Road Meals?

We noticed these recent items regarding the U.S. IRS denial of a 100% deduction by the NHL Boston Bruins hockey club in respect of the team’s provision of meals to employees during road trips. In Canada, section 67.1 of...more

10/20/2015 - IRS Meal and Entertainment Expenditures NHL Sports

CRA Publishes Reminder on Charities’ Political Activities

Political activities have been a hot topic for the CRA’s Charities Directorate in the last few years. In the CRA’s 2015 Program Update, the Charities Directorate stated that its recent political activity audit included...more

9/8/2015 - Charitable Donations Charitable Organizations Compliance CRA Facebook Income Tax Act Political Campaigns Public Charities Social Media Twitter Websites

Beware of Telephone Tax Scams

Several clients have contacted me in recent weeks after receiving a telephone calls from individuals who claim to be from the Canada Revenue Agency. Typically, the caller will provide his name, an employee ID, a CRA office...more

8/14/2015 - CRA Tax Fraud Tax Scams

FCA Dismisses Appeal of Revocation of Charity Status

In Public Television Association of Quebec v. M.N.R. (2015 FCA 170), the Federal Court of Appeal dismissed the appeal by the Public Television Association of Quebec (“PTAQ”) of the CRA’s decision to revoke PTAQ’s registered...more

8/4/2015 - Appeals Canada CRA Educational Assistance Programs Television Broadcast Stations

SCC Dismisses Appeal in Tax Advisor Penalty Case

The Supreme Court of Canada has dismissed the appeal of the taxpayer and determined that the tax advisor penalty in section 163.2 of the Income Tax Act is administrative in nature. The Court’s 4-3 decision in Guindon v. The...more

7/31/2015 - Appeals Income Tax Act Supreme Court of Canada

SCC to Decide Tax Advisor Penalty Case on July 31

What is the nature of the third-party penalty in section 163.2 of the Income Tax Act? That question will be answered by the Supreme Court of Canada when it decides the case of Guindon v. The Queen (Docket No. 35519) on Friday...more

7/29/2015 - Canadian Charter of Rights and Freedoms Criminal Penalties Income Tax Act Supreme Court of Canada Tax Court

Zhang: BC SC Refuses to Rectify Share Transfer

In Zhang v. Canada (A.G.) (2015 BSCS 1256), the British Columbia Supreme Court refused to grant rectification of a transaction in respect of which the taxpayers had no common intention to avoid capital gains tax on a share...more

7/28/2015 - British Columbia Supreme Court Capital Gains CRA Private Company Shares Rectification Tax Returns Transfers

Tax Court Continues “New Approach” to Cost Awards

The Tax Court’s approach to cost awards has evolved significantly in recent years. The Court’s interpretation and application of the factors under subsection 147(3) and the new settlement offer rules in subsections 147(3.1)...more

7/16/2015 - Appeals Canada Settlement Sun Life Assurance Company of Canada Tariffs Tax Court Tax Credits

New Judges Appointed to the Tax Court of Canada and the Federal Court of Appeal

The Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice and Attorney General of Canada, today announced the following appointment: The Honourable Guy R. Smith, a sole practitioner in Ottawa,...more

6/26/2015 - Canada Judicial Appointments Tax Court Taxation

Fairmont: OCA Dismisses Crown’s Appeal in Rectification Case

The Ontario Court of Appeal has dismissed the Crown’s appeal in Fairmont Hotels Inc. v. A.G. (Canada) (2015 ONCA 441). In Fairmont (2014 ONSC 7302), the taxpayer was successful on an application for rectification of...more

6/22/2015 - Canada Corporate Taxes Ontario Rectification

76 Results
|
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×