Timothy Fitzsimmons

Timothy Fitzsimmons

Dentons

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Loss Determinations: No Time Like the Present

Under subsection 152(1.1) of the Income Tax Act, a taxpayer may apply for a determination of losses for a tax year. A taxpayer typically requests a loss determination after the CRA has issued a nil assessment. ...more

4/17/2015 - Canada Canadian Revenue Agency Income Tax Act Income Taxes

CRA Charities Directorate Publishes 2015 Program Update

The CRA Charities Directorate has published its 2015 Program Update. The CRA Charities Directorate has in recent years been actively updating and promoting the dissemination of its charity information, seeking the views of...more

4/15/2015 - Audits Canada Charitable Organizations Technology

CRA Appoints New Ombudsman

The CRA has appointed a new Taxpayers’ Ombudsman, the second since the position was created in 2008. From the CRA news release: April 10, 2015 – Ottawa – Canada Revenue Agency - The Honourable Kerry-Lynne...more

4/13/2015 - Administrative Appointments Canada Canadian Revenue Agency Ombudsman

Two New Judges Appointed to Tax Court of Canada

Two new judges have been appointed to the Tax Court of Canada. From the news release published by the Department of Justice: OTTAWA, February 6, 2015 – The Honourable Peter MacKay, P.C., Q.C., M.P. for Central...more

2/9/2015 - Canada Judicial Appointments Tax Court

McKesson: Taxpayer Files Supplementary Factum

As expected, the taxpayer has filed a Supplementary Memorandum of Fact and Law in its transfer pricing appeal in the Federal Court of Appeal. Earlier, the Federal Court of Appeal allowed the taxpayer’s motion to add a new...more

1/8/2015 - Canada McKesson Technologies Transfer Pricing

Lau: BC SC Corrects Articles of Incorporation After $17.3 Million Reassessment

Many tax rectification cases address situations in which certain transaction documents contain errors that do not accord with the parties’ intent to minimize or avoid taxes. However, there are several cases in which the...more

1/2/2015 - Articles of Incorporation Canada

Fairmont: Ont SCJ Unwinds Share Redemption and Substitutes Loan Arrangement

The common law doctrine of rectification operates to correct mistakes in transactions that produce (or may produce) unintended and adverse tax results. This was established in the landmark case of Juliar et. al. v A.G....more

12/31/2014 - Canada Fairmont Hotels Share Redemption

McKesson: FCA Allows Taxpayer’s Motion

The Federal Court of Appeal has allowed the taxpayer’s motion to amend its Notice of Appeal to add a new ground of appeal and to file a Supplementary Memorandum of Fact and Law. The Court of Appeal stated that the...more

12/22/2014 - Appeals Tax Appeals

Update: TCC and FCA Appointments

Tax Court of Canada - Associate Chief Justice Eugene Rossiter has been appointed as the next Chief Justice of the Tax Court of Canada. Justice Rossiter replaces current Chief Justice Gerald Rip, who has elected to...more

12/17/2014 - Canada Judges Political Appointments Tax Court

Legge: Improper Pleading Fatal to Crown’s Case

What must the Crown plead and how must she plead it? This question became an issue in the Tax Court’s recent decision in Legge v. The Queen (2014 TCC 360), in which the Tax Court allowed a taxpayer’s appeal due to the...more

12/10/2014 - Canada Pleading Standards Tax Appeals

Guindon: SCC Hears Arguments in Penalty Case

The Supreme Court of Canada heard oral arguments today in the case of Guindon v. The Queen (Docket No. 35519). At issue in the case is the nature of the third-party penalty in section 163.2 of the Income Tax Act....more

12/8/2014 - Canada Income Taxes Third-Party Liability

CRA Announces Collaboration with CPA Canada

As expected, the CRA has formally announced the details of its collaborative efforts with CPA Canada. The CRA recently spoke about this collaboration at the Toronto Centre CRA-Tax Professionals breakfast seminar....more

12/1/2014 - Accountants Canada CRA

McKesson: Additional Submissions on Motion

In the most recent developments in the McKesson transfer pricing case, the Respondent has filed its Written Representations in response to the Appellant’s motion to raise new issues on appeal, and the Appellant has filed a...more

12/1/2014 - Appeals Canada McKesson Technologies Transfer Pricing

Brogan Family Trust: CRA Not Entitled to Notice of Rectification Application

Is the CRA entitled to notice of a rectification application? In Brogan Family Trust (2014 ONSC 6354), the Ontario Superior Court of Justice said “no”, and dismissed the Crown’s motion to set aside an earlier...more

11/14/2014 - Canada Family Trusts Tax Planning

McKesson: Taxpayer Seeks to Raise Additional Issue on Appeal

The transfer pricing case of McKesson v. The Queen has raised procedural issues that are without precedent in Canadian tax cases. This week, those procedural issues became a central part of the matters that will be considered...more

11/6/2014 - Appeals Canada Income Tax Act Income Taxes Tax Liability

Guindon: SCC Hearing Scheduled for December 5, 2014

The highly-anticipated appeal to the Supreme Court of Canada in Guindon v The Queen has been scheduled for hearing on December 5, 2014, and the parties have now filed their factums in the appeal. The appeal concerns...more

10/27/2014 - Canada Income Tax Act Income Taxes SCC Tax Liability Third-Party Risk

Federal NFP Corporations Act: What’s Next?

Companies incorporated under the Canada Corporations Act (Part II) were required to be continued under the new Canada Not-For-Profit Corporations Act on or before October 17, 2014. Industry Canada has published a Q&A...more

10/22/2014 - Canada Ontario Not-for-Profit Corporations Act Ontario's Business Corporations Act

Beware of Tax Phishing Scams

We have recently become aware (again) of fake emails purporting to emanate from the CRA and informing the recipient that he/she has received an Interac email money transfer (i.e., a surprise refund). Generally, the...more

10/15/2014 - Canada Income Taxes Phishing Scams Scams

Whose Mistake? Ontario Sup. Ct. Rectifies Trust Deed

Most tax rectification cases address situations in which a professional advisor has made a mistake in the planning and execution of a transaction with the result that an unintended tax consequence follows (i.e., payment of a...more

10/9/2014 - Canada Dividends Income Taxes Tax Liability Trust Deeds

Finance Releases Annual Financial Report for 2013-14

The Department of Finance has released the “Annual Financial Report of the Government of Canada Fiscal Year 2013–2014?. Highlights include: - The Government posted a budgetary deficit of $5.2 billion for the fiscal...more

10/8/2014 - Canada Federal Budget Financial Reporting

McKesson: Trial Judge Recuses Self From Two Remaining Issues in Transfer Pricing Case

In McKesson v. The Queen (2014 TCC 266), Justice Patrick Boyle recused himself from the two remaining issues with which he was seized in the transfer pricing case – costs and the content of the court’s public file (i.e., the...more

9/11/2014 - Recusal Transfer Pricing

Tax Reminders? Now There’s an App For That

We have previously blogged about litigation apps and the absence of Canadian litigation and tax litigation apps. Yesterday, the Canada Revenue Agency introduced a new tool for tax compliance with the release of the...more

8/25/2014 - Business Taxes Canada Income Taxes

Communications With Experts: Moore v. Getahun and the Advocates’ Society Report

An expert does not draft his/her report in a vacuum. Communication with counsel is required. Ultimately, an expert must provide independent and objective evidence at a hearing. So the question arises as to what amount of...more

7/18/2014 - Canada Subject Matter Experts Tax Court

CRA: Tax treatment of Ponzi scheme investments

We have previously written about court decisions on the tax results arising from taxpayers’ (failed) investments in Ponzi schemes (see our posts on Roszko v. The Queen (2014 TCC 59), Johnson v. The Queen (2011 TCC 54) and...more

7/11/2014 - CRA Ponzi Scheme

Health Quest: Appeal allowed where Crown failed to properly plead assumptions

What is the result of the Crown’s failure to properly plead its assumptions in the Reply? This issue was considered by the Tax Court in Health Quest Inc. v. The Queen (2014 TCC 211) in which the Crown’s Reply included...more

7/10/2014 - Audits Canada Corporate Taxes Tax Court

44 Results
|
View per page
Page: of 2

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* 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.
×