For additional analysis, see our Insights.
.jpg?width=120&name=Counter%20Tax%20Litigators%20Logo%20Stacked%20(MidnightBlue%20on%20White).jpg)
The Tax Court’s Bench and Bar Committee and the Canadian Bar Association’s Tax and Charities sections have sponsored a new resolution proposing that the Canadian Bar Association renew its efforts to persuade Parliament to expand the Tax Court of Canada’s exclusive jurisdiction for all tax-related matters including judicial review of the Minister of National Revenue’s and the Canada Revenue Agency’s discretionary decisions under the voluntary disclosure program and the taxpayer relief provisions.
Supporters of the resolution believe that consolidating all tax matters within a specialized and expert court will improve cost, efficiency and service to taxpayers. Critics believe that the Federal Court provides good service to taxpayers and warn that the proposed change is a major substantive change.
We believe that this debate is important and any discussion that may lead to improved service, efficiency and access to justice in tax matters is gladly received. Unfortunately, the Canadian Bar Association’s governing council has decided to postpone its voting on the resolution until its next meeting in February 2012.
For additional analysis, see our Insights.
Filing a Notice of Objection places part of the dispute on the record before it is treated as final. That record shapes how the matter is assessed and what can still be changed.
Decisions made after a CRA reassessment form the dispute record before they are recognized as final. That record shapes what can be said, changed, and defended later.
A CRA reassessment sets out a position. It does not show what will determine the outcome. How it is interpreted, carried forward, and placed on the record defines what can still be changed.
Leveraged growth leads to CRA reassessments and disputes. This insight explains how exposure modelling, objection strategy, and dispute readiness affect a company’s ability to reduce or overturn a reassessment.
After a CRA reassessment, management must make decisions while the information is incomplete. Those early decisions shape the tax dispute, and lender and board scrutiny.
This insight explains how management's initial framing of a CRA dispute with partners, lenders, and boards will shape stakeholders' evaluation of management's performance.