The Minister of Finance, the Minister of Justice and the Attorney General of Canada have invited the public to comment on proposed changes to the Tax Court of Canada’s Rules.
If adopted, the proposals would:
increase the Tax Court’s Informal Procedure limit to $25,000 or where a loss does not exceed $50,000 (the current limit is $12,000 or to $24,000 for a loss);
allow the Tax Court to resolve issues independently; and
provide a decision that bind a group of appeals regarding substantially similar transactions.
Quebecor v. HMK underscores that CRA challenges to loss consolidation hinge on interpretation over mechanics and on whether the outcome aligns with Parliament’s intent.
A clear view into how courts choose between competing case theories in tax disputes, and why the business’s real decision environment often shapes the interpretation and outcome.
Wuswig v. HMK confirms that under GAAR, economic substance and credible purpose, not mechanical compliance, determine whether corporate losses will stand.
Analysis of the Husky Energy withholding dispute and how courts chose among competing case theories by aligning structure, operations, and cross-border reporting.
CRA’s audit architecture drives reassessments that behave like capital market shocks inside private companies. This article examines the structural forces at play and how executives maintain control once CRA formalizes its position.
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