Whether you encounter a tax audit or find yourself in a tax dispute, our team is comprised of adept, detail-oriented, and inventive negotiators. In instances where a legal confrontation is unavoidable, our experts will fearlessly and resolutely advocate for your interests, whether it involves an audit, a CRA appeal, or a tax court proceeding.
Tax Controversy & Litigation
Expertise and Experience
There is a distinct difference between representing clients and presenting them with effective solutions.
Our Commitment
Interacting with the Canada Revenue Agency can be stressful and costly. Individuals and businesses deserve fair treatment within the bounds of the law, and we are here to protect those rights. Having a lawyer by your side adds an extra layer of protection to ensure your interests are safeguarded throughout the process.
We are committed to ensuring that our clients:
- Pay no more tax than is required by law
- Experience fair, courteous, and professional treatment
- Benefit from the utmost privacy and confidentiality protection
- Attain high-quality and cost-effective resolutions to their tax issue
Tax Litigation
Tax controversy with the Canada Revenue Agency spans various stages, commencing with an audit to assess a taxpayer’s adherence to tax regulations. Following the audit, taxpayers retain the option to contest the findings through appeals within the CRA, wherein additional evidence or arguments can be presented. Should the dispute persist, recourse to the Tax Court of Canada is available. From kickoff of an audit through appearing in court, our lawyers adeptly advocate and negotiate for your interests. We are fearless and methodical about getting the right result. Throughout the process, from the onset of an audit to courtroom appearances, our lawyers skillfully advocate and negotiate on behalf of our clients. We approach each case with fearlessness and methodical precision, ensuring we secure the best possible outcome.
Audit & Compliance
Our tax lawyers specialize in representing taxpayers during audits, a critical and sensitive stage of any tax dispute. The advantages of retaining a tax lawyer from the beginning of your dispute with the CRA are numerous, with the most crucial benefit being the protection of your rights through lawyer-client privilege. This privilege ensures that the information you share with your tax lawyer remains confidential, providing a secure and protected environment for discussing the intricacies of your case.
Objections
The Notice of Objection is a vital step in the CRA Appeals process. Having a tax lawyer at this stage ensures ongoing protection through lawyer-client privilege and taps into their expertise in legislation and up-to-date knowledge of relevant case laws. For taxpayers undergoing reassessment, engaging a tax lawyer enhances the chances of a favorable outcome in the appeals process. With a tax lawyer by your side, you can confidently navigate the complexities of CRA Appeals, knowing your rights are protected and your case is in capable hands.
Appeals to the Tax Court of Canada
If you remain in disagreement with the decision reached in the CRA Appeals, your next course of action is to appeal to the Tax Court of Canada. We will initiate this process by filing your notice of appeal, participating in document exchange, conducting discoveries, exchanging undertakings, and preparing for and representing you during the trial. While settlements often bring resolution to many cases at this stage, ensuring fairness for everyone involved, in instances where the CRA’s stance is fundamentally flawed, we are ready to go to trial to pursue a fair resolution.
Taxation and Real Estate
At Artunis Law, we specialize in providing customized legal services designed for builders, developers, real estate investors, and landlords currently navigating audits or reassessments by the CRA. Our tax lawyers, armed with a deep understanding of real estate law and transactions, bring invaluable expertise to address the intricacies of real estate audits.
GST/HST New Housing Rebate
The GST/HST new housing rebate enables individuals to reclaim a portion of the Goods and Services Tax (GST) or the federal component of the Harmonized Sales Tax (HST) paid for a new or substantially renovated home intended for use as the individual’s or their relative’s primary residence, provided all other eligibility conditions are satisfied. In many instances, taxpayers may receive an audit letter from the CRA questioning the eligibility for the rebate. To optimize outcomes and safeguard your rights, it is advisable to engage the services of a tax lawyer with expertise in this specific area of tax law.
GST/HST New Residential Rental Property Rebate
The GST/HST New Housing Residential Rental Rebate is a program in Canada designed to provide relief to individuals who invest in new residential properties intended for rental purposes. This rebate allows property owners to recover a portion of the Goods and Services Tax (GST) or the federal part of the Harmonized Sales Tax (HST) paid on the construction or purchase of eligible rental properties. Given the complexity of tax laws and eligibility criteria, property owners could find it advantageous to consult with our skilled tax lawyers for professional guidance. This will help to ensure compliance and optimize your rebate claims.
Input Tax Credits (ITCs)
The input tax credit (ITC) mechanism, as outlined in the Excise Tax Act, enables businesses to recover the GST/HST paid or payable on eligible purchases and expenses related to their commercial activities. In simple terms, an ITC is the means by which businesses recover the GST/HST paid or payable. This mechanism is designed to ensure that businesses are not unduly burdened by these taxes and can effectively manage their costs. Many businesses encounter uncertainty regarding the requirements to support ITC claims—what is eligible, what information is needed—and, as a result, they may miss out on cost recovery.
Voluntary Disclosure
The Voluntary Disclosures Program (VDP) provides individuals with an opportunity to rectify inaccurate or incomplete information, disclose previously unreported details in a filed tax return, or submit a tax return that should have been filed. Upon acceptance of a VDP application by the CRA, the taxpayer is obligated to settle the taxes owed along with any applicable interest. However, acceptance into the program also grants eligibility for relief from prosecution and, in certain situations, relief from penalties and a portion of the interest that would otherwise be imposed. To qualify for the VDP, specific criteria must be met. Before initiating your initial contact and submitting your application to the CRA, it is advisable to consult with our tax lawyers to receive expert advice.
CRA Collection Actions
Knowing what to say and what not to say to a CRA collector is crucial during a tax dispute. If you face reassessment for income or GST/HST, our experienced tax lawyers can assist you. Under the Excise Tax Act, there are no collection restrictions, empowering CRA collectors to take legal actions for collection. Having a lawyer represent you during this challenging stage of a tax dispute can be advantageous. We will guide you through interactions with assertive CRA collectors, offering effective planning and strategy at each dispute stage. Our expert advice and representation are aimed at ensuring you pay the CRA only what is legally required.
Taxpayer Relief
Submitting taxpayer relief applications provides individuals with a method to request the CRA for the waiver or cancellation of penalties or interest. However, when initiating such requests, it is vital for taxpayers to consider several tips to enhance the chances of a favorable outcome. Before proceeding with your application, consulting with our lawyers can maximize your chances of success.
Experiencing unfair tax asessments? Stressed over tax disputes with CRA?
Artunis Law is dedicated to resolving and mitigating the risks of Canadian tax disputes. We can help.
