Share on LinkedInShare on LinkedIn

ARTICLE · 01 NOVEMBER 2021

Taxpayers Must Pay Interest On Non-Existent Tax Debts

In The Bank of Nova Scotia v The Queen, the Tax Court of Canada (TCC) considered how to calculate arrears interest on an audit adjustment that is offset by a loss carryback.

CanadaTax

In The Bank of Nova Scotia v The Queen, the Tax Court of Canada (TCC) considered how to calculate arrears interest on an audit adjustment that is offset by a loss carryback. The Court endorsed the Canada Revenue Agency's (CRA's) practice of charging arrears interest on the adjustment through to the year of the audit, not the year of the loss. The CRA's approach can result in substantial amounts of interest, which can exceed the amount (if any) of actual additional tax due. Taxpayers under audit that have losses available for carryback should carefully consider their potential arrears interest liability and take steps to minimize it.

Background

Following a transfer pricing audit, the Bank of Nova Scotia (BNS) entered into a settlement with the CRA on March 13, 2015, whereby certain amounts would be included in its income for the 2006 to 2014 taxation years. At the same time as the settlement, BNS asked that the balance of its non-capital losses available from its

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from