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  • Article

    A Canadian Tax Lawyer's Guide To S.51 Rollovers: What And How Shareholders Can Convert Equity Into New Shares Without Capital Gains

    S.51 rollovers are one of the many tax-free rollovers the Income Tax Act provides taxpayers. A s.51 rollover allows a taxpayer to convert debt or shares in a corporation to new shares of that corporation on a tax-free basis.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Case Comment: Uppal Estate v. The King, 2024-816(IT)G Upholds Procedural Fairness For Canadian Taxpayers In Tax Litigation With The CRA, Tax Court

    The Tax Court of Canada's decision in Uppal Estate v. The King (2025) 2024-816(IT)G, a motion to strike pleadings brought by the Canadian tax litigation lawyer for the taxpayer, addresses procedural fairness in tax litigation...
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Repairs And Maintenance Costs In Real Estate Rental Businesses: Canadian Tax Lawyer Guide

    For many Canadians it has become a common investment to supplement one's income by purchasing real estate and renting those properties to generate rental income.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Zvilna v. Canada: Director's Liability For Unpaid Taxes: A Canadian Tax Lawyer's Note Of Caution To Directors

    The Tax Court of Canada has recently decided a case regarding director's liability for unremitted GST/HST.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Challenging Gross Negligence Penalties: Canadian Tax Lawyer Guide

    This case was a split decision with the taxpayer's Canadian tax lawyer winning the argument against gross negligence penalties but losing with respect to statute barred years.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Qualifying Disability Trusts – Canadian Income Tax – Toronto Tax Lawyer Guide

    As of January 1, 2016, testamentary trusts began having their income taxed at the highest marginal tax rate unless a specific exception applies which allows for graduated income tax rates to apply.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Repeated Failure To File Income Tax Penalty

    Under Canada's income tax system, taxpayers are required to calculate, report and pay their taxes in accordance with the applicable deadlines.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Who Has More Enforcement Powers? Comparing The Canada Revenue Agency (CRA) And The U.K. Tax Authority (HMRC)

    The Tate brothers, Andrew and Tristan, are British-American influencers known for their controversial online presence, particularly Andrew, who has amassed a significant following through social media for his misogynistic views and lifestyle advice.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Restrictive Covenants In Business Sales Or Share Sales: How To Navigate The Default Rule, Plus Statutory Relief From CRA

    When a business is sold, whether through a share sale or an asset sale, the purchaser almost invariably demands restrictive covenants—such as a non-competition or non-solicitation agreement—from the selling shareholders or key principals.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Principled Settlement For Tax Litigation: Toronto Tax Lawyer Guidance

    The Canadian legal system encourages legal disputes to be resolved by settlements rather than litigation to provide for relatively speedy and cost-effective resolutions to legal disputes.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Top 2016 Year End Income Tax Planning Tips By Canadian Tax Lawyer Part 2

    The charitable sector is key to the quality of life for many Canadians, and it relies on donations from ordinary Canadians in order to function. In this Part 2 of our year end tax planning article our expert Canadian tax lawyers discuss year end income tax planning for charitable donations
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    A Canadian Tax Lawyer's Perspective On Incoterms ® And GST/HST Taxation

    International commercial terms or Incoterms® are a set of pre-defined, generally accepted terms and related acronyms developed by the International Chamber of Commerce ("ICC").
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Canadian Tax Lawyer Explains The Basics Of Alter Ego Trusts

    An alter ego trust is an inter-vivos trust, which means it's created during your lifetime, established after 1999.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    When The Canada Revenue Agency Executes A Search Warrant – A Canadian Tax Lawyer's Analysis

    The Canadian Income Tax Act gives the CRA a wide range of powers such as auditing or examining certain books and records from a taxpayer, or even enter business premises to carry out its inspection.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    A Canadian Tax Lawyer's Perspective On Income Tax Voluntary Disclosure Relief

    The Canada Revenue Agency's voluntary disclosure program allows taxpayers to come forward proactively to correct prior errors or omissions with their taxes.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Case Analysis: Why A Business Must Demonstrate Actual Business Activities Before Applying For Business Tax Deductions – Lienaux v. The King

    Charles Lienaux, a chartered professional accountant, claimed $15,436 in business expenses for 2019, primarily related to motor vehicle costs ($11,605), home office expenses ($1,550), and hotel expenses ($1,320).
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    CRA Income Tax Penalties – Failure To File Tax Returns Electronically Penalties –Toronto Tax Lawyer Analysis

    The Canadian Income Tax Act requires certain corporations to file their annual income tax returns electronically.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Gill V. The King -Transferring Property Among Family Members, When You’re In Debt To CRA? That Triggers Secondary Tax Liability (Because It Appears To Be A Tax Dodge)

    Section 160 of the Income Tax Act (ITA) is one of the most potent collection tools available to the Canada Revenue Agency (CRA). While most tax liabilities are personal to the individual who earned the income, section 160 creates a form of “derivative” or secondary liability.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    Gordon Et Al v The Queen – Canadian Tax Lawyer's Analysis And Comments

    The plaintiffs, Allan Jay Gordon, James A. Deacur and Associates Ltd. [and James Allan Deacur sought damages from the government of Canada alleging that the Canada Revenue Agency conducted tortious act in its criminal investigation.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.
  • Article

    How Social Media Influencers Are Taxed In Canada- Income Earned Via Instagram, YouTube, WhatsApp, TikTok, Pinterest, Reddit, Facebook

    In the ever-evolving world of social media, individuals have found new avenues to express their creativity, share their passions, and build thriving businesses.
    CanadaTax
    Rotfleisch & Samulovitch P.C.
    Rotfleisch & Samulovitch P.C.

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