Tax Litigation & Dispute Resolution

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Based upon our experience in resolving and mitigating the risks of Canadian tax disputes, we provide clear and cost-effective paths to success for our clients.

Tax disputes have increasingly become a way of life for taxpayers both in Canada and beyond. In the face of intense media scrutiny relating to tax avoidance and tax evasion, the Canadian government has provided CRA with additional resources to expand CRA audits of Canadian taxpayers, to focus on cross-border transactions and to target specific types of arrangements that CRA considers offensive. Taxpayers face the ongoing challenge of defending tax positions and managing tax risk in the face of a constantly changing legislative, administrative and judicial landscape.

Bennett Jones lawyers are well positioned to provide strategic advice and support to clients in avoiding tax disputes, managing tax disputes when they arise, resolving tax disputes prior to litigation and, if necessary, litigating the disputes through the courts. We work with our clients to resolve tax disputes efficiently and effectively. Our lawyers represent clients in the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, provincial courts, the Supreme Court of Canada and in dealings with CRA, including Canadian Competent Authority.

Bennett Jones was founded in 1922 and has been providing Canadian tax advice to clients for decades. Members of our Tax Litigation and Disputes Resolution Group collectively offer over 150 years of experience to clients. Bennet Jones has more individuals ranked in Chambers Global with respect to Tax Litigation than any other law firm in Canada. Former Supreme Court of Canada Justice, the Honorable John C. (Jack) Major CC, QC, is Counsel to the firm and Bennett Jones lawyers have been appointed as judges of the Tax Court of Canada, the Federal Court and the Federal Court of Appeal. Ed Kroft, Q.C., has served on the Tax Court of Canada Rules Committee and the Federal Court Bench and Bar Committee. We publish Bennett Jones on Tax Disputes through Thomson Reuters and TaxNetPro.

The Bennett Jones Tax Litigation & Dispute Resolution team advises clients on tax disputes relating to issues such as the following:

  • Federal and provincial GAAR and other tax avoidance provisions;
  • Goods & Services Tax and Harmonized Sale Tax;
  • Excise Tax;
  • Transfer pricing and advance pricing arrangements;
  • Income tax treaty interpretation and competent authority requests;
  • Foreign accrual property income;
  • Financial transactions;
  • Valuation of business assets;
  • Characterization of amounts as income or capital gains;
  • SR&ED tax credits;
  • Shareholder and employee benefits;
  • Provincial capital taxes.

Cases Representative of Our Lawyers' Experience

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