CRA (the Canadian income tax department) has the right to serve third party demands, without a court order, on debtors or potential debtors of a taxpayer who owes money to CRA. If you receive such a third party demand you must make payments directly to CRA, and not to your creditor. The Canada Revenue Agency (Canadian tax department) has recently changed its rules for interest reduction on a voluntary disclosure (tax amnesty application). They will no longer waive or reduce interest for years prior to 1995. Communications between a taxpayer and his accountant are not subject to privilege and can be seized by the authorities including the Canada Revenue Agency. However communications made and materials prepared by accountants are privileged when the accountant is the client’s agent for the purpose of obtaining legal advice.
Once the Canada Revenue Agency (the Canadian income taxation department) commences an investigation to look for evidence of tax evasion, the protections afforded by the Canadian Charter of Rights are applicable and CRA can no longer use its statutory audit and investigation powers such as the requirement to provide information set out in the Income Tax Act.
An offshore (non-Canadian) corporation may still be taxable in Canada if the guiding mind and management of the corporation are in Canada. In order to avoid Canadian income tax an offshore corporation must be managed offshore. The Tax Court of Canada confirmed in the case of MICHAEL MELNYCHUK v. HER MAJESTY THE QUEEN that vitamins, even if prescribed by a physician for a patient undergoing chelation therapy, are not deductible medical expenses for purposes of the Canadian Income Tax Act. In the Canadian income tax case of 9044-2807 Québec Inc. v The Queen, 2004 FCA 23, the Federal Court of Appeal held that corporations were associated under subsection 256(5.1) of the Income Tax Act by virtue of de facto control based on the controlling influence of one corporation on the other. The Canada Revenue Agency (the Canadian income tax department) has wide powers of inquiry and investigation under the Canadian Income Tax Act, including the power to demand records and information. A person who refuses to comply with the requirement to provide information is subject to prosecution under section 238 of the Tax Act. Consider retaining a Canadian taxation lawyer for assistance.
A taxpayer who incurs a loss for Canadian income tax purposes cannot file a Notice of Objection. The taxpayer must request a Notice of Determination from the Canada Revenue Agency (the Canadian tax department) and then file an Objection to it. In the Tax Court of Canada decision of Baker et al v The Queen 2004 TCC 375 the judge ruled that employees who work four hours per day, five days per week were not engaged in full- time employment, and that as a result their corporate employer did not carry on an active business for Canadian Income Taxion purposes. In the recent Tax Court of Canada case of Burleigh (2004 TCC 197), the TCC said that an individual’s loss that was not reported in his income tax return in the year incurred was deductible in a later year. Therefore an individual is entitled to a loss deduction for a previously unreported loss, subject to carryover time limitations. In the recent Federal Court Trial Division case of MNR v. HSBC BANK OF CANADA 2004 FC 467 the court held that CRA (the Canadian income tax department) had priority over the interest of a secured creditor that realized on its security at the time that a tax debtor owed source deductions. On December 12, 2003, the Canada Customs and Revenue Agency (CCRA) (the Canadian tax authority) became the Canada Revenue Agency (CRA). However, until it’s officially modified by an act of Parliament, CCRA remains the only name that can be used on documents of a legal or contractual nature.
In Airport Auto (2003 GTC 899-105), CCRA (the Canadian Income Tax Agency) attempted to force a purchaser to pay GST again after the vendor did not remit the tax. The court dismissed CCRA’s argument and held that, based on simple agency law, the payment of the tax to a vendor as the Crown’s agent extinguishes the payer’s liability to pay the tax in the absence of fraud or collusion or explicit statutory language to the contrary; any other outcome would be “ludicrous.” Once CCRA (the tax department) commences a criminal investigation of a taxpayer they must act in accordance with the Canadian Charter of Rights and Freedoms. If CCRA (the Canadian income tax department) believes that a taxpayer may dispose of assets and it may not be able to collect amounts owing to it, it can apply to a court without notice to the taxpayer for a “jeopardy order” allowing it to take collection action at the same time as it issues an assessment. http://www.taxpage.com/topten.htm
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CANADIAN CHARTER OF RIGHTS AND FREEDOM Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General Application of Charter Citation
http://laws.justice.gc.ca/en/charter/ Application of Charter Application of Charter 32. (1)This Charter applies a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. ======= WAKE UP PEOPLE and R.E.A.D. this PLAY from one of their many...many...many Plays/Acts of Parliament. the "Canadian Charter of Rights and Freedom" does NOT apply to YOU @ ALL!!!! ...and furthermore WHO THE F.U.C.K. are THEY to GIVE you ANY RIGHTS/FREEDOM!!!? ONLY S.L.A.V.E.S. ask their masters for rights and for their freedom!!! those Law Makers SHOULD BE HUNG AND PISSED ON -- just like i read that Italians did to Mussolini during WWII.