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Full-Text Articles in Law

A Defence Of The Principled Approach To Tax Settlements, Saul Templeton Apr 2015

A Defence Of The Principled Approach To Tax Settlements, Saul Templeton

Dalhousie Law Journal

The Canadian Minister of National Revenue is responsible for administering and enforcing the majority of tax legislation in Canada. Where disputes arise with particular taxpayers over the correct amount of tax owed, the taxpaying public ought to have confidence that the Minister has a principled basis in law for settling disputes for less than amounts previously assessed. Yet opponents of the principled basis for settlement consistently call for reform, arguing that compromise settlement should be permissible. This paper responds to arguments raised for compromise settlement by reconciling the jurisprudence on the authority of the Minister to settle tax disputes. It …


The Case For A Canadian Offer-In-Compromise Program, Colin Jackson Jan 2015

The Case For A Canadian Offer-In-Compromise Program, Colin Jackson

Articles, Book Chapters, & Popular Press

Unlike the American Internal Revenue Service, the Canada Revenue Agency (CRA) is not permitted to compromise a tax debt or to accept less than the full amount that an impecunious taxpayer owes. Recent estimates of undisputed-uncollected tax debts in Canada approach $29 billion, suggesting it may be time for a change. This article advocates for the implementation of an offer-in-compromise program as a way to mitigate these uncollected tax debts and to promote overall equity in the tax system. The author argues that if the CRA has discretion to accept less than the full amount owed in certain cases, where …


A Retrospective On The Contributions Of Neil Brooks: So Far, Kim Brooks Jan 2015

A Retrospective On The Contributions Of Neil Brooks: So Far, Kim Brooks

Articles, Book Chapters, & Popular Press

This introduction to a symposium in honour of Neil Brooks originated in opening remarks at a workshop held on 10-11 May 2013.


The Troubling Role Of Tax Treaties, Kim Brooks, Richard Krever Jan 2015

The Troubling Role Of Tax Treaties, Kim Brooks, Richard Krever

Articles, Book Chapters, & Popular Press

The notional purpose of tax treaties is to prevent double taxation and tax evasion. The actual purpose is to reallocate taxing rights between an investor’s home jurisdiction (the residence state) and the host jurisdiction (the source state). The effect is to reduce or remove the taxing rights of a source state (a capital importing state) to leave more room for tax in the residence state (a capital exporting state). The revenue costs of agreeing to reduce taxing rights in a treaty are thought to be offset by other benefits. The benefits may be exaggerated. To the extent they may actually …


International Tax Policy: The Counter-Story Presented By The Brics, Kim Brooks Jan 2015

International Tax Policy: The Counter-Story Presented By The Brics, Kim Brooks

Articles, Book Chapters, & Popular Press

This chapter focuses on the international tax policy directions of Brazil, Russia, India, China, and South Africa (BRICS). The BRICS countries present something of a counter-story to the narrative that international tax law has harmonized. These five countries, major economic and trade players in the world but not members of the Organisation for Economic Co-operation and Development (OECD), have developed their international tax policy with an eye to the approach suggested by the OECD, but not necessarily in conformity with its strictures. This chapter explores the international tax policy directions of the BRICS jurisdictions under the familiar, broad heads of …