Canadian Tax Journal/Revue fiscale canadienne最新文献

Policy Forum: Using Retributive Justice To Ensure Public Trust in Canada's Tax System 政策论坛：利用报复性司法确保公众对加拿大税收制度的信任

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.pf.farrar

Jonathan Farrar, Tisha King

{"title":"Policy Forum: Using Retributive Justice To Ensure Public Trust in Canada's Tax System","authors":"Jonathan Farrar, Tisha King","doi":"10.32721/ctj.2024.72.1.pf.farrar","DOIUrl":"https://doi.org/10.32721/ctj.2024.72.1.pf.farrar","url":null,"abstract":"To ensure public trust in the tax system, retributive justice must be present. That is, tax offenders must be held accountable for their unethical behaviour and punished in accordance with tax laws. In this article, the authors first summarize recent academic research about the deterrent effect of knowledge of others' tax-crime punishments. They classify this research into two categories: archival \"naming-and-shaming\" research and experimental tax ethics research. Next, they report the results of a survey of adult Canadian taxpayers in which they assess the perceived severity of tax-crime punishments. They compare these survey results with aggregate tax-crime punishment data in Canada and show that there is an expectations gap between what Canadians believe constitutes appropriate punishment for tax crimes and actual punishments. Finally, the authors discuss enforcement and other challenges for tax authorities in bringing about retributive justice, and consider other ways in which tax authorities might make tax offenders accountable for their crimes. Their ultimate suggestion is that the Canada Revenue Agency needs to increase its perceived power by increasing the frequency of actual prosecutions for tax evasion. Recent proposals for reform of the general anti-avoidance rule may lead to more prosecutions.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140773290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

False Statement or Omission Penalties in Canadian Tax Law 加拿大税法中的虚假陈述或遗漏处罚

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.stevens

Mark Stevens

{"title":"False Statement or Omission Penalties in Canadian Tax Law","authors":"Mark Stevens","doi":"10.32721/ctj.2024.72.1.stevens","DOIUrl":"https://doi.org/10.32721/ctj.2024.72.1.stevens","url":null,"abstract":"This article examines the judicial interpretation of subsection 163(2) of the Income Tax Act, which penalizes taxpayers for false statements or omissions arising from \"knowledge\" or \"gross negligence.\" The article specifically focuses on the Federal Court of Appeal's decision in Canada v. Paletta, arguing that courts have inappropriately broadened the scope of the wilful blindness doctrine while insufficiently addressing the aspect of gross negligence. The author advocates for a narrower application of wilful blindness, consistent with other areas of law, and an expanded interpretation of gross negligence. This approach, through the incorporation of a \"cluster of ideas\" framework, would provide greater certainty and fairness for taxpayers, tax practitioners, and the Canada Revenue Agency in determining culpability for false statements and omissions. The author proposes a novel analytical framework for the interpretation of subsection 163(2), considering factors such as risk and consequences, wilful intent, culpable inadvertence, and departure from a standard of care. This framework is designed to guide courts in assessing taxpayers' conduct with a more balanced approach that more closely aligns with Parliament's legislative intent. Finally, the author underscores the importance of maintaining a clear distinction between wilful blindness and gross negligence in tax law, suggesting that this clarity will enhance the competitiveness and predictability of Canada's tax system, and better guide taxpayers in managing tax-related risks.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140755741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International Tax Planning: Taxation of Professional Athletes—Stickhandling Through the Maze 国际税务筹划：职业运动员税务--在迷宫中艰难前行

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.itp

Bruce Sprague, Daren Raoux

引用次数: 0

Personal Tax Planning: Online Gaming Windfalls—Know Your Odds When the House Is the Canada Revenue Agency 个人税务规划：在线游戏暴利--当赌场是加拿大税务局时，了解自己的胜算

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.ptp

Novaira Khan, Amy Dodds, Yanni Lu, Sean McGroarty

引用次数: 0

Policy Forum: Some Reflections on Ethical Considerations in Tax Litigation 政策论坛：关于税务诉讼中道德考量的一些思考

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.pf.gammie

Malcolm Gammie

引用次数: 0

Corporate Tax Planning: What Is a Tax Planner To Do After Deans Knight? 企业税务规划：迪恩斯-奈特之后，税务规划师该做什么？

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.ctp

Brian R. Carr, Brittany D. Rossler, Molly Martin

{"title":"Corporate Tax Planning: What Is a Tax Planner To Do After Deans Knight?","authors":"Brian R. Carr, Brittany D. Rossler, Molly Martin","doi":"10.32721/ctj.2024.72.1.ctp","DOIUrl":"https://doi.org/10.32721/ctj.2024.72.1.ctp","url":null,"abstract":"The authors of this article review the current jurisprudential landscape surrounding tax-avoidance cases, in both the general anti-avoidance rule (GAAR) and non-GAAR contexts, for the purpose of assisting tax planners. The authors begin by addressing the challenges of achieving perfect certainty in the interpretation of tax provisions other than GAAR. They discuss how the background of judges can affect the decision-making process. They then review recent non-GAAR jurisprudence, highlighting instances where courts reject unacceptable tax plans and underscoring the courts’ generally unsympathetic stance toward aggressive tax plans that appear to defy common sense. The authors then analyze the Supreme Court of Canada’s decisions in Canada v. Alta Energy Luxembourg SARL and Deans Knight Income Corp. v. Canada. They compare the two decisions in detail and suggest how taxpayers might respond to these seemingly divergent judgments. Turning to the recently proposed amendments to GAAR, the authors question the necessity of these changes, in light of the Supreme Court’s recent guidance on the application of the provision in Deans Knight. The article concludes by offering practical suggestions for tax planners with the aim of equipping them to navigate GAAR in implementing tax plans.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140768553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Policy Forum: Editors' Introduction—Ethics and Taxation 政策论坛：编辑导言--伦理与税收

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.pf.editors

Kim Brooks, Kevin Milligan, Daniel Sandler

引用次数: 0

Finances of the Nation: Survey of Provincial and Territorial Budgets, 2023-24 国家财政：2023-24 年省级和地区预算调查

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.fon

David Lin

引用次数: 0

Policy Forum: Ethics and Tax Practice—We Need To Talk 政策论坛：道德与税务实践--我们需要谈谈

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.pf.wensley

Karen Wensley

引用次数: 0

The Pivotal Role of Capital Gains in Efficient and Progressive Tax Reform 资本利得在高效和累进税制改革中的关键作用

Canadian Tax Journal/Revue fiscale canadienne Pub Date : 2024-04-01 DOI: 10.32721/ctj.2024.72.1.kesselman

Jonathan R. Kesselman

{"title":"The Pivotal Role of Capital Gains in Efficient and Progressive Tax Reform","authors":"Jonathan R. Kesselman","doi":"10.32721/ctj.2024.72.1.kesselman","DOIUrl":"https://doi.org/10.32721/ctj.2024.72.1.kesselman","url":null,"abstract":"Increased, targeted taxation of capital gains is key to making the personal income tax more progressive, and it can also contribute to a more efficient system. This article assesses a two-tier capital gains tax that would apply a second, higher inclusion rate for gains above a specified threshold. Relative to a general increase in the inclusion rate—widely promoted by tax analysts—a two-tier scheme would focus on high-income, high-wealth taxpayers, forgo limited revenue, and be more publicly acceptable and politically viable. Relative to reforms to the alternative minimum tax (AMT), the two-tier scheme would be simpler, cover more taxpayers, capture more revenue, and conform more closely to the notion that \"the rich pay their fair share.\" The article explains how capital gains are an amalgam of capital and labour inputs, often containing supernormal returns that are an efficient target for increased taxation. The article further details the high concentration of recurrent large capital gains at top income levels and critically assesses arguments commonly made against raising the gains inclusion rate. It also identifies desirable companion measures for a two-tier gains tax—including restoration of income averaging and abolition of the federal 33 percent top tax bracket and the AMT itself. In short, the current 50 percent capital gains deduction serves as a gateway for endless tax-minimizing and economy-distorting stratagems. Closing that gate even partway for those most prone to enter into such planning would be pivotal in making Canada's tax system both more efficient and more progressive.","PeriodicalId":375948,"journal":{"name":"Canadian Tax Journal/Revue fiscale canadienne","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140780882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0