Protection and Advisory
We believe that the best defence against tax disputes is a strong offence. We provide a variety of services to our clients to protect them from future tax disputes.
We provide legal opinions analyzing the chances of success in Court on various matters. Typically, litigation opinions are sought to supplement and support existing tax opinions. In a litigation opinion we review and consider whether the available evidence will be sufficient to prove the necessary facts in Court and the strength of legal positions applying the provable facts.
Film and Television Production Tax Credits
We advise on the availability of Federal and Provincial production tax credits and provide services to arrange for the preparation of all necessary documentation. We also provide on-going compliance services.
We obtain court orders from the Ontario Superior Court to retroactively correct errors in documents or transactions that were not consistent with the original intentions. We are leaders on tax related rectification applications successfully representing the taxpayer in the leading case (Fairmont Hotels Inc.) at both the Ontario Superior Court and the Ontario Court of Appeal.
We prepare financial models to demonstrate, quantify, and explain the impact of existing rules and/or proposed legislation on various transactions.
Contemporaneous Documentation Preparation and Review
We work with clients to prepare comprehensive contemporaneous supporting documentation for use during potential government audits. We ensure that all necessary documents are properly prepared and are consistent with the business and/or tax reasons for the transactions.
In-House Advisory Services
We provide on-demand legal services taking on the function of in-house counsel as needed. We learn your business and provide support to your tax and legal teams as necessary. In this role we can provide (either on a demand or subscription basis) advisory services including the review of business transactions from a tax dispute perspective, advising on tax reserves, reviewing internal practices such as privilege procedures, or reviewing/managing the work product of external counsel.
Transfer Pricing Document Preparation and Review
We work with external advisors and internal teams to prepare and review contemporaneous transfer pricing documentation. We closely monitor Canadian case law, the views of the OECD (including the BEPS project) and government administrative positions. We review whether documentation is material and complete as legislatively required and the appropriateness of transfer pricing methodologies and comparables.
Legal Updates, Internal Training and Presentations
We provide bespoke presentations, training and written legal analysis to our clients, their employees, leadership boards, and foreign offices on a variety of relevant topics such as protecting legal privilege, OECD transfer pricing developments, case law updates, proposed legislation and issues involving employee/contractor status.