Tax

In addition to the specialized tax planning services we provide through Torkin Manes’ Private Client Services Group, our tax lawyers advise a variety of clients with general tax issues ranging from basic to complex. We provide creative, tax efficient and cost effective solutions to various tax challenges.

We collaborate with our clients’ internal tax and accounting departments, external accounting firms, financial advisors and investment bankers to address all of their tax needs. In doing so, we develop and implement not only our own tax planning strategies, but also those of our clients’ other advisors, creating a streamlined approach that maximizes efficiency. Our Tax Group also represents clients in tax dispute matters involving the Canada Revenue Agency and provincial tax authorities.

Recognizing that tax matters encompass almost every facet of life, our team works closely with all the practice groups in our firm to address general tax planning, as well as related issues that arise in both corporate transactions and personal matters. We draw on a wealth of experience representing both private and public corporations, limited partnerships, financial institutions, private equity firms, securities dealers and advisers, and investment funds in both domestic and cross-border transactions.

Owner Manager / Estate Planning

We advise on and implement tax effective solutions for individuals and families, including owners of privately held businesses, professionals and other high-net-worth individuals with respect to their personal and corporate tax planning needs. In doing so, we work with our colleagues in our Trusts & Estates, Family Law, Real Estate and Not-for-Profit & Charities Groups. Our capabilities in this area include:

• Estate freezes
• Trusts
• Succession planning
• Tax-structured wills
• Post-mortem planning
• Tax minimization and remuneration planning
• Shareholder agreements

Corporate Reorganizations

We have the depth of experience and knowledge to ensure that our clients’ corporate reorganizations will meet both their business needs while being carried out in the most tax efficient manner. 

• Butterfly transactions
• Loss utilization planning
• Amalgamations
• Wind-ups
• Incorporations
• Tax-deferred rollover planning
• Tax minimization amongst related groups and shareholders

Corporate Finance and Investment Funds

Our Tax Group works closely with the Corporate/Commercial Group to structure investment funds and other private equity investments. We assist clients with structuring and implementing transactions, including private placements and public offerings of securities, and capital pool company (CPC) transactions.

International Tax Planning

We regularly advise clients on the tax consequences of cross-border transactions, including acquisitions, sales, financings, partnerships, licensing arrangements, joint ventures and the structuring and restructuring of international groups. Our team advises international clients on doing business in Canada and Canadian clients expanding their businesses abroad. 

We also advise individuals on international tax planning, leveraging the expertise of international advisors to ensure integration between the applicable jurisdictions. We have significant experience working with US advisors on US income and estate tax matters. Other services from which our clients can benefit are:

• Inbound and outbound investments and transactions
• Cross-border planning for businesses
• Transfer pricing
• Dual citizens
• Immigrating to Canada
• Emigrating from Canada
• Foreign trusts

Commodity Tax

We help clients in all areas of federal and provincial commodity tax, whether it be in the supply, import or acquisition of goods or services. Members of our Tax Group provide skilled legal advice with respect to sales and other indirect taxes on the purchase and sale of a business, audits and disputes, as well as cross-border transactions.

Dispute Resolution

Our tax lawyers provide thoughtful and experienced advocacy on behalf of clients in both federal and provincial tax disputes. We represent corporate and individual clients at all stages of the dispute resolution process, from audits to objections to appeals. We also have considerable experience in drafting and negotiating Voluntary Disclosures. Other services we offer in relation to tax dispute resolution are:

• Audits
• Notices of objection
• Tax litigation
• Collection matters
• Taxpayer relief applications

Mergers and Acquisitions

When purchasing or selling a business or assets, the tax consequences will often dictate the structure of the deal. Our Tax Group works closely with our Corporate/Commercial Group to advise and implement a tax efficient structure on the purchase or sale of a business or assets. Some of our services include advising on structuring and implementing:

• Share transactions
• Asset transactions
• Hybrid sale transactions
• Pre-sale tax planning
• Pre-acquisition tax planning
• Tax due diligence