Tax Court of Canada
| Tax Court of Canada | |
|---|---|
| Established | 1983 |
| Country | Canada |
| Location | Ottawa, Ontario |
| Authorized by | Tax Court of Canada Act |
| Website | Tax Court Homepage |
| Chief Justice | |
| Currently | Eugene Rossiter |
| Since | December 19, 2014 |
The Tax Court of Canada (TCC) (French: Cour canadienne de l'impôt), established in 1983 by the Tax Court of Canada Act, is a federal superior court which deals with matters involving companies or individuals and tax issues with the Government of Canada.
Appeals of decisions of the Tax Court of Canada are exclusively within the jurisdiction of the Federal Court of Appeal. On occasion, the Supreme Court of Canada grants leave to appeal a federal tax case from a decision of the Federal Court of Appeal where the question involved is considered to be of public importance.
The litigation of a federal tax dispute is commenced by a taxpayer filing a Notice of Appeal in the Tax Court of Canada. Cases may proceed either by way of Informal or General Procedure. The Informal Procedure is a simplified process available to taxpayers where the total tax and penalties (but not interest) at issue is CAD$25,000 or less per taxation year ($50,000 in the case of GST).
In General Procedure cases, discoveries are held by exchange of documents followed by the examination, without a judge, of one witness on behalf of each party. One or both parties may then apply for a hearing date where witnesses will be examined and cross-examined before a judge and documents formally entered into evidence. Trials in the Tax Court of Canada typically take one day or less, particularly where the parties have agreed on all or substantially all of the facts, but in more complex and contentious cases the trial may not be completed for several weeks or even months.
In the Tax Court of Canada, the onus is generally on the taxpayer to prove its case on a balance of probabilities, except in respect of civil penalties where the Canada Revenue Agency carries the burden of proof. Generally, the Minister of National Revenue is represented by specialized tax litigation counsel from the Department of Justice.
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