Personal Finance

Recommedations for a Tax lawyer?

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  • Mar 18th, 2022 3:45 pm
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Deal Addict
Feb 11, 2013
1181 posts
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Recommedations for a Tax lawyer?

Hey All,

Apologies in advance if this post does not belong here. I am looking for a Tax lawyer and would love a recommendation from the community here. Please post here or PM me directly.

Thank you!
18 replies
Deal Addict
Dec 27, 2017
1035 posts
1114 upvotes
Ontario
Pursuit2013 wrote:
I am looking for a Tax lawyer and would love a recommendation from the community here. Please post here or PM me directly.
The gold standard in Canada, depending on your needs, is Thorsteinssons. I'm more familiar with their Toronto office, but I see you are from BC, and they are originally from out there. Details: https://www.thor.ca/about/
Deal Addict
Feb 11, 2013
1181 posts
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Optimizer88 wrote: The gold standard in Canada, depending on your needs, is Thorsteinssons. I'm more familiar with their Toronto office, but I see you are from BC, and they are originally from out there. Details: https://www.thor.ca/about/
Sorry I need to update my profile but we moved from BC and reside in ON (GTA)
Deal Addict
Oct 22, 2016
1047 posts
987 upvotes
Comox Valley
I have used this firm https://www.kswlawyers.ca/services-2/bu ... nd-appeals
Found they were fair, and the price reasonable.

The specific lawyer that worked for them moved on to another firm, and his details are here
https://www.kkbl.com/ryan-greer

My case went all the way to tax court. As soon as it got to that stage, the CRA lawyer took a look at it, and made a fair and reasonable offer to me, which I accepted.
Deal Addict
Dec 27, 2017
1035 posts
1114 upvotes
Ontario
Pursuit2013 wrote: Sorry I need to update my profile but we moved from BC and reside in ON (GTA)
Then by all means, check with their Toronto office! Their direct line is (416) 864-0829. Good luck!
Deal Addict
Feb 11, 2013
1181 posts
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If I have to pay $8K to cra. Is it still worth going through a lawyer. Just wondering on average how much it would cost for a small case.
Deal Addict
Dec 27, 2017
1035 posts
1114 upvotes
Ontario
Pursuit2013 wrote: If I have to pay $8K to cra. Is it still worth going through a lawyer. Just wondering on average how much it would cost for a small case.
That varies really heavily depending on the details of the case, if it is a clear error by the CRA, a clear error by you, or a grey area that requires tax law interpretation. It really is best to interview 2-3 tax law firms and get their free estimates of what it would entail to retain them for your issue and hopefully reach a resolution that works for you. Good luck!
Deal Addict
Feb 11, 2013
1181 posts
329 upvotes
ON
Optimizer88 wrote: That varies really heavily depending on the details of the case, if it is a clear error by the CRA, a clear error by you, or a grey area that requires tax law interpretation. It really is best to interview 2-3 tax law firms and get their free estimates of what it would entail to retain them for your issue and hopefully reach a resolution that works for you. Good luck!
Thanks for your help! Appreciate it.
Deal Expert
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Sep 1, 2005
21702 posts
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Markham
Pursuit2013 wrote: If I have to pay $8K to cra. Is it still worth going through a lawyer. Just wondering on average how much it would cost for a small case.
It's not about how much you have to pay CRA.

Who did your taxes?
Did you claim something that you can't/shouldn't have?
did you not declare some income?
Where is the "debt" coming from?

Maybe you just need an accountant to help you interpret whether the assessment is reasonable or not?
We're all bozos on the bus until we find a way to express ourselves...

Failure is always an option...just not the preferred one!
Member
Mar 26, 2012
461 posts
362 upvotes
If you tax problem will likely not going to be litigated in court, it is better off to consult a tax accountant. The tax department of any medium to large CA firms will do a good job.

Paying $8k to CRA is a small amount, and the Thorsteinssons lawyers can easily charge u $1000+ an hour.

You may wish to describe your tax problem here, and some may tell you if you have good case to win thru filing a notice of objection (appeal) yourself.
Deal Addict
Feb 11, 2013
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fkungery wrote: If you tax problem will likely not going to be litigated in court, it is better off to consult a tax accountant. The tax department of any medium to large CA firms will do a good job.

Paying $8k to CRA is a small amount, and the Thorsteinssons lawyers can easily charge u $1000+ an hour.

You may wish to describe your tax problem here, and some may tell you if you have good case to win thru filing a notice of objection (appeal) yourself.
Thanks. I might just try it on my own.

Basically CRA denied our HBP withdrawal from years ago because we did not live in it. We bought a pre-construction house 4 years ago. I changed careers so we had to stay close to toronto. My new job in Downtown Toronto started 8 days before my HBP withdrawal. CRA said because HBP withdrawal was made after the job change, that I did not intend to live in it. Truth of the matter is, we tried to make it work and the decision wasn't made in a span of a month but closer to closing.

CRA is not buying it. We were renting the entire time and did not own a property before this and had no intention to rent the property or to make a profit. This was our home to be. As rented for first year and sold it immediately and bought a home near a go station which was closer to Toronto. We lost a lot of money on buying and selling again but it is what it is.
Last edited by Pursuit2013 on Mar 18th, 2022 10:36 am, edited 1 time in total.
Deal Addict
Feb 11, 2013
1181 posts
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Numbersman1941 wrote: I don’t like your chances of winning this one
That's fair.

I forgot to add that we sold that property the following year and immediately bought a home closer to GO station. The house size is exactly the same (same # bedrooms/bath) as our new home. We also did upgrades which came after the HBP withdrawal.

At the end of the day, how else can I prove our intent? If CRA is looking for documented proof then of course we don't have that. But really, why would anyone invest in a rental property while being a renter themselves? I just don't get it.
Deal Addict
May 12, 2003
1008 posts
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You don't necessarily need a tax lawyer, but a qualified CPA should be able to give you some advice for fraction of the cost.

Also, I don't have all the relevant facts, but based on what you've mentioned, doesn't look like you're going to win.

You may be able to find a CA/CPA that charges $250-$350/hour and give you some advice on this.
Pursuit2013 wrote: That's fair.

I forgot to add that we sold that property the following year and immediately bought a home closer to GO station. The house size is exactly the same (same # bedrooms/bath) as our new home. We also did upgrades which came after the HBP withdrawal.

At the end of the day, how else can I prove our intent? If CRA is looking for documented proof then of course we don't have that. But really, why would anyone invest in a rental property while being a renter themselves? I just don't get it.
Deal Addict
Feb 11, 2013
1181 posts
329 upvotes
ON
ssj4_ootaku wrote: You don't necessarily need a tax lawyer, but a qualified CPA should be able to give you some advice for fraction of the cost.

Also, I don't have all the relevant facts, but based on what you've mentioned, doesn't look like you're going to win.

You may be able to find a CA/CPA that charges $250-$350/hour and give you some advice on this.
OK. That's a good idea. I will seek a CPA that is well versed in this area. Thank you.
Member
Aug 23, 2021
325 posts
321 upvotes
I presume you have exhausted your appeals with CRA. Not worth going to Tax Court. If you lose, CRA will try to convince the judge that you should pay some of their costs.
Deal Addict
Feb 11, 2013
1181 posts
329 upvotes
ON
Numbersman1941 wrote: I presume you have exhausted your appeals with CRA. Not worth going to Tax Court. If you lose, CRA will try to convince the judge that you should pay some of their costs.
I haven't filed for an objection yet, only back and forth correspondence online where they asked for supporting documentations.

I guess my next step would be to get in touch with a CPA and see if I should file for an objection. I agree that going to court may not be worth the cost
Member
Aug 23, 2021
325 posts
321 upvotes
Pursuit2013 wrote: I haven't filed for an objection yet, only back and forth correspondence online where they asked for supporting documentations.

I guess my next step would be to get in touch with a CPA and see if I should file for an objection. I agree that going to court may not be worth the cost
Consult a CPA - there are deadlines to for filing notice of objection.
Member
Mar 26, 2012
461 posts
362 upvotes
Pursuit2013 wrote: That's fair.

I forgot to add that we sold that property the following year and immediately bought a home closer to GO station. The house size is exactly the same (same # bedrooms/bath) as our new home. We also did upgrades which came after the HBP withdrawal.

At the end of the day, how else can I prove our intent? If CRA is looking for documented proof then of course we don't have that. But really, why would anyone invest in a rental property while being a renter themselves? I just don't get it.
The tax courts and CRA look at the primary intention (evidence that u intended to move into the pro-con), and secondary intention (i.e., possible alternative option as rental property if your primary intention to move in didnt become a reality), and the whole course of conduct (e.g., u in fact didnt move into that pre-con?).

If u still think that u have a case, file a notice of objection ASAP within the time limit, and see if the appeal officer will allow your appeal.

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