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Courses/Law/Tax Law

Integrity in Tax Law: GAAR, Trusts, and Compliance 2025

Master key strategies in tax and M&A, from navigating complex regulations like GAR and trust reporting to optimizing deal structures and maximizing tax efficiencies in transactions.

Created byNathan Geib
4.9
(76 reviews)
BeginnerUpdated Oct 28, 2025
Integrity in Tax Law: GAAR, Trusts, and Compliance 2025

What You'll Learn

check_circleAnalyze current tax legislative flux and its impact.
check_circleIdentify GAR and mandatory reporting rules.
check_circleImplement effective trust reporting compliance.
check_circleNavigate capital gains planning complexities.
check_circleUnderstand new CRA audit powers.
check_circleResist unreasonable CRA decisions effectively.

About This Course

This advanced course provides a deep dive into the evolving landscape of Canadian tax law, highlighting significant legislative updates, court interpretations, and practical challenges faced by tax practitioners. Led by experienced tax lawyers, this session unpacks key developments in areas such as the General Anti-Avoidance Rule (GAAR), mandatory reporting and notifiable transactions, trust reporting requirements, and capital gains planning.

The discussion explores how new legislative amendments and administrative interpretations are reshaping tax planning strategies. From economic substance tests and the fairness preamble under GAAR to expanded audit powers and new disclosure obligations, participants gain a clear understanding of both the compliance expectations and the professional judgment required in applying these complex rules.

Practical insights are shared on how to identify and document commercial purpose, manage penalty risks, and adapt to changes in enforcement trends. Real-world examples—including surplus stripping, intergenerational transfers, employee ownership trusts, and bare trust filing rules—provide participants with concrete tools to strengthen advisory practices, ensure compliance, and anticipate risk in today’s heightened enforcement environment.

 

Topics Covered

1. The Current Tax Environment

  • Overview of Canada’s fiscal pressures and enforcement priorities
  • The growing emphasis on tax fairness and administrative enforcement
  • The expanding reach of CRA audit powers and compliance monitoring

2. The General Anti-Avoidance Rule (GAAR)

  • Key elements of GAAR: tax benefit, avoidance transaction, misuse or abuse
  • The new economic substance test and its implications for tax planning
  • The 25% penalty for abusive transactions and extended reassessment periods
  • The addition of a fairness-oriented preamble and its interpretive effects
  • Examples of transactions at risk under the new framework

3. Mandatory Disclosure and Reporting Rules

  • Distinction between reportable and notifiable transactions
  • The three “hallmarks” of reportable transactions: contingent fees, confidentiality, and contractual protection
  • Administrative exemptions and the problem of “rule by administrative fiat”
  • Penalties for non-compliance and advisor liability considerations

4. Trust Reporting and Bare Trusts

  • Expanded trust reporting requirements and their reach
  • Understanding bare trust arrangements and who must file
  • Penalties for non-filing, including the 5% penalty of trust property for knowing non-compliance
  • Best practices for maintaining defensible documentation and audit-ready files

5. Capital Gains Planning After Legislative Changes

  • Evolution of capital gains extraction strategies and CRA scrutiny
  • Historical context: Section 84.1, GAAR amendments, and surplus stripping
  • The balance between genuine business transactions and abusive planning
  • Practical planning opportunities that remain viable under the new regime
  • Implications of alternative minimum tax (AMT) changes and rate adjustments

6. Emerging Opportunities and Transitional Rules

  • Complexities and opportunities in intergenerational business transfers
  • Introduction of employee ownership trusts as succession tools
  • New voluntary disclosure program updates and their practical use
  • Maintaining economic substance and documentation in all planning strategies

7. Practical Compliance and Risk Management

  • Identifying transactions that may attract CRA scrutiny
  • Maintaining contemporaneous notes and documenting commercial rationale
  • Aligning legal, accounting, and advisory perspectives in tax planning
  • Ethical and professional obligations under evolving tax legislation

 

Your Instructors

Nathan Geib
Nathan Geib
menu_book44 courses
star6,833 reviews

The CPA Small Practitioners’ Forum was created to offer an inviting, semi-causal, and easygoing professional development weekend that provides substantial professional development value to small practitioners. All profit earned by the CPA Small Practitioners’ Forum is donated to the Alberta CPA Education Foundation, so you are helping young people in Canada get scholarships for university. All these courses are reviewed by the delegates at the Forum in Banff annually so we have a great lineup that is adjusted every year to keep things relevant to small practitioners. If you work at a public accounting firm in Canada with employees of 1-50 people, you are our target demographic and you should find this course useful.

Andrew  Bateman
Andrew Bateman

Partner at Miller Thomson

Andrew’s practice covers a broad spectrum of taxation law, with a primary focus on private corporations, trusts, family groups, and individuals. Areas of focus include transactions and reorganizations, tax dispute resolution and litigation, trust and estate matters, First Nation taxation, and goods and services tax. As a sought-after speaker and writer, Andrew provides insights to respected associations and publications, such as the Canadian Tax Journal, Legal Education Society of Alberta, Canadian Bar Association, Banff CA Small Practitioners Forum, and the University of Calgary Faculty of Law. Before becoming a lawyer, Andrew earned his Bachelor of Commerce and spent 10 years in the franchising industry, where he worked in a number of sales and executive roles. This hands-on experience shaped Andrew’s aptitude for negotiations, strategy, problem-solving, and conflict management. Andrew obtained his Juris Doctor degree from the University of Calgary and received a number of tax and other academic awards. Prior to joining Miller Thomson, Andrew practiced for 15 years at a boutique tax law firm in Calgary.

Bryant  Frydberg
Bryant Frydberg

Partner at Miller Thomson

Bryant Frydberg is an experienced corporate tax and mergers and acquisitions lawyer who works mainly with owner / manager and other private corporations. Bryant also carries on a complementary business law practice. Bryant is committed to providing excellent service. He is accessible and responsive; he takes a pragmatic approach to solving problems and helping clients achieve their goals and objectives. Bryant’s practice includes: Corporate tax law: Bryant advises on all matters of corporate tax law including mergers and acquisitions, succession planning, planning and implementing other corporate reorganizations, and tax-driven corporate restructurings for private corporations. Mergers and acquisitions: Bryant acts for both purchasers and sellers in Canadian and cross-border merger and acquisition transactions, including structuring of the purchase and sale transaction. Corporate/commercial law: Bryant assists with unanimous shareholder agreements, cost-share agreements, and general business law matters. Bryant has considerable experience in transactions with dental support organizations (DSO), including selling dental practices to DSOs and structuring of DSOs. Bryant is a frequent writer and speaker on tax and corporate/commercial matters. He is also the editor of the “Estate Freeze” chapter in Miller Thomson on Estate Planning.

Credit Information

Is this course eligible for my CPD requirements as a Canadian CPA?

Provincial regulators of CPAs in Canada do not require that independent providers of CPD be approved to offer courses. Instead, individual CPAs are responsible for assessing whether a CPD activity meets their requirements, and may take activities from any source provided those requirements are met.

Every course offered on LearnFormula is delivered by a qualified subject matter expert or learning organization, and advances learning objectives that are relevant to the responsibilities or professional competencies of Canadian CPAs. All activities on LearnFormula are quantifiable in terms of hours, and are also verifiable, in that users receive documented evidence of their attendance via a certificate of completion after finishing a course (and this certificate is stored by LearnFormula indefinitely). Nearly 100,000 Canadian CPAs successfully satisfy their CPD requirements via LearnFormula on an annual basis.

What Students Are Saying

4.9
Student's Choice
76 reviews

Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.