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Canadian Tax Cases 2026: What the Courts Decided and What It Means for Your Clients

From non-CCPC planning and price adjustment clauses to moving expenses decided with Google Maps, learn what the latest Canadian tax cases mean for your planning and disputes.

Created byNathan Geib
emoji_eventsEditor's Pick· 5.0/5All LevelsUpdated Oct 29, 2026

What You'll Learn

  • check_circleExplain the key outcomes and reasoning of recent Canadian tax decisions, including how the courts are currently applying GAAR.
  • check_circleEvaluate the planning risks in estate freezes, voting control shares, and price adjustment clauses, and document a reasonable basis for share valuations.
  • check_circleApply the factors courts use to distinguish capital gains from business income, including secondary intention and the point at which property converts to inventory.
  • check_circleAdvise clients on TFSA over-contribution exposure and the strict conditions for relief from the penalty tax.
  • check_circleChoose an appropriate strategy for disputing penalties, including the due diligence defence, taxpayer relief, and voluntary disclosure.
  • check_circleIdentify practical lessons from recent cases on foreign tax credits, moving expenses, lost records, director liability, GST and employment deductions.

About This Course

Every year brings new tax decisions that change how Canadian practitioners plan, file and defend their clients’ positions. In this fast-paced annual review, experienced tax advisors work through the most relevant recent cases from the Tax Court of Canada, the Federal Court and the Federal Court of Appeal, explaining what was decided, why it matters, and how to apply the lessons in practice.

The session opens with a case still in its early stages that could affect estate freezes across Canada: CRA’s position that “skinny” voting control shares held by a family trust carry significant value at the 21-year deemed disposition. It then covers the Federal Court of Appeal’s decision applying GAAR to non-CCPC planning, a technical trap that sank a similar plan, a favourable ruling on price adjustment clauses in an estate freeze, and the Federal Court of Appeal’s reversal of a section 160 assessment in a commercial property sale.

The panel then covers a wide range of everyday issues: deducting legal fees for someone else’s tax dispute, the evidence CRA can require for foreign tax credits, capital gain versus business income (including when a rental property converts to inventory), PUC averaging plans, TFSA over-contribution penalties and the limits of relief, and repeated failure to report penalties. Further cases cover moving expenses and the 40-kilometre test, T1135 penalties and voluntary disclosure, net worth audits, director liability after a corporation is revived, claiming expenses after receipts are lost, GST on a mixed-use building, the stock option deduction, employment expense claims, and a pending challenge to an unexpected CRA reassessment of a large corporation.

Topics Covered

  • Valuing voting control shares in family trust and estate freeze planning
  • GAAR and non-CCPC planning: the Federal Court of Appeal’s decision and its impact on pending disputes
  • The “Canadian corporation” definition and a technical trap for older corporations
  • Estate freezes: valuation, price adjustment clauses and reasonable basis
  • Section 160 liability in a facilitated property sale
  • Deducting legal fees for another person’s tax dispute
  • Foreign tax credits: what evidence CRA can require
  • Capital gain versus business income, secondary intention, and converting property to inventory
  • PUC averaging plans and GAAR
  • TFSA over-contribution tax and the limits of relief
  • Repeated failure to report penalties, the due diligence defence, and taxpayer relief
  • Moving expenses and the 40-kilometre test
  • T1135 penalties and voluntary disclosure
  • Net worth audits and gross negligence penalties
  • Director liability for GST after a corporation is revived
  • Supporting expenses when original receipts are lost
  • GST self-assessment on a mixed-use building
  • Stock option deduction under paragraph 110(1)(d) and factual arm’s length
  • Employment expenses, Form T2200, and commuting costs
  • Challenging a CRA reassessment after a long, inactive audit

Course Content

1 activity • 1 videos • duration: 2h

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Tax Court Trends: Lessons from Recent Litigation1 videos • 2 hours
  • videocamTax Court Trends: Lessons from Recent Litigation
    Duration 120:14

Your Instructor

Nathan Geib

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star6,907 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.

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.

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Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 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.

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