Meet our Canada: Tax Assistance Experts

Rotfleisch & Samulovitch PC will soon be celebrating its 30th anniversary as a tax and corporate law boutique firm.  Founding lawyer, David Rotfleisch is an expert in the realm of income tax law. You might say that income tax is David’s passion for he is not only a Canadian tax lawyer, he is a chartered professional accountant. The tax law firm focuses on income tax planning and will structure tax free reorganizations or rollovers and implement them. By understanding tax planning and how the Income Tax Act works, our tax litigation lawyers are better able to handle income tax and GST/HST litigation, fighting CRA at all levels from audit through the Tax Court and Federal Court of Canada, and we have brought a leave application to the Supreme Court of Canada.  Our Canadian law firm has helped start-up businesses, resident and non-resident business owners and corporations with their corporate and income tax affairs, and over the years, have  assisted numerous corporations and individuals with simple and complex income tax, GST  and will and estate planning matters as well as tax amnesty and tax litigation issues.

David’s second passion is technology, and with an extensive background in the computer and IT industry, he is especially adept at dealing with high-tech legal issues, such as software development and intellectual property.

Our tax law firm has extensive experience with voluntary disclosures for unreported income or unreported offshore assets.  Our income tax lawyers have successfully handled hundreds of  VDP applications on behalf of Canadian taxpayers  who have deliberately or accidently committed tax evasion or fraud or failed to file tax returns of offshore asset forms.  Our tax amnesty clients have avoided prosecution and tax penalties.

As Benjamin Franklin said, nothing is certain except death and taxes, and in Canada death triggers taxes.  We help Canadian taxpayers reduce taxes on death through tax structured will and estate plans. We have carried out numerous estate freezes for clients, shifting capital gains taxes that would otherwise be due on death to the next generation.

One of the most interesting and difficult areas of income tax law in which our Canadian tax lawyers practice is tax planning.  Income tax planning for a small or medium business (SMB) involves tax minimization for the individuals and families who own the business as well as for the corporation itself.  It is an ongoing planning process to reduce the overall combined income tax burden of the business and the family owners.  We often work with the business’ CPA to either structure the tax plan from inception, or to review and refine a proposed tax structure and to implement it. Our corporate and business lawyers draft all agreements and documents necessary to implement the tax reduction plans.

Fighting CRA is what our income tax litigation lawyers do every day.  Our tax law firm is often retained by accountants at various stages of the tax dispute process, audit, objection or tax court appeal.  Tax lawyers bring solicitor client privilege to the income tax file, so the sooner our firm is involved the sooner the taxpayer has the protection of privilege.  We then retain the accountant to extend the privilege to the accountant files that would otherwise be subject to CRA seizure.  When we are retained directly by the taxpayer we evaluate the work that the accountant has done, and recommend that another accountant be retained if necessary.  Tax dispute resolution means we challenge CRA assessments or proposed assessments to make sure our clients only pay income taxes that are properly owing.

What happens when CRA collections officers try to enforce an income tax debt?  The tax collection officers are very aggressive and have extensive enforcement powers including the ability to seize assets and freeze bank accounts.  Dealing with CRA tax collection agents is something else that our tax litigators do every single day.  Our tax lawyers verify that the amount CRA is claiming is properly owing, and then we negotiate a payment arrangement that respects the taxpayers cash flow and satisfies the tax collector.  We will also submit a taxpayer relief (fairness) application to reduce penalties and interest, which can be greater than the original taxes,owing on the tax debt.

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Senior Tax Lawyer
+1 416 367 4222 
Tax Litigation and Planning
+1 416 367 4222 
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