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June 13, 2016: Requirement for Information Minister of National Revenue v. Royal Bank of Canada

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Cyndee Todgham Cherniak presented on the Canada Revenue Agency's ability to seek information from third-parties (think Panama Papers) at the Commodity Tax Discussion Group meeting.

For more information, please contact Cyndee at cyndee@lexsage.com or at 416-307-4168. Alternatively, visit www.lexsage.com.

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June 13, 2016: Requirement for Information Minister of National Revenue v. Royal Bank of Canada

  1. 1. CYNDEE TODGHAM CHERNIAK Requirement for Information Minister of National Revenue v. Royal Bank of Canada
  2. 2. Section 289 of the Excise Tax Act • Subsection 289(1) of the ETA is the authority for the Minister requesting information/documents from third parties (someone other than the taxpayer). • Subsection 289(2) of the ETA provides the rule when the Minister knows who they want information/documents from but does not know the names of the persons • Subsection 289(3) sets out the process where the Minister does not know names – application to Federal Court Solutions
  3. 3. Discussion about MNR v. RBC (Court File No. T-703-16 • Motion materials circulated to group • Relates to Panama Papers & identification of approx. 370 entities • Section 231.2 of the ETA (not the ETA) • Application to Federal Court for an order authorizing the Minister to impose on RBC “a requirement for information and documents relating to a group RBC clients that are unnamed clients”… associated with Mossack Fonseca Solutions
  4. 4. Information/Documents Requested • Individuals – names, telephone numbers and addresses, as well as identification numbers and passport data; or where not available, the names telephone numbers and addresses of the nominees, fiduciaries, agents, attorneys or notaries for these individuals • Deceased individuals – their fiduciaries or personal representatives Solutions
  5. 5. Information/Documents Requested • Corporations • Names, telephone numbers and addresses • Identification numbers, and the names, telephone numbers and addresses of the directors and/or officers who had or have signing authority • Names, telephone numbers and addresses of nominees or agents • The names telephone numbers and addresses of shareholders or the shareholders’ trustees, nominees or agents Solutions
  6. 6. Information/Documents Requested • Trusts • The trust’s names, telephone addresses • Names, telephone numbers and addresses of trustees, agents, nominees or others with authority to act; or who are designated by the trust to deal or transact on its behalf; or who acts as the contact for the trust • Partnerships • The partnership’s names and addresses; • The names, telephone numbers and addresses of the partners • The names, telephone numbers and addresses of general partners, agents, nominees or others Solutions
  7. 7. What to Do If Get A Requirement To Provide Information • Review the Request carefully (do not throw it out) • Contact the CRA representative requesting information • If unnamed persons, respond to Federal Court Motion • If named persons, can bring an application for judicial review • REMEMBER Section 293 of the ETA Solicitor-Client Privilege Defence Solutions
  8. 8. Cyndee Todgham Cherniak cyndee@lexsage.com Phone: (416) 307-4168

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