This seminar considers the use of tax instruments to achieve social and economic goals. Now is a perfect time for studying this because governments around the globe – including the Canadian government – are relying on tax measures to respond to the social and economic challenges, such as building a strong Canadian economy in the face of US tariffs, balancing promotion of investment and economic development against reducing wealth/income inequality and promoting fairness. This seminar provides an opportunity for students to learn about tax policy in action, and more importantly, develop skills in legal and public policy analysis, research and writing that can be applied in all areas of law.
Even though the readings include literature in economics and political science, the emphasis of this seminar is on the law, that is, tax statutes and tax rules. One of the objectives is to help students write like a lawyer and talk like a lawyer.
To take this seminar, students should have an intellectual curiosity, and be prepared to read and think like a legal professional. A detailed course outline and written guidance for each module of the class will be provided in advance.
Guest speakers will be invited to lead some discussions.
This tax policy seminar is open to students who are enrolled in the “tax stream” as well as students who are interested in exploring a tax issue at a deeper level. It serves as the capstone course for the Tax Law Program.
The seminar is designed to help students bring together the knowledge and skills they have developed in tax and related courses and discuss foundational principles (e.g., the ability to pay principle underlying progressive income tax and taxing each corporation as a separate person), concepts (e.g., income versus capital; debt versus equity), rules (e.g., the GAAR) and policies (e.g., using tax instruments to advance industrial or environmental objectives) in specific scenarios or fact patterns. The goal is to help students further develop their critical thinking, writing and problem solving skills so that they are more “practice ready”.
Seminar materials include classic tax readings, current topics, leading cases. The last module uses GAAR cases to illustrate how tax policies, tax law drafting, tax planning and tax litigation intersect in a given factual situation.
Students are expected to be engaged and active learners.
The purpose of the seminar is to step back from the substantive context of tax law to examine the procedures and skills involved in working as a tax lawyer in various settings, whether in tax planning or tax controversy. It is structured around topics that are central to the practice of tax and focuses on the progression of a tax dispute from the planning stages through to litigation. It reviews key features of the audit, assessment, and appeals processes, with an emphasis on early resolution. Through the use of a case study, students will also learn about the basic structure of a tax appeal and gain familiarity with the procedures for litigating the appeal, from the perspective of the Crown and the taxpayer.
This course examines the nature and the application of GST/HST and consumption taxes in Canada. GST/HST, value-added taxes, and sales taxes play a key role in the overall tax base, but students of tax typically have no formal introduction to the topic. This course will be of interest to students seeking a more comprehensive understanding of the tax system. The first part of the course is devoted to foundational concepts. Students will learn why consumption is taxed, the different forms of consumption taxes, and the key principles of modern consumption tax systems. The second part focuses on how those principles are put into practice by the Canadian GST/HST rules. Topics will also include important design and administrative challenges, such as regressivity, the digital economy, fraud, real property, and financial services. Class format will encourage participation, and may include discussions about assigned topics or case studies.
The objective of this course is to teach students the core principles of the GST/HST and similar consumption taxes, and how they are operationalized in legislation. This will allow students to develop a framework for understanding and analysing consumption tax problems in their professional practice. Students will also enhance their skills of statutory interpretation, technical analysis, and clear communication that are invaluable for success in all tax disciplines.
This is not an accounting course. Neither is it a course singularly concerned with public finance. While income tax law is unavoidably concerned with public finance and tax accounting, there is so much more to it. The determinations of what is “income”, who is a “taxpayer”, which taxpayers pay which rates of income tax and the scope of tax deductions / credits carry profound socioeconomic implications. This course provides an introductory survey of income tax taking up the policy and technical dimensions of income tax with a central emphasis on the taxation of individuals. The course imparts knowledge relevant to core income tax concepts, financial literacy, recurring political debates (which often involve questions of taxation) and strategies for working within a complex statute.
The material for this course will be delivered in an lecture format. All assigned readings will be supplemented by detailed PowerPoint materials. These materials are not cryptic bullet point summaries of the readings. Instead, they are carefully prepared to bring greater context, organization and coherent explanation to assigned readings. All PowerPoint materials follow a disciplined, consistent and orderly format, breaking materials down by topic and sub-topic. The verbally delivered lecture content tracks very closely with the PowerPoint materials, adding further explanation, context and debate to these materials. If students scrutinize the readings, digest the supplementary PowerPoint materials and participate in lectures, they will be equipped to succeed in the course.
This course examines the federal income tax treatment of resident corporations and their shareholders. It also deals, to a limited extent, with the income tax treatment of partnerships and their members. It considers the basic income tax concerns of business enterprises: the decision to incorporate; considerations when capitalizing a corporation; the use of professional, personal services, and executive management corporations; the small business deduction and associated companies; remuneration of the owner manager; transferring assets to a corporation; statutory amalgamations, arrangements, and continuations; liquidations; and demergers and reorganizations of capital.
The above “technical” issues will be discussed , the course will provide students with the legislative framework and fundamental principles and concepts. The technical rules may appear “mechanical”, but they have an underlying logic. At the end of the course, students are expected to appreciate the nuanced relationship between income tax law, corporate law and financial accounting and why tax law respects the corporate form in some circumstances and effectively “disregards” the corporate form in other circumstances. The ultimate objective of this course is to help students learn how to learn.
This course provides students with an in-depth understanding of the international tax landscape, focusing on the interaction between the Canadian Income Tax Act and the global tax regime, in order to enhance their issue spotting and problem-solving skills when crafting international tax structures. The globalization of trade and investment flows as well as technological advances have created a borderless world which has profoundly affected income tax structuring for both individuals and Canadian corporations. Students will explore cross-border (USA) and offshore tax issues that are critical for Canadians engaged in global activities. The curriculum covers both domestic tax law and international tax rules and treaties, focusing on the various principles that are key for Offshore and Cross Border business structuring, such as Central Management and Control, Foreign Accrual Property Income (FAPI), Excessive interest and financing expenses limitation rules (EIFEL), the General Anti-Avoidance Rule (GAAR), revenue shifting and transfer pricing, the American Global Intangible Low Taxed Income rules (GILTI), international tax treaties, Organization for Economic Cooperation and Development (OECD) rules, Web3 and Metaverse related tax issues and more.
This is not an accounting course. Neither is it a course singularly concerned with public finance. While income tax law is unavoidably concerned with public finance and tax accounting, there is so much more to it. The determinations of what is “income”, who is a “taxpayer”, which taxpayers pay which rates of income tax and the scope of tax deductions / credits carry profound socioeconomic implications. This course provides an introductory survey of income tax taking up the policy and technical dimensions of income tax with a central emphasis on the taxation of individuals. The course imparts knowledge relevant to core income tax concepts, financial literacy, recurring political debates (which often involve questions of taxation) and strategies for working within a complex statute.
The material for this course will be delivered in an lecture format. All assigned readings will be supplemented by detailed PowerPoint materials. These materials are not cryptic bullet point summaries of the readings. Instead, they are carefully prepared to bring greater context, organization and coherent explanation to assigned readings. All PowerPoint materials follow a disciplined, consistent and orderly format, breaking materials down by topic and sub-topic. The verbally delivered lecture content tracks very closely with the PowerPoint materials, adding further explanation, context and debate to these materials. If students scrutinize the readings, digest the supplementary PowerPoint materials and participate in lectures, they will be equipped to succeed in the course.
Taxation Law is the foundational course in tax. It is one of the highly recommended courses for
students at Osgoode. It is intended for students who find tax issues intriguing or want to develop a stronger understanding of tax. It is also for those who are interested in the many substantive areas of law which invariably intersect with tax.
The course is a survey of the federal income tax system, with a focus on the taxation of individuals. Students will learn about the general framework of the Income Tax Act, come to appreciate the underlying principles and policies of the system, and develop statutory interpretation skills that will serve them well in practice.
Students are expected to prepare for classes by completing the assigned readings and reflecting on them. The amount of readings for the course is modest. Attendance is required.
The main reading material for the course is Li, Magee and Wilkie, Principles of Canadian Income Tax Law (10th edition). Students will have access to an electronic copy of this book. They may also obtain a hard copy from the publisher (Thomson Reuters) or the York University Library.