Molly Luu

Partner | Toronto

416.595.7903

Portrait of Molly Luu

Budget 2021 – Tax enforcement, audits, and oral interviews

Recently, Chrystia Freeland, Deputy Prime Minister and Minister of Finance, presented the  2021 Budget on behalf of the Government of Canada (“GOC”). Debits and Credits. The cornerstone of any accounting textbook. For the federal government, the debits (spending) have not...

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Audit First, Pay GST/HST Tax Refunds (Much) Later

Canadian Tax Focus, Volume 10, Number 4, November 2020

GST/HST registrants who commonly make zero-rated supplies often file a return claiming a net tax refund, relying on the prompt payment of that refund in order to finance their businesses. The minister is required to pay the refund “with all...

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Appeals of Charity Revocations: What Is The Proper Standard?

Canadian Tax Focus, Volume 10, Number 4, November 2020

Until recently, when a charity challenged its revocation at the FCA, the charity had to prove that the CRA’s decision to revoke was unreasonable. It now appears that the charity must prove that the CRA committed a palpable and overriding...

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Revoking a charity’s registration: The standard of review

Canadian Tax Focus, Volume 10, Number 3, August 2020, 10-11

In Ark Angel Foundation v. Canada (National Revenue) (2019 FCA 21), the minister’s decision to revoke the charitable status of the Ark Angel Foundation was upheld, apparently on the basis that the foundation had insufficient control and oversight over the use of...

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Molly Luu quoted in Toronto Star article on COVID-19 bailouts for tax-haven companies

Toronto Star, "Justin Trudeau’s position on COVID-19 bailouts for tax-haven companies gets murkier"

The article examines whether companies registered in tax havens should be excluded from receiving COVID-19 bailout funds: There are too many unanswered questions about how the government would exclude companies from receiving bailout funds, said Molly Luu, a tax lawyer...

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To delay or not? Extensions by the CRA and the Tax Court of Canada

CRA has published its position on collections, audit, objections and appeals in light of the COVID-19 pandemic. Most noteworthy, CRA’s stated positions are the following: “Collections activities on new debts will be suspended until further notice, and flexible payment arrangements...

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COVID-19: Sales tax and tax controversy updates and insights

Businesses of all sizes are scrambling to adapt to the constantly changing world in which we find ourselves. Owners are worried about cash flow. Routine business operations are migrating online. New revenue streams are being explored. Meanwhile, we are inundated...

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