Minister justified in using alternative method given failure of registrant to maintain trustworthy records

Tax court of Canada | Tax | Goods and Services Tax | Administration and enforcement

Given absence of documents Minister assessed using alternative verification method based on employees’ salaries. Minister assessed registrant for GST and penalties. Registrant appealed. Appeal allowed in part. Salary verification method was accepted method. Minister justified in using alternative method given failure of registrant to maintain trustworthy records. Irrelevant that registrant sometimes replaced other employees without remuneration. Adjustments made to assessment because of errors in number of hours worked and days restaurant open. Minister justified in imposing penalty. Registrant and his accountant admitted that not all taxable supplies reported. Registrant knew report false and was grossly negligent in not reporting proper amount.

Langheit c. La Reine (2017), 2017 CarswellNat 7392, 2017 CCI 250, Johanne D’Auray J. (T.C.C. [General Procedure]).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Liberal MPP’s bill aims to ‘depoliticize’ and clear backlog from Ontario’s tribunal system

Ontario Superior Court awards damages after real estate deals fail due to broker's conflicting roles

Ontario Superior Court rejects jury trial in motor vehicle accident case due to procedural delays

Court of Appeal addresses wrongful conviction risk in 'Mr. Big' police stings

Empathy, human connection, and creativity separate lawyers from AI systems, says Tara Vasdani

Karen Perron named as associate justice of the Ontario Superior Court of Justice

Most Read Articles

School boards' lawyer suing social media platforms hopes trial reveals inner workings of algorithms

Court of Appeal addresses wrongful conviction risk in 'Mr. Big' police stings

Karen Perron named as associate justice of the Ontario Superior Court of Justice

Ontario Superior Court upholds human rights tribunal's authority over workplace disputes