Monday, September 25, 2017

How Toronto Corporate Lawyers Can Help your Business



Corporate lawyers in Toronto, and in other areas of Canada, build their careers working with a corporation managing the legal responsibilities and obligations that the business faces. Some may work at a law firm and be retained by a corporation, but they could also work in-house in a small corporation as the lone legal adviser, or with numerous other lawyers of different field specialties in the legal department of a large corporation. They can also be hired as a temporary contract lawyer, offering business advice to companies of all sizes on a few different projects, or on a single project for a longer period of time.

Typically, the large corporations such as banks, insurance companies, hospitals, retail stores, oil firms, biotechnology and manufacturing companies, and energy and communications companies require corporate lawyers for full-time services. Small companies on a tight budget typically consult a lawyer on a need-to basis.

Corporate lawyers are highly specialized in various areas of corporate law, including contract negotiations, securities and tax law, code compliance, mergers and acquisitions, intellectual property, tax law, bankruptcy, financial reporting, employment, collections, patents and trademarks, real estate, incorporation, litigation, international commercial law and many other areas of specialization. Their tasks can be as routine as drafting standard contracts, or as rigorous as resolving conflicts or facilitating mergers and acquisitions.

Small businesses can benefit in many ways from a corporate lawyer:

1.         Obtaining advice on the best legal structure for the business. Choosing whether your business should be established as a sole proprietorship, partnership, corporation, or a Limited Liability Corporation can be complex. A corporate lawyer will be able to discuss with you all the legal and administrative requirements, tax consequences and liabilities of each to help avoid errors or omissions that may result in financial and tax penalties.

2.         Drafting and executing employment agreements. Employer and employee relationships are subject to certain labor and tort laws, that a carefully drafted contract can make a difference in protecting the interests of the business. A corporate lawyer can word the contract accurately and include important elements, such as a non-disclosure clause or a non-compete clause that benefit both employer and employee.

3.         Provide legal counsel in the event of a reorganization, merger and liquidation. Major changes in the structure of a company involves very complex transactions and numerous actions. Corporate lawyers can help facilitate activities such as the adoption of resolutions, drafting contracts, negotiating agreements and the completion of administrative paperwork that are related to corporate and tax matters.
4.         Exit strategies. Selling the business, retirement, or if a business partner dies or leaves the company can involve substantial personal and financial consequences. A corporate attorney can help you develop your exit plan well in advance and provide advice for business entity organization, structuring business operations and intellectual property development strategy to help you make the right decisions and maximize the value of your business.

5.         Represent business owners in equity transactions. A corporate lawyer can represent companies from the earliest stages of formation and through multiple rounds of innumerable corporate financings and provide necessary documentation for all financial transactions. They can provide legal advice on critical corporate legal issues so you can minimize risks and make informed choices to maximize the reward.

Whether you are operating a small business or a company with shareholders, Toronto corporate lawyers can only add value to your business. The invaluable legal counsel they can provide will ensure that your business risks are minimized and corporate functions conform to all local, state and federal applicable laws on every level so as to prevent legal problems that can potentially affect bottom line.

Monday, September 4, 2017

How Can Toronto Tax Litigation Lawyers Help You in a Tax Dispute

Practice Group Lawyers

Toronto tax litigation lawyers are a special breed of litigators. They are all professionals highly specialized in taxation law, and some of them have additional qualifications as chartered professional accountants or chartered accountants (CPA or CA). In addition to understanding tax laws, they are also knowledgeable about the administrative procedures that govern the day to day workings of the Canada Revenue Agency (CRA) and the Tax Court of Canada.

If you are facing a tax dispute with the Canada Revenue Agency, tax litigation attorneys can help in every stage of the process.

Tax Audit

All personal and corporate tax returns are usually evaluated by Revenue Canada. In some cases, they find numerical or clerical errors that may lead them to question whether a person or a business has paid the right amount of taxes, and they might request an audit.

During a tax audit, auditors will examine documents either at your place of business (on-site audit) or at his or her office (office audit). He may ask to see one or more of the following documents:

  • Invoices
  • Contracts
  • Bank statements (yours and other family members), and
  • Previously filed tax returns

A tax litigation lawyer can represent you throughout the audit process to make sure that your legal  rights are protected and to see to it that auditors stay within their boundaries and only obtain information that are within what the law allows.

Tax Reassessment

Once the audit is completed and auditors determine that you need to pay additional tax, they will send out a Notice of Reassessment, which will tell you the reasons for the reassessment and the total amount of tax that you still owe.
Once you receive the Notice of Reassessment from the CRA, you will have 30 days to respond. It is critical at this point that you consult with a tax dispute lawyer to review the CRA’s explanations of the reassessment  in order to determine if their decision is justified. If you disagree with the CRA’s decision, your tax attorney will help you prepare the Notice of Objection


Tax Appeal

The Notice of Objection will serve as your appeal for a reversal of the decision. It is highly recommended that a tax dispute attorney prepares your Notice of Objection. Your lawyer will be able to set out the relevant facts and your reasons in a fluent and persuasive manner, using applicable laws of the Income Tax Act to to strengthen your position and support your appeal. Aside from this, a tax lawyer at this point can provide guidance and sound advice to help you understand your rights, what points you can appeal, and what to expect during the entire process.

Tax collections and penalties

Every person and business in Canada are required to pay a variety of local, state, and federal taxes, which may include income tax, sales tax, payroll tax, and excise tax to name a few. Tax lawyers can help you understand what taxes you are required to comply with as well as the corresponding penalties the CRA can impose for any unpaid taxes.

Nothing causes such panic to any individual or business owner than receiving a letter from the Canada Revenue Agency. If you are being assessed and need representation, Toronto tax litigation lawyers can competently handle litigation matters and settle all types of tax disputes whether outside of the courtroom or at the many different levels of provincial or federal courts.