Watts v. The King, 2023 TCC 11 (CanLII)

JurisdictionCanada
AuthorMr Cris Best
Law FirmSpenceDrake Tax Law
Published date03 April 2023

Watts v. The King, 2023 TCC 11 (CanLII) https://canlii.ca/t/jvhp1

Fiscal Arbitrators - With or Without an Assessment, the Liability for the Tax Debt Exists

In the decision of Watts v. The King, 2023 TCC 11 (CanLII), the Tax Court of Canada reiterated, at paragraph 58, that "with or without an assessment, the liability for the tax debt exists. The assessment does not create the debt. The case law shows that an assessment is merely an established procedural or administrative means for determining tax payable."

The Watts decision concerned a section 160 assessment targeting the indirect transfer of property between Miriam Watts and her husband, Lawrence Watts, who was sentenced to 6 years in prison for the Fiscal Arbitrators scheme. Mr. Watts was convicted of preparing fraudulent tax returns claiming false business...

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