A tax lawyer, or taxation lawyer as it is sometimes referred, falls under the specialization of Corporate and Commercial Law and are individuals who have graduated from an accredited law school, completed the articling program, passed the bar exam, have been issued a law license by their respective law society to practice law and have chosen tax law as their field of specialty. Many law students during their summer internships or articling program had the opportunity to work closely with a tax lawyer or within a law firm.s legal tax department or simply performed well in the required tax law course given in law school to later decide to specialize in tax law upon becoming a practicing lawyer. Although some taxation lawyers have continued with their legal education to further specialize in tax law, many tax lawyers have further obtained their knowledge of the Canadian taxation system on the job working for either a tax law firm or a law firm with an area specializing in taxation laws.
Tax lawyers and tax law firms represent and defend the interests of individuals, businesses and organizations trying to make their way through the intricacies of the Canadian or international taxation system. Tax lawyers can help their clients with preventative solutions, guiding them as to how best to conduct their financial matters in accordance with international or Canadian tax laws to avoid problems with governmental tax agencies like the Canada Revenue Agency (CRA), the federal agency responsible for administering Canadian tax laws. Tax lawyers also provide solutions after the fact, when a client has already experienced problems or a dispute with a tax agency like the CRA, defending and representing the interests of their clients against the Canada Revenue Agency.
A tax lawyer or tax law firm can provide legal services relating to all areas of tax law including, but not limited to the following:
– Offer expert tax advice to taxpayers filing their income tax returns, helping to ensure that what the taxpayers are filing is accurate and lawful, especially with regards to tax deductions and tax credits
– Represent the interests and defend the rights of taxpayers faced with a tax audit
– Offer expert tax advice to small business owners and self-employed professionals, who are usually the target of tax audits conducted by the Canada Revenue Agency, to help prevent the likelihood of a tax audit
– Offer expert tax advice and represent the interests of corporations and non-profit organizations, also the target of investigations by the Canada Revenue Agency
– Advise clients doing business abroad with regards to international tax laws
– Counsel taxpayers who have a taxable estate and are filing a tax return on that estate or are in need of advice with regards to their estate planning strategy
– Advise entrepreneurs starting their own business with regards to the financial structure of the company
– Represent taxpayers in a lawsuit against the Canada Revenue Agency
– Represent and defend taxpayers being criminally prosecuted for tax-related charges, like tax fraud and tax evasion
– Negotiate a payment plan with the Canada Revenue Agency for taxpayers unable to pay their tax bill and consequently help prevent bank account seizures, liens on personal property, wage garnishment, CRA agent harassment and any other collections measures taken by the CRA
– Remove bank account seizures, liens on personal property and salary garnishment
– Stop CRA agents from harassing the taxpayer or the clients of said taxpayer
– Represent the interests of taxpayers who have had their charitable contributions denied by the CRA
– Defend the rights of taxpayers who have been caught up in a tax shelter or charitable contribution scheme or are experiencing any other charity or tax shelter problem
– Negotiate a tax settlement with the Canada Revenue Agency where in many cases penalties and interest charges could be decreased or eliminated
– Counsel taxpayers and represent their interests in a CRA objection and appeals process when a notice of assessment or reassessment has been sent by the Canada Revenue Agency
– Negotiate a lawyer-protected, anonymous voluntary disclosure agreement or tax amnesty or tax pardon on behalf of the taxpayer, bringing the client up-to-date with their taxes without penalties or prosecution
If you are self-employed or a small business owner and think you may be in need of the services of a tax lawyer, feel free to contact Barrett Tax Law for a free consultation with a tax lawyer at 1-877-8-TAX-TAX or info@fightthecra.ca .
The law societies of each Canadian province have a directory of lawyers where the public may perform an online search to see if the tax lawyer is licensed and in good standing. There are thirteen law societies in Canada:
Barreau du Quebec (the law society of Quebec): www.barreau.qc.ca
Law Society of Alberta: www.lawsociety.ab.ca
Law Society of British Columbia: www.lawsociety.bc.ca
Law Society of Manitoba: www.lawsociety.mb.ca
Law Society of New Brunswick: www.lawsociety-barreau.nb.ca
Law Society of Newfoundland and Labrador: www.lawsociety.nf.ca
Law Society of Nunavut: www.lawsociety.nu.ca
Law Society of Prince Edward Island: www.lspei.pe.ca
Law Society of Saskatchewan: www.lawsociety.sk.ca
Law Society of the Northwest Territories: www.lawsociety.nt.ca
Law Society of Upper Canada (the law society of Ontario): www.lsuc.on.ca
Law Society of Yukon: www.lawsocietyyukon.com
Nova Scotia Barristers. Society: www.nsbs.org
A law society is an independent governing body for the legal profession for each Canadian province and territory. Law societies are formed by provincial legislation and have the authority to determine the laws, rules and regulations by which legal professionals must abide. All lawyers must be members in good standing of their respective law societies in order to be allowed to practice law. It is the responsibility of law societies to ensure that their members meet the highest of professional standards to safeguard the interest of the Canadian people. When a law school graduate is .called to the bar,. he or she is essentially presenting him or herself to the law society and applying for membership of that governing body. In order to be a member of a province’s or territory.s law society, the law school graduate must comply with the high standards, rules and regulations set out by each law society, including being an individual of .good character and repute,. as stated in the Federation of Law Societies of Canada web site. To find out more information about law societies in Canada, you may visit the Federation of Law Societies of Canada web site at www.flsc.ca or contact them at the following contact information:
– Mailing Address:
Federation of Law Societies of Canada
World Exchange Plaza
45 O.Connor Street, Suite 1810
Ottawa, Ontario
K1P 1A4, Canada
– Local Telephone: 613-236-7272
– Fax: 613-236-7233
– Email: info@flsc.ca
In the province of Quebec, the law society is called Barreau du Quebec:
– Mailing Address:
Maison du Barreau
445 Boulevard Saint-Laurent
Montreal, Quebec
H2Y 3T8, Canada
– Web Site Address (URL): www.barreau.qc.ca
– Email Address: information@barreau.qc.ca
– Local Telephone: 514-954-3400
– Toll-Free Line: 1-800-361-8495
– Mailing Address for the Calgary Office:
Suite 500, 919 11th Avenue SW
Calgary, Alberta
T2R 1P3, Canada
– Mailing Address for the Edmonton Office:
201 Scotia Place Tower 2
10060 Jasper Avenue
Edmonton, Alberta
T5J 3R8, Canada
– Web Site Address (URL): www.lawsociety.ab.ca
– Email via Online Form: www.lawsociety.ab.ca/email/email_feedback.aspx
– Calgary Local Telephone: 403-229-4700
– Edmonton Local Telephone: 780-429-3343
– Toll-Free Line: 1-800-661-9003 or 1-800-272-8839
– Calgary Fax Line: 403-228-1728
– Edmonton Fax Line: 780-424-1620
– Mailing Address:
845 Cambie Street
Vancouver, British Columbia
V6B 4Z9, Canada
– Web Site Address (URL): www.lawsociety.bc.ca
– Email Address: information@lsbc.org
– Local Telephone: 604-669-2533
– Toll-Free Line: 1-800-903-5300
– Local Fax Line: 604-669-5232
– TTY: 604-443-5700
– Mailing Address:
219 Kennedy Street
Winnipeg, Manitoba
R3C 1S8, Canada
– Web Site Address (URL): www.lawsociety.mb.ca
– Email Address: admin@lawsociety.mb.ca
– Local Telephone: 204-942-5571
– Fax: 204-956-0624
– Mailing Address:
1133 Regent Street, Suite 206
Fredericton, New Brunswick
E3B 3Z2, Canada
– Web Site Address (URL): www.lawsociety-barreau.nb.ca
– Email Address: general@lawsociety-barreau.nb.ca
– Local Telephone: 506-458-8540
– Fax: 506-451-1421
– Mailing Address:
P.O. Box 1028
St. Johns, Newfoundland
A1C 5M3, Canada
– Web Site Address: www.lawsociety.nf.ca
– Local Telephone: 709-722-4740
– Fax: 709-722-8902
– Mailing Address:
P.O. Box 149
Iqaluit, Nunavut
X0A 0H0
– Web Site Address (URL): www.lawsociety.nu.ca
– Email Address: lawsociety@qiniq.com
– Local Telephone: 867-979-2330
– Fax: 867-979-2333
In Ontario, the law society is called the Law Society of Upper Canada.
– Mailing Address:
Osgood Hall, 130 Queen Street West
Toronto, Ontario
M5H 2N6, Canada
– Web Site Address (URL): www.lsuc.on.ca
– Email Address: lawsociety@lsuc.on.ca
– Local Telephone: 416-947-3300
– Toll-Free Line Phone Line: 1-800-668-7380
– Fax: 416-947-3924
– Toll-Free Fax: 1-877-947-3924
– TTY: 416-644-4886
– Mailing Address:
P.O. Box 128, 49 Water Street
Charlottetown, Prince Edward Island
C1A 7K2, Canada
– Web Site Address (URL): www.lspei.pe.ca
– Email Address: lawsociety@lspei.pe.ca
– Local Telephone: 902-566-1666
– Fax: 902-368-7557
– Mailing Address:
1100 . 2002 Victoria Avenue
Regina, Saskatchewan
S4P 0R7, Canada
– Web Site Address (URL): www.lawsociety.sk.ca
– Email Address: reception@lawsociety.sk.ca
– Local Telephone: 306-569-8242
– Fax: 306-352-2989
– Mailing Address:
4th Floor, Diamond Plaza
5204 50th Avenue
P.O. Box 1298
Yellowknife, Northwest Territories
X1A 1E2, Canada
– Web Site Address (URL): www.lawsociety.nt.ca
– Email Address: info@lawsociety.nt.ca
– Local Telephone: 867-873-3828
– Fax: 867-873-6344
– Mailing Address:
Suite 202 . 302 Steele Street
Whitehorse, Yukon
Y1A 2C5, Canada
– Web Site Address (URL): www.lawsocietyyukon.com
– Email Address: info@lawsocietyyukon.com
– Local Telephone: 867-668-4231
– Fax: 867-667-7556
– Mailing Address:
1101 . 1645 Granville Street
Halifax, Nova Scotia
B3J 1X3, Canada
– Web Site Address (URL): www.nsbs.org
– Local Telephone: 902-422-1491
– Fax: 902-429-4869
Yes, you can find out if a lawyer is undergoing disciplinary action or has had disciplinary actions taken against them by their law society at the lawyer.s law society. Many of the law societies. web sites will have a specific telephone number or email address where one can make this specific inquiry, or you may simply contact them by calling their general telephone number or email address:
Barreau du Quebec (the law society of Quebec): www.barreau.qc.ca
Law Society of Alberta: www.lawsociety.ab.ca
Law Society of British Columbia: www.lawsociety.bc.ca
Law Society of Manitoba: www.lawsociety.mb.ca
Law Society of New Brunswick: www.lawsociety-barreau.nb.ca
Law Society of Newfoundland and Labrador: www.lawsociety.nf.ca
Law Society of Nunavut: www.lawsociety.nu.ca
Law Society of Prince Edward Island: www.lspei.pe.ca
Law Society of Saskatchewan: www.lawsociety.sk.ca
Law Society of the Northwest Territories: www.lawsociety.nt.ca
Law Society of Upper Canada (the law society of Ontario): www.lsuc.on.ca
Law Society of Yukon: www.lawsocietyyukon.com
Nova Scotia Barristers. Society: www.nsbs.org
Lawyers are all university educated individuals who have gone through a rigorous selection, training and examination process to eventually earn their law license to practice law. All provinces with the exception of Quebec require that students obtain an undergraduate university degree before being allowed to even apply to law school. There are relatively few law schools in Canada, so the application and entry to law schools is quite competitive relative to the number of people who apply. So, it is safe to say that most lawyers have studied for at least 7 years in an accredited university institution before being permitted to write the very difficult bar exam, which must be passed in order to obtain a license to practice law. In addition, a student-at-law is also required to complete a competitive articling program before the law society will even consider issuing him or her a law license. In fact, it is interesting to note that lawyers are all automatically notary publics, something that cannot be said for notaries.
Notary publics, on the other hand, are not necessarily university educated. Notaries all must have a high school diploma, but the training given to individuals who want to be notaries can be anywhere from a six-month to a two-year course. Once the course is completed, an exam must be taken and passed in order to earn a notary public license. There are no articling requirements in order to obtain the notary license. Some notaries may have already earned a university degree, but it is not a requirement, with the exception of the province of Quebec where it is a requirement to hold an undergraduate degree in Civil Law, where afterwards a one year Master.s degree must be earned in notarial law.
Notaries are limited in terms of the legal services they may offer to the public. Notary publics can assist their clients with the notarizing or certifying of documents, swearing affidavits, preparing wills and contracts, assisting with certain real estate transactions, and other related legal services. Lawyers, on the other hand, are not limited in terms of the legal services they may offer and are permitted to offer legal services in all aspects of the legal system. See question .What can tax lawyer do for me?. for a detailed account of the legal services a tax lawyer can provide.
Last but certainly not least, tax lawyers, and any other lawyer for that matter, can offer complete confidentiality since whatever is said or written to a tax lawyer is protected by lawyer-client privilege or attorney-client privilege, as it is also referred, even if the client simply consulted with the lawyer and never actually hired said lawyer to represent him or her. This confidentiality is crucial if the taxpayer believes he or she may have committed an unlawful act and needs to find out what their options are without fear of incriminating him or herself. A lawyer cannot be forced to divulge confidential information to the Canada Revenue Agency or any other governmental body, and of course, a lawyer cannot be compelled to testify against anyone who has consulted him or her in a legal capacity.
The main difference between a tax lawyer and a chartered accountant or C.A. relates to their training and knowledge. Tax lawyers are specifically trained in the area of tax law. Since their area of expertise is tax law, they will not only have specialized knowledge of the legal system as it pertains to taxes, but tax lawyers will also be up-to-date on all of the newest tax laws and regulations as well as the latest court decisions and rulings . knowledge that is crucial for the adequate defence of their clients. interests and rights. Chartered accountants, on the other hand, are mostly trained to count, analyze, record and report on the financial matters of a business or individual. They obviously possess general knowledge of tax law but not to the same extent as a tax lawyer especially as it pertains to the adequate defence of clients. rights in the face of a tax dispute with the Canada Revenue Agency. Moreover, and perhaps most importantly, everything that is communicated to a tax lawyer, whether in a written or verbal form, is protected by lawyer-client privilege (or attorney-client privilege as it is sometimes referred) and cannot be used against the client in a court of a law. Tax lawyers cannot be compelled to testify against anyone who has consulted them on a legal matter, regardless of whether or not they are or have ever been an actual client of said tax lawyers. Chartered accountants and other tax professionals are not afforded this protection and can be called to divulge information about their clients and even testify against their current or former clients in a court of law.
Whereas chartered accountants for the most part are trained to count and analyze the numbers, tax lawyers, and all lawyers for that matter, are trained to present legal arguments in their clients. favour and fight to the end to defend the interests of their clients.
Similar to the response given for the difference between a tax lawyer and a chartered accountant (C.A.), the difference between a tax lawyer and a tax consultant or other tax professional lies in the training and depth of knowledge that is required of a tax lawyer to defend the rights and interests of their clients in legal, tax-related issues. With a tax lawyer, one is assured that they have the education and training needed to handle all issues relating to tax law, whereby one does not know the background or education level of a tax consultant. They may or may not have a degree in accounting. They may or may not have a university degree at all! There is no authoritative body in place to ensure that those individuals calling themselves tax consultants or tax professionals have the specialized knowledge needed to help those individuals or businesses dealing with a tax problem or tax dispute with the Canada Revenue Agency (CRA). Tax lawyers, on the other hand, have to answer to their law society, an independent, governing body that has been formed via provincial legislation that gives the law society the authority to issue and revoke law licenses.
In addition, there is no such thing as a .tax consultant-client privilege,. so that anything communicated to tax consultants may be used against the client in a legal proceeding or legal investigation, and tax consultants can even be called to testify against their own clients. Tax lawyers, on the other hand, can offer complete confidentiality to anyone who consults them on a legal matter as this communication is protected by lawyer-client privilege or attorney-client privilege, as it is sometimes referred, and tax lawyers cannot be compelled to testify against those who have consulted them.
Tax law in Canada falls under federal jurisdiction, with the exception of Quebec, which means that tax lawyers who hold at least one law license from a Canadian province may practice law in all provinces regardless of whether they hold a law license in that particular province.
Lawyer-client privilege or attorney-client privilege is a constitutionally protected, legal concept safeguarding all communication between a lawyer and his or her potential or actual client. The client is therefore free to consult a lawyer without fear that what is said can be communicated to others and can potentially be used against him or her in a legal proceeding. All communication between a lawyer and the person seeking advice from the lawyer, whether it is in in verbal or written format, is completely confidential, regardless of whether the individual hires the lawyer to represent him or her. Lawyer-client privilege also applies to former clients of said lawyers. In other words, any and all communication made to a lawyer for the purposes of seeking advice from the lawyer is permanently protected under lawyer-client privilege and can never be divulged without permission from the former, current or potential client, regardless of how much time has passed.
The information provided above does not constitute legal advice and should not be relied upon as such, since it has been written with a limited picture of the situation. In order to obtain proper legal advice, a lawyer must be aware of all of the details of your particular case. If in doubt, please obtain the advice of a lawyer. You may be eligible to receive a free telephone consultation with a tax lawyer at Barrett Tax Law. For details, call 1-877-8-TAX-TAX today or click here.