Canada: Canadian authorities may access taxpayer self-assessments for uncertain tax positions

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Canada: Canadian authorities may access taxpayer self-assessments for uncertain tax positions

shafer.jpg

schmid.jpg

Jeffrey Shafer


Evan Schmid

The Federal Court of Canada recently ruled that the Canada Revenue Agency (CRA) can compel a taxpayer to produce material related to the taxpayer's assessment of its own uncertain tax positions. In MNR v BP Canada Energy Company, 2015 FC 714, CRA applied for an order compelling BP to disclose the list of tax issues considered uncertain in connection with the preparation of financial statements for BP's ultimate parent. BP argued that mandatory production of the 'issues list' was not necessary for CRA to perform its audit, was unfair to BP, and was contrary to CRA's longstanding policy that "although not routinely required, officials may request tax accrual working papers".

The Court agreed with CRA and ordered BP to produce the issues list. The Court found that:

  • it was irrelevant that CRA did not need the list to conduct and conclude a comprehensive and complete audit;

  • it was sufficient that CRA wanted the issues list for purposes of assisting with ongoing and future audits;

  • the mandatory production of the issues list did not constitute a 'self-audit' requirement for the taxpayer;

  • it was irrelevant that the issues list was not required to be kept by BP pursuant to the Income Tax Act (Canada); and

  • the issues list, even though based on BP's subjective views, was within the scope of CRA's audit powers because it relates to the enforcement of the Income Tax Act.

The Court also rejected the arguments that an order compelling production of the issues list would be unfair or discriminatory, or that the order should be refused because of alleged CRA bad faith during the audit.

This decision fits with a trend of decisions focussing on increased transparency (including, for example, the recent Superior Plus Corp. case requiring CRA to disclose internal documents relevant to the decision to apply the general anti-avoidance rule (GAAR)). It is not clear whether the decision will change CRA's practice in terms of when it demands production of accounting working papers. As of the writing of this article, BP's appeal period has not yet lapsed.

Jeffrey Shafer (jeffrey.shafer@blakes.com) andEvan Schmid (evan.schmid@blakes.com), Toronto

Blake, Cassels & Graydon

Tel: +1 416 863 3187 and +1 416 863 4341

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

Awards
It was also a memorable night for Baker McKenzie and its associated firms, after picking up 19 awards, including the coveted Asia-Pacific Tax Law Firm of the Year
Stocche Forbes Advogados, Utumi Advogados and Lobo de Rizzo Advogados have reached Tier 2 as competition intensifies in the region’s largest tax market
Ben Webster’s arrival represents a significant expansion of Withers’ London tax litigation practice, as the private client firm eyes further international growth
The combination swiftly builds on RSM’s addition of a new Lithuanian firm to its international network, signalling a European build-out
Tax teams must look beyond pillar two’s headline rules as R&D incentives and the US side-by-side deal create new strategic choices for multinationals, says Marta Pankiv of Tricentis
As funds work becomes more complex, Proskauer is betting that embedded tax expertise can strengthen its wider offering
The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
Gift this article