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

ITR’s Indirect Tax Forum 2026 showed why harmonisation remains elusive, advisers must raise their game, and ‘everyone’s data is rubbish’
The firm’s board has reportedly asked Kevin Burrowes to continue until 2028 as the KPMG Australia scandal raises expectations of regulatory reform
A former Deloitte partner will lead the firm’s latest geographic expansion; in other news, Baker McKenzie added six tax lawyers to its partnership
The Fair Tax Mark now extends to domestic-only companies with turnover above €1m, with Thai travel operator Tripseed the first to be certified
A technology provider had to be educated on technical requirements by Joseph Ribkoff’s IT team, a tax manager at the company said
But businesses should remain flexible when choosing between internal and external resources to handle added ViDA complexity, ITR’s Indirect Tax forum also heard
Non-compliance from small businesses continues to account for most of the gap, HM Revenue and Customs revealed
The new managing director of R&D tax relief consultancy ForrestBrown tells ITR about his priorities for the business, where he’s focusing his time and what makes tax cool
PwC Australia’s response to its tax leaks scandal could give KPMG a useful case study, but so far there’s little sign of positive lessons learned
Tom Goldstein’s attempt to overturn his tax conviction was shot down; in other news, Deloitte promoted several tax partners in Italy
Gift this article