Redress Risk Management (post until May 31/19)
Tax

Top driver's case demonstrates taxman's collection powers

Reports claim that Revenue Quebec may be pursuing former world champion Formula One racer Jacques Villeneuve for $1.7 million in unpaid taxes — and in cases like this, the taxman has the right to lien assets without a court order, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com.

According to the National Post, the Journal de Montréal says Villeneuve’s lawyer, Martin Boily, claims the money owed was for commercial activity between 2010 and 2012 when Villeneuve was a resident of Quebec. He has since become a resident of Andorra.

The National Post notes that Revenue Quebec has placed a lien on two of Villeneuve’s homes, which are now up for sale. His lawyer says there is no lawsuit currently being brought against Villeneuve but Revenue Quebec is conducting an audit of the driver’s business dealings.

Rotfleisch, founding tax lawyer at Rotfleisch & Samulovitch Professional Corporation who is not involved in the case and comments generally, explains that both the Canada Revenue Agency and Revenue Quebec have the right to lien assets, as they have in this case, without a court order. 

“Once they issue a tax assessment, unless a Notice of Objection is filed within 90 days, tax collections officers can proceed to collect tax amounts assessed,” he adds.

“In addition to putting a lien on assets they can garnishee wages and issue third-party demands for bank balances or accounts receivable,” Rotfleisch says.

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