David Rotfleisch

David Rotfleisch
FIRM:
Rotfleisch & Samulovitch
POSITION:
Founder & Principal
AREAS OF PRACTICE:
Tax

David Rotfleisch, founder and principal of the Toronto-based firm Rotfleisch & Samulovitch PC, focuses on income tax law.

He graduated from McGill University with a Bachelor of Commerce in 1975 and became a chartered accountant in 1977. Mr. Rotfleisch went on to earn a law degree from Osgoode Hall Law School and was called to the Ontario Bar in 1983. He founded the firm in 1987.

A lawyer and chartered professional accountant, Mr. Rotfleisch handles simple and complex tax and estate planning matters, as well as tax amnesty and tax litigation issues. His clients include start-up businesses, resident and non-resident business owners, and corporations.

With a background in the computer and IT industry, Mr. Rotfleisch also assists with technology matters, including high-tech legal issues such as software development and intellectual property.

David Rotfleisch Posts

Co-operation, cryptocurrency focus of new tax enforcement group

News that Canada has joined a new multinational group aimed at combating international tax evasion is a “long overdue” development that will allow law enforcement to fully exchange information as well as focus on digital currency transactions, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

CRA 'striking gold' in some housing rebate claim cases

News that the Canada Revenue Agency (CRA) has recently imposed millions of dollars in penalties as a result of unpaid taxes in the country's largest real estate sectors comes as no surprise, given the taxman's ongoing focus on new housing rebate claims, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

Public database not useful for corporate transparency: Rotfleisch

Although several ‘tax haven’ countries are moving forward with public databases for corporate ownership, a similar structure would likely prove to be ineffective in Canada, given the differences in transparency that already exist between the jurisdictions, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

Failure to tell CRA about sale of home may bring penalties

The Canada Revenue Agency (CRA) may be lenient with taxpayers when it comes to the new requirement to report the sale of their principal residence on a 2017 tax return — but expect no breaks for the 2018 tax year, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com . Read more

Large penalties, jail time common in 'tax protest' scheme cases

A recent case where two ‘tax protesters’ were given jail sentences for their role in enabling or advising individuals to evade paying income tax shows that the arguments made in these cases are habitually rejected by courts and the penalties awarded are often steep, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

$1.7M award for B.C. couple after malicious prosecution by CRA

VICTORIA — A Vancouver Island couple has been awarded nearly $1.7 million in damages after a judge criticized the Canada Revenue Agency for the “ruination'' of their business and personal lives by “high-handed, reprehensible and malicious" actions. A judge of the Supreme Court of British Columbia says a Nanaimo couple were the victims of an “egregious'' prosecution based on unfounded theory and suspicion about alleged tax evasion at the couple's restaurant and other businesses. The couple were operating a restaurant, nightclub and motel in Nanaimo in 2008 when they were charged with 21 counts of tax evasion for allegedly skimming $1.7 million from the business. They were acquitted of all charges in a provincial court trial in 2010 in what the judge hearing the case agreed amounted to the Crown using “voodoo accounting'' to support its case. The couple sued for malicious prosecution, alleging the prosecutor, the Canada Revenue Agency and its senior investigator targeted them, despite lacking any direct evidence of wrongdoing. The ruling says the prosecutor failed to exercise “prosecutorial discretion'' but clears him of malicious intent. It criticizes the agency and its senior investigator in assessing punitive and aggravated damages on behalf of the couple. “The CRA used the powers of the state in the form of a criminal prosecution to wrongfully and maliciously prosecute,'' writes the judge. The judge also criticizes the senior investigator for misleading the prosecution, almost from the beginning, finding he knew evidence that was required to support any allegation of skimming could not be gathered. “The behaviour of [the senior investigator] respecting the suppressing and misstating of evidence deserves rebuke. It offends this court's sense of decency and was a marked departure from conduct expected of an individual in [the senior investigator’s] position and an agency such as the CRA,'' the judge writes in his judgment dated Friday. Read more

Selling, trading cryptocurrency a 'taxable event'

Although taxpayers trading bitcoin for another cryptocurrency may think they do not have to report the transaction, they need to be aware that in the eyes of the Canada Revenue Agency (CRA), a swap constitutes a taxable disposition, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

Upcoming changes make CRA's VDP less attractive to taxpayers

Changes to the Voluntary Disclosures Program (VDP) set to take effect March 1 will make the initiative far less attractive to taxpayers and may lead to its effective demise, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

Changes to tax reform proposals not beneficial to lawyers

While the federal government recently moved to scale back the tax reforms it proposed for professional corporations last year, the changes that will be the most helpful are not available to lawyers, Canadian tax lawyer David J. Rotfleisch tells Law Times . Read more

CRA move to obtain PayPal information not yet an enforcement action

Although PayPal has informed certain business account holders that it was recently ordered to release the details of their transactions to the Canada Revenue Agency (CRA), this alone does not constitute an enforcement action or an audit by the taxman, Canadian tax lawyer David J. Rotfleisch writes in The Lawyer’s Daily . Read more

Profit on sale of bitcoins reportable to CRA

Even though bitcoin is bought and sold in cyberspace, any gains realized on a digital currency transaction must be reported to the Canada Revenue Agency (CRA), Canadian tax lawyer David J. Rotfleisch tells BNN. Read more

Announcement of audit targeting wealthy serves a purpose: Rotfleisch

Canada Revenue Agency (CRA) audits based on postal code may not be new, but in discussing its latest initiative targeting wealthy neighbourhoods, the taxman likely has a number of specific goals in mind, Canadian tax lawyer David J. Rotfleisch tells AdvocateDaily.com. Read more

CRA vows action on Canadian tax evaders exposed in Paradise Papers

OTTAWA — The Canada Revenue Agency says it won't hesitate to investigate new evidence of offshore tax evasion in the wake of a second massive leak of tax haven financial records. Read more

Inappropriate for LSUC to impose values on licensees: Rotfleisch

While it may be simple for legal professionals to adopt the Law Society of Upper Canada’s (LSUC) new requirement to sign a statement of principles on diversity, Canadian tax lawyer David J. Rotfleisch tells The Lawyer’s Daily that it is inappropriate for the regulator to impose values on its members. Read more

Changes to proposed tax rules 'less damaging' for small businesses

Although elements of the previously proposed changes to the small business tax in Canada have survived and will create compliance burdens for taxpayers, a vigorous response from the public and professional advisers has led to changes that are less damaging than the original release, Canadian tax lawyer David J. Rotfleisch writes in The Lawyer’s Daily. Read more