Marc's practice focuses on tax law, business law and estate planning.
He has extensive experience advising on the purchase, sale and structuring of domestic and international businesses, debt and equity financings, private placements, private equity transactions, management buyouts, corporate reorganizations, commercial and business arrangements including shareholders' agreements, partnership agreements, equity participations plans and succession and estate planning.
Marc provides counsel on day-to-day activities for a wide range of domestic and international clients including manufacturers, distributors, developers, venture capital, private equity as well as individual professionals including physicians, dentists, pharmacists and others.
He also has extensive experience advising on international outbound and inbound transactions and business activities including Canadian clients establishing, or acquiring, foreign businesses, and foreign clients establishing, or acquiring, Canadian businesses.
Marc also practices in the area of tax dispute resolution and voluntary disclosures.
He has developed a significant tax practice assisting accountants, financial advisors and non-tax lawyers assisting their clients.
Marc has completed CICA Parts I & II, as well as Estate Planning Tax, Corporate Reorganizations Tax, Advanced International Tax and Tax Law for Lawyers.
MAY 28 2020
Estate Freeze or Re-Freeze
An 'estate freeze' is a common tax planning strategy. The owner of shares of a private company can 'freeze' the value of his/her shares and transfer the future growth of the company to other family members. The benefit of a freeze from an income tax perspective is that the future taxation of the growth of the company can be transferred to other family members particularly children, thus limiting the tax liability of the owner on death and deferring the tax to the next generation.
SEPTEMBER 04 2019
Cross Border Tax - Regulation 105: Part I
Regulation 105 to Paragraph 153(1)(g) of the Income Tax Act (Canada) requires a Canadian customer of a non-resident of Canada to withhold 15% of the amount invoiced by the non-resident for the latter's services rendered in Canada...
MAY 29 2019
Daniel LaPlante v. The Queen: Family Trusts and Corporate Transactions Gone Awry
Many trustees do not follow the legalities surrounding family trusts in corporate transactions. On a share sale transaction, the trustees (often one or both of the patriarch or matriarch of the business) purport to allocate sale proceeds received by the family trust to its beneficiaries (often children, grandchildren or other close relatives)...
DECEMBER 24 2018
The New Refundable Dividend Tax On Hand Regime
Starting on January 1, 2019, Canadian controlled private corporations earning investment income will be subject to a new set of complex tax rules relating to their refundable dividend tax on hand ("RDTOH") balance...
DECEMBER 11 2018
Dividend Allocations to a Corporate Beneficiary Subject to Part IV Tax in a Share Sale Transaction
OCTOBER 15 2018
Section 7 and "Agreement" - There Must Be a Legally Binding Agreement
In Transalta v. The Queen (2012 DTC 1106) ("Transalta"), the Tax Court of Canada concluded that for the stock option rules in section 7 of the Income Tax Act (the "ITA") to apply there must be a "legally binding agreement" by the corporate employer to issue shares to the employee...
MARCH 26 2018
Univar Holdco Canada ULC v. Canada - The Relevance Of Alternative Transactions, Subsequent Amendments And Finance Commentary To The GAAR Analysis
On October 13, 2017, the Federal Court of Appeal released its decision in Univar Holdco Canada ULC v. Canada, 2017 FCA 207. The Federal Court of Appeal overturned the decision of the Tax Court of Canada, 2016 TCC 159, and held that GAAR did not apply to the transactions at issue...
- Canadian Bar Association
- Canadian Tax Foundation
- Ontario Bar Association – Tax, Trusts and Estates, and Business Law Sections
- Called to the Ontario Bar, 2000
- LL.B., Osgoode Hall Law School, 1998
- B.A., York University, 1995
- "Proposals Targeting Passive Investment Income of Private Corporations" October, 2017
- "Government to Reduce the Small Business Tax and Revise the July 18, 2017 Tax Proposals" October, 2017
- "Department of Finance Canada Issues Press Release Regarding the July 18, 2017 Tax Proposals" October, 2017
- "A Distribution by an Estate to a Non-Resident Beneficiary of Cash Considered to be a Disposition of Taxable Canadian Property" September, 2017
- "Open Border – Hidden Risks" November, 2016
- "Crafting Cross-Border Structures" September, 2016
- "Federal Budget 2016 – Did it Live Up to the Hype?" Marc, 2016
- "The Unexpected Creditor: Why the Right to Redeem or Retract Shares Matters to Lenders" December, 2015
- "Changes to the Taxpayer Bill of Rights – The right to complain about CRA actions without fear of reprisal" July, 2013
- "CRA's Tax Collection Abilities Across International Boundaries" June, 2013
- "Wills: Use an Expert Estate Planning Lawyer Now, or Your Family Will Need Good Litigators Later" April, 2013
- "International Tax: Does a Canadian Captive Services Subsidiary Constitute a Permanent Establishment of a Non-Resident Parent?" February, 2013
- "The Unexpected Creditor: Why the Right to Redeem or Retract Shares Matters to Lenders" January, 2013
- "If you Don't Do it Right There Will Be Tax to Pay" November, 2012
- "The GST/HST Website Registry – Use Caution!" August, 2012
- "Double Withholding on the Redemption of Shares Owned by a Non-Resident" July, 2012
- "Does Everyone Agree That Section 7 of the Income Tax Act Applies?" June, 2012
- "Registration for GST/HST - Gone with the 30 Day Grace Period" April, 2012
- "Interest liability: Who pays? " February, 2012
- "Say nothing without your tax advisor present" January, 2012
- "Executors and Tax Returns: Rosenberg Estate v. Canada (National Revenue)" December 2011
- "Payroll Withholding Taxes – A notice of assessment is not required for the CRA to enforce collection on unremitted payroll withholding taxes" November 2011
- "What to do when deadlines pass: Big Bad Voodoo Daddy" August 2011
- "What a Relief! Bozzer v. The Queen - Waiver of Interest and Penalties under the Taxpayer Relief Guidelines" July 2011
- "Which partnerships must fi le information returns in 2011?" June 2011
- "Spousal and common-law partner trust planning" March 2011
- "Does the tax man owe you a Duty of Care?" co-authored with Stuart Thom, Fall, 2010,
- "CRA’s Duty of Care in the context of the Bankruptcy and Insolvency Act" October, 2010
- "Which professionals can incorporate?" September, 2010
- "Professional corporations for dentists and physicians: What are the tax advantages?" June, 2010
- "Income Splitting” May, 2010
- "As Winter Approaches, Another Kind of Freeze May be in Order" Canadian Jewish News, November 2009
- In addition to making contributions to the Canadian Tax Reporter, Marc has assisted on the update of the text: Canadian Tax Research: A Practical Guide.