Criminal Tax Prosecutions

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MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who have significant expertise in assisting persons charged with provincial offences and criminal offences relating to income tax, GST and provincial retail sales tax compliance (including gasoline tax, fuel tax, and tobacco tax issues).

The following is a short introduction to our services in this area.


Criminal Tax Prosecutions

Federal Tax Prosecutions

Taxpayers can be subject to criminal liability and charges under the federal Income Tax Act and the GST provisions in the Excise Tax Act. Where so charged, they are often obligated to defend themselves, and provide positive defences in the provincial courts.

Taxpayers facing criminal charges under the Income Tax Act and the GST provisions in the Excise Tax Act are entitled to be presumed innocent until proven guilty, and also entitled to other Charter rights. However, they are also generally required to provide defences to the issues on which they have been charged.

Millar Kreklewetz LLP is well-placed to provide both substantive and procedural defences in Income Tax and GST matters, and persons found in these situations are encouraged to contact us for more information on the issues inherent in their files.

Provincial Tax Prosecutions

Taxpayers can also be subject to criminal liability and charges under the provincial tax legislation, like the Ontario Retail Sales Tax Act, Gasoline Tax Act, Fuel Tax Act, and Tobacco Tax Acts. Where so charged, they are also often obligated to defend themselves, and provide positive defences in the provincial courts.

Taxpayers facing quasi-criminal charges under these Acts, pursuant to the Ontario Provincial Offences Actare also entitled to be presumed innocent until proven guilty, and to all other Charter rights.

Millar Kreklewetz LLP is also well-placed to provide both substantive and procedural defences in Provincial Offences Act prosecutions, and persons finding themselves charged in these situations are encouraged to contact us for more information on the issues inherent in their files.

Please note that the Ontario Ministry of Finance's Special Investigations unit is current pursuing with vigour persons in non-compliance with RST, PST, gasoline tax, and fuel tax obligations.