CRA EMPLOYEE AS AN EXPERT WITNESS IN SR&ED CASE

In a January 12, 2015 Tax Court of Canada case (HLP Solution Inc. vs. H.M.Q., 2012-671(IT)I), a research and technology advisor (RTA), employed by CRA, was not permitted to testify as an expert witness in the case of a disputed scientific research & experimental development investment tax credit case. The Court noted that the RTA lacked the impartiality to testify. The Court also noted that expert witnesses do not need to be independent but should be impartial.

For further information see VTN Monthly Tax Update Seminar, Issue No. 410