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Evelyn Schusheim

Counsel

416.733.5280

"We have a lot of respect for what business owners and managers do because we know the risks that they take and the pressure that they’re under. We also see the incredible pride they feel when they succeed and that is what motivates us to support them as best we can."

From high net worth individuals to owner-operated businesses to large multinational corporations, Evelyn Schusheim understands what her clients have gone through to get to where they are today. With her sophisticated understanding of even the most technical aspects of taxation, her ability to relate and listen to people, and her highly-tuned problem solving skills, Evelyn helps clients get to where they need to go next.

Starting her career at a large firm more than 35 years ago, Evelyn has built an exceptional reputation as an extremely knowledgeable and skilled corporate tax and estate planning lawyer and tax litigator. She has experience with a wide assortment of businesses from the traditional to the artistic to the newest technologies.

Some of the issues that she guides clients through include purchases and sales of business, business expansion both in and out of Canada, financings, succession planning, disputes with CRA, tax planning for estates, and a wide range of other income tax issues.

Memberships

Evelyn is a member of the Canadian Bar Association and the Canadian Tax Foundation and has been a frequent speaker at conferences or seminars sponsored by the Canadian Bar Association, the Canadian Tax Foundation, the Ontario Institute of Chartered Accountants and The Law Society of Upper Canada. 

From 1987 to 1994, Evelyn was a part-time professor in corporate taxation at Osgoode Hall Law School and from 1981 to 1988, she was a lecturer and seminar leader for the Bar Admission Course offered by the Law Society of Upper Canada. She has also been a lecturer in both the undergraduate and masters of law programs at Osgoode Hall Law School. 

Evelyn has written articles for a number of publications including the Canadian Tax Journal. 

Education

Evelyn received a Bachelor of Arts degree from McGill University in 1973, a Bachelor of Laws degree from the University of Toronto in 1979 and a Masters of Laws in Taxation from Osgoode Hall Law School. She was called to the Bar of Ontario in 1981 and has practiced corporate tax, estate planning and tax litigation since that time primarily for owner managed businesses.

Deductibility versus Capitalization

Presented to the Canadian Tax Foundation

Butterfly Transactions

Presented to Osgoode Hall Law School

Partnerships

Presented to the Canadian Tax Foundation

Transferring Assets from a Private Corporation to Shareholders

Presented to the Canadian Tax Foundation

Income Tax Issues in Land Acquisitions

Presented to the Law Society of Upper Canada

Ensuring the Passage of Shares in a Private Corporation: Estate Planning Issues

Presented to the Canadian Tax Foundation

Butterflies in Estate Planning

Presented to the Canadian Tax Foundation

Business Structures

Presented to the Law Society of Upper Canada

Benefiting from the Small Business Deduction: Criteria for Eligibility

Presented to the Canadian Tax Foundation, Tax for the Owner Manager

Corporate Split-Ups: Reorganizations for Owner-Managed and Family-Owned Businesses

Presented to the Canadian Tax Foundation (2002)

Tenant Inducements: Income Tax Issues for Landlords

Presented to the International Council of Shopping Centers

Selected Income Tax Aspects of Shareholder Agreements

Presented to the Canadian Bar Association, Tax Law for Lawyers (1995 - 2016)

Tax for Succession Planning

Presented to the Law Society of Upper Canada (2009) 

Estate Planning and the Taxation of Trusts

Presented to the Canadian Bar Association

Intervivos Estate Planning: Strategies for the Owner Managed Business

Presented at the Law Society of Upper Canada's Estates and Trusts Forum

Routinely advise clients on the purchase, sale or financing of a business or investment assets.

Prepared and submitted voluntary disclosures to the Canada Revenue Agency on behalf of clients covering a range of tax errors and omissions including, inter alia, failing to report income earned and assets owned outside of Canada, failing to withhold and remit tax as required, failing to file information reporting forms with the Canada Revenue Agency and failing to report interests in offshore trusts and income or capital derived from them.

Acted for numerous families and businesses to plan and implement a butterfly reorganization to divide real estate holdings or business assets between shareholders or among family members.

Acted for clients to plan and implement transactions for succession planning purposes.

Frequently retained to represent clients in audits by the Canada Revenue Agency of family trusts, operating businesses and investment entities.

Frequently retained by clients to advise and implement estate freezes including the settlement of trusts and the reorganization of family businesses including steps to enable the client and the client’s family to benefit from the capital gains exemption and to defer the “death tax” liability on the value of investment holdings.

We advise clients on all matters relating to estate planning including planning and implementing estate plans, preparing wills, trusts (including alter ego trusts and joint partner trusts) and powers of attorney for personal property and for personal care.

Frequently advises clients on estate planning issues where one or more children reside outside of Canada and where the client or spouse is a citizen of the United States of America.

Frequently advises clients with children or grandchildren with special needs.

Frequently retained to advise on tax planning to structure divorce settlements including planning and implementing transactions to divide corporate or real estate assets in a tax-efficient manner.

Regularly represents clients to plan and implement multi-generational estate planning which achieves tax efficiencies and next-generation Family Law Act protection.

Frequently retained in connection with disputes with the Canada Revenue Agency, to advise taxpayers, prepare and file Notices of Objection and/or Notices of Appeal covering a variety of income tax issues including  the deductibility of business expenses, the alleged personal use of corporate owned property, the tax treatment of losses, the allocation of income by family trusts to beneficiaries, employee benefits, the treatment of awards, judgments or settlements, the alleged over-contribution to a  Tax-Free Savings Account (TFSA) the denial of credits for Scientific Research & Experimental Development, the denial of charitable donation credits for donations of artwork and many other tax disputes.

Have acted for taxpayers to challenge Ontario assessments of Employer Health Tax, Ontario Corporations Tax and sales tax.

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