TORONTO GST/HST LAWYER
David J. Rotfleisch, CPA, JD
David J. Rotfleisch is one of Canada’s most experienced sales tax lawyers, with a practice focused on Goods and Services Tax and Harmonized Sales Tax (GST/HST). With over 38 years of experience, he is dually qualified as a Canadian tax lawyer and a Chartered Professional Accountant (CPA, Lifetime Member), a distinction that allows him to bridge statutory interpretation with practical compliance realities. He is a graduate of the prestigious CICA In-Depth Tax Course and, as of 2025, one of only 16 Ontario lawyers designated as a Certified Specialist in Taxation by the Law Society of Ontario.
As a founding partner of Rotfleisch & Samulovitch P.C., Barristers & Solicitors, established in 1987, David has spent decades advising businesses and individuals on the interpretation and application of the Excise Tax Act since its inception in 1991. His work encompasses GST/HST planning, GST/HST registration and compliance issues, CRA GST/HST audits and reassessments, voluntary disclosure applications, and GST/HST disputes and litigation before the Tax Court of Canada.
David advises a broad range of clients, including start-ups, resident and non-resident business owners, Canadian corporations, and high-net-worth individuals. He regularly resolves complex GST/HST issues arising from corporate restructurings, asset and share transactions, real estate developments, and commercial agreements, where indirect tax exposure can materially affect transaction outcomes.
His practice also extends to the international dimensions of GST/HST. David advises on cross-border transactions, the GST/HST implications of global supply chains, and indirect tax considerations for businesses expanding into or exiting the Canadian market.
Beyond his advisory and litigation work, David is a recognized thought leader in Canadian sales tax law. He regularly publishes in-depth commentary on GST/HST developments, including Tax Court decisions, CRA GST/HST audit trends, and administrative policies, and frequently appears in professional publications and media to explain complex indirect tax issues in clear, practical terms.
- Certified Specialist in Taxation, Law Society of Ontario
- Founder, Rotfleisch & Samulovitch P.C. (1987)
- Called to the Ontario Bar (1983)
- JD, Osgoode Hall Law School – completed all available tax courses
- Chartered Accountant (CA), achieved in 1977; now CPA (Lifetime Member)
- Bachelor of Commerce (B.Com.), McGill University (1975)
- CICA In-Depth Tax Course – completed all levels
Goods and Services/Harmonized Sales Tax (GST/HST) can be extremely complicated. Commodity taxes are often product specific and may vary by providence. They have their own unique laws and regulations that are separate and apart from general income tax rules.
Because of these important differences, having a Toronto lawyer who has experience with GST/HST is extremely beneficial if you are dealing with legal issues specific to GST/HST laws. The following items must be addressed under the umbrella of GST/HST regulations.
- Taxes payable
- Credit optimization
- Collecting and remitting the right amount of tax
- Input tax credits (ITC) available
- Audit preparation
- Unique GST/HST tax conflicts
Proper planning and understanding of GST/HST tax issues are crucial to avoiding and minimizing potential penalties and other obligations related to business taxes.
Using Your Team of Toronto HST Lawyers
Harmonized Sales Tax (HST) is a consumption tax used throughout Canada. It combines provincial sales taxes and federal goods and service taxes into one value-added sales tax. It attempts to simplify and decrease administrative hurdles regarding various taxing entities throughout Canada.
The Canada Revenue Agency collects HST and then provides it back to the participating provinces.
Providences/territories that participate in HST include:
- New Brunswick
- Newfoundland and Labrador
- Nova Scotia
- Ontario
- Prince Edward Island
If your business operates solely in Toronto, for example, then you will only need to collect the HST applicable to this area. However, if you have more than one location or you serve customers outside of Ontario, you must generally follow the tax structure in the Providence/territory in which those customers live.
Some smaller businesses are not required to participate in this program. However, they may want to because it provides an opportunity to take advantage of tax credits that might not otherwise be available.
Having an HST lawyer in Toronto who can provide advice and guidance regarding HST issues that affect your business can be extremely valuable. It helps you increase the potential for Input Tax Credits as well as increases the likelihood that your company is in full compliance with HST laws.
Accurately accounting for various issues surrounding GST/HST taxes can be a significant challenge for many business owners—and Goods Service Tax is an excellent resource to help you address these issues.
Ensuring Compliance by Working with a Toronto GST Lawyer
Not all provinces use the HST. Instead, they may use only the Goods and Service Tax (GST). There may also be a separate province-based tax as well. Provinces/territories that use only GST include:
- Alberta
- Northwest Territories
- Nunavut
- Yukon
In these areas, your company only needs to be concerned with collecting taxes for the GST.
The below provinces also have an additional province tax that you must collect and remit in addition to the GST. There is no streamlined combination between these taxes as there is in HST provinces/territories.
- British Columbia
- Manitoba all
- Quebec
- Saskatchewan
Unfortunately, you need to be aware of where your customer is located and the applicable tax laws in each area to ensure that you are collecting the right type and amount of taxes for each sale.
Even seemingly small mistakes can result in large tax obligations and other issues down the road, particularly in the event of a tax audit. A GST lawyer in Toronto can help you address concerns like these to ensure you comply with applicable tax laws.
HST/GST Lawyers Provide Insight on Business Tax Obligations
Both HST and GST taxes are established under the large umbrella of the Excise Tax Act. The Excise Tax Act (ETA) requires all businesses to collect a specific percentage of tax for each sale, regardless of whether the company is selling household products or services. However, some necessities are exempt from required taxes.
Exempt supplies will include things like:
- Sale of housing that is used by individuals as a place of residence
- Long-term rentals
- Medical, health, and dental services performed by licensed professionals
- Child care services provided to those under 14 years of age for less than 24 hours per day
- Legal aid services
- Domestic ferry services
- Music lessons
- Educational services
- Services provided by most lending institutions
- Insurance services
Although businesses may offer some of these services, companies may still be required to register and pay GST/HST if some of their services are not considered exempt. You may also want to register so you can claim Input Tax Credits (ITC). These credits offset the amounts that you must pay to acquire supplies to provide exempt goods and services.
Unfortunately, many business owners do not take full advantage of the ITCs that they are entitled to receive. The team of HST/GST lawyers at Goods Service Tax can help you reorganize to save money on this valuable tax savings over time
How a Toronto GST/HST Lawyer Can Help
Keeping up with all of the required tax obligations as a business owner is daunting. Having a tax lawyer who knows the GST/HST laws and requirements is extremely helpful.
General Tax Advice and Representation
An HST lawyer will provide general advice about collecting and remitting taxes. They can also represent you in the event of an audit or if an objection to tax obligations must be made. HST lawyers help with appeals at various levels of government as well, including to the Tax Court of Canada.
Tax Planning
Tax planning is a big part of compliance. This includes taking full advantage of rebates, credits, and other avenues for tax savings. A GST/HST lawyer can help with this type of planning. Tax services like this can save thousands of dollars over the life of your business.
Ongoing Compliance
The laws that apply to your business are constantly changing, even as cases are decided. A Toronto HST lawyer can help you ensure that you stay on top of developments and trends, so your business remains in compliance.
Creating a Relationship You Can Trust
Establishing a relationship with an HST/GST lawyer will give you the confidence you need to ensure that you can take on any tax issue that your business faces. A GST lawyer Toronto will provide a wide range of support, from help with audits to addressing ongoing tax obligations. Relying on an experienced attorney will help put your mind at ease—so you can focus on actually running your business. Contact a GST/HST lawyer today to get that relationship started.
Team of Canadian Tax Lawyers
