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Sunita D. Doobay, B.A., LL.B., LL.M. (NYU), TEP

Email: sunita.doobay@taxchambers.ca

Tel: 416-847-7300

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Sunita D. Doobay | Cross-border U.S. and Canadian Tax Partner

Sunita Doobay is licensed in Canada and the United States. She is admitted in New York (State of New York. Supreme Court, Appellate Division. Third Judicial Department) and in Ontario (Law Society of Upper Canada), to the U.S. Tax Court and to the U.S. Court of International Trade.  She also holds the trust and estates tax practitioner designation. She chairs the Net Investment Income Tax committee for the American Chamber of Commerce (AMCHAM) in Toronto.

As a U.S. tax lawyer and a Canadian tax lawyer with over 20 years of experience, she is uniquely qualified to advise clients investing in the United States and vice versa Americans investing in Canada. Her practice also includes advising entertainers on co-production agreements and utilizing the availability of the film tax credit. She is a member of the Canadian Society of Trusts and Estate Practitioners (“STEP”) and sits on the steering group for the International M & A Joint Venture Committee, the Art & Cultural Heritage Law Committee and the International Tax Committee of the American Bar Association Section of International Law. She is the editor of Carswell’s TaxnetPro Newsletter “Privately Held Companies and Taxes”, and frequently contributes to the Canadian Tax Highlights, a Canadian Tax Foundation Newsletter, and to the CALU-INFOexchange Newsletter. She also contributes to American Bar Association International Law Newsletter.

As an active member of the ABA, IFA and the CTF  she speaks and publishes frequently on cross border tax and estate planning issues. With a love for international law, she occasionally still judges moot competitions with the latest judging factums for the 2014 ICC Moot Court Competition held by the Grotius Law Centre of Leiden University.

Education

  • LL.M. New York University, 1995
  • LL.B. Queen’s University, 1992
  • In-depth Tax Course Parts I & II, 1997-1999

Certifications

  • TEP, Registered Trust and Estate Practitioner – Society of Trust and Estate Tax Practitioners
  • Foreign Legal Consultant Permit granted by the Law Society of Upper Canada to provide U.S. tax advice in Ontario

Awards

  • IBFD 2015 Best in Canada Award for Cross-Border Taxation and Succession Planning
  • Global Law Experts, Recommended
  • Martindale-Hubbell Client Distinction Award

Editor

  • Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters

Reported Case

  • B.W. Strassburger Ltd. v. R., 2004 CarswellNat 3173, 2004 TCC 614, 2004 D.T.C. 3255, [2004] 5 C.T.C. 2162.1

Presentations

  • Co-presenter and co-author, Risky Business: Directors and Officers’ Civil and Criminal Liability, Canadian Tax Foundation, Ontario Tax Conference, October 2011
  • Presenter, Federated Press “Proposed Changes to Tax Treatment of REITs,”  14th Annual Conference on Tax Planning for Real Estate Transactions, January 2012
  • Presenter, Federated Press, Elderly Client Course, January 2012
  • Presenter, Federated Press, 3rd Tax Effective Succession Planning for the Owner-Manager, May 2014
  • Presenter, Federated Press “Issues in Will Drafting,” 15th Tax Planning for the Wealthy Family, September 2014
  • Co-chair, Federated Press “Tax Issues for Non-resident Investors in Canadian Real Estate,” 15th Tax Planning for Real Estate Transactions, September 2014
  • Presenter, Federated Press “Will Drafting and Testamentary Gifting Strategies,” 2nd Elderly Client Course, January 2015
  • Presenter, Federated Press Cross-Border Personal Tax Planning, May 2015
  • Panelist, Portfolio Management Association of Canada, Toronto Compliance Forum, September 24th, 2015
  • Panelist, Law Society of Upper Canada, 2015 Annotated Partnership Agreement, September 29, 2015
  • Panelist, American Bar Association – International Law Section, Tax Panel, October 2015

Publications

  • Due Diligence Defence: Objective Standard, Canadian Tax Highlights, December, 2011
  • Proposed Changes to Tax Treatment of REITs, Federated Press, 14th Annual Conference on Tax Planning for Real Estate Transactions, January, 2012
  • Co-author, Craig and Stare Decisis, Canadian Tax Highlights, February , 2012
  • SR & ED Technical Uncertainty, Canadian Tax Highlights, March, 2012
  • Trust or Estate, Canadian Tax Highlights, April, 2012
  • Canada Trustco GAAR Analysis in McClarty, Canadian Tax Highlights, May 2012
  • SR&ED Programs Other than the Traditional Federal Incentive Program, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, June 2012
  • Co-author,  IBC – A Gateway for Canadian Corporations to the Caricom, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, June 2012
  • Austrian Private Foundation Not a Trust, Canadian Tax Highlights, August 2012
  • Death of the Shareholder – A Review of the Pipeline Strategy, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, September 2012
  • Co-author, Shareholder Control: Per Fiction or USA?, Canadian Tax Highlights, October 2012
  • Co-author, Glaxosmithkline v. The Queen - Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, December 2012
  • Income Tax Treaty between Canada and Hong Kong Special Administrative Region of the People’s Republic of China, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, December 2012
  • Co-author,  The SR&ED Paradox, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, December 2012

Books

Directorships/Advisory Council

  • Advisory Council Member, New York University – School of Law
  • Former Director, Canadian Netherlands Business Professional Association
  • Former Director, Guyana Help the Kids

Memberships

  • Law Society of Upper Canada
  • Canadian Tax Foundation
  • American Bar Association
  • American Chamber of Commerce in Canada (AMCHAM)
  • International Fiscal Association
  • Society of Trust and Estate Practitioners (Canada)
  • Prospectors & Developers Association of Canada
  • Estate Planning Council of Toronto
  • Women in Film and Television – Toronto

Bar Admissions

  • Province of Ontario
  • State Bar of New York
  • United States Tax Court
  • U.S. Court of International Trade

Languages

  • Dutch
  • Basic Portuguese

RECENT POSTS BY Sunita D. Doobay

Please see the latest article by Sunita Doobay of TaxChambers LLP, Foreign Rectification Orders, reproduced from the March 2016 Canadian Tax...