Vitaly Timokhov, J.D., LL.M. (NYU, Taxation)


Tel: 416-847-7300

Vitaly Timokhov | Canadian Tax Partner Specializing in Cross-Border and Corporate Taxation

Vitaly Timokhov is a Canadian lawyer practicing taxation in Toronto, Canada. Vitaly is admitted to practice law in Ontario, Alberta, and New York State.

A recipient of Newton Rowell Scholarship awarded by the Lieutenant-General of Ontario, Vitaly studied law at Queen’s University Faculty of Law, from which he graduated in 1999 as a published tax author and a recipient of Canada’s National Tax Award. After articling with a leading Canadian law firm in Toronto, Vitaly continued to study taxation as a Gerald Wallace Scholar at New York University School of Law’s renowned LL.M. Program in Taxation. During that time, he was appointed to serve as an Editor of the NYU Journal of International Law and Politics.

Vitaly is an author of one of the leading treatises on international taxation published in Canada and the U.S. by Carswell Reuters (see Book and Publications below).

Vitaly has also taught international taxation as an adjunct professor at the Osgoode Hall Law School (Toronto).

Areas of Practice

Vitaly practises exclusively in Canadian federal income taxation and tax planning, with an emphasis on international and domestic reorganizations, mergers and acquisitions and personal tax planning for Canadian and foreign-based corporations and individuals.

Professional Experience

  • The structuring and tax implications of domestic and international corporate/commercial transactions including inbound and outbound (foreign affiliate) acquisitions, divestitures, mergers, financings and reorganizations.
  • Taxation of financial instruments and tax-effective domestic and cross-border financing (both debt and equity, including hybrid and stapled instruments).
  • International tax planning for non-residents carrying on business in Canada and for Canadian and the US corporations carrying on business internationally.
  • Taxation of U.S. citizens and U.S. green card holders in Canada.
  • Taxation of trusts and estates, including non-resident trusts with Canadian beneficiaries and Canadian trusts, mutual funds and estates with foreign beneficiaries.
  • Canadian tax implications arising on immigration to or emigration from Canada (including long- and short-term executive and employee relocations and immigration trusts (including post-2014 windups and trust conversion).
  • Representation of taxpayers before the Canada Revenue Agency, including audit support, appeals and obtaining advance tax rulings and technical interpretations.


Vitaly is a principal author and Canadian editor of the Tax Advisor’s Guide to the Canada – U.S. Tax Treaty, a 2-volume loose-leaf published by Carswell Thomson.
For more information, see


Vitaly has also authored more than 20 articles on Canadian and international taxation, corporate and commercial law published in academic and professional publications in the United States, United Kingdom, the Netherlands, and Australia. Vitaly’s articles include:

      • “The Future of Hybrid Entities in International Tax Law: Dehybridization and Anti-Abuse Function of Tax Treaties and Domestic Law in Cross-Border Transactions” 36 TAX NOTES INTERNATIONAL 457comparative analysis of the use of domestic tax laws and bilateral tax treaties as a tool preventing the abuse of hybrid entities.
      • “Enforcing Tax Judgments Across Borders: How Collection Assistance Can Overcome Limitations of the “Revenue Rule,”” 6 JOURNAL OF INTERNATIONAL TAXATION 36 (2003)a comprehensive review of cross-border collection of taxes by U.S. and Canadian tax authorities.
      • “Using the U.S. Foreign Tax Credit System as an Investment Incentive in Developing Economies”, 26 TAX NOTES INTERNATIONAL 775 (2002). – economic and legal analysis of certain deficiencies of US foreign tax credits resulting in locking earnings and profits from resource earnings in off-shore jurisdictions.


    • the Steering Group for the International Tax Committee of the  American Bar Association (Section of International Law)
    • the Steering Group for the Canada Committee of the  American Bar Association (Section of International Law)

Presentations and Public Speaking

  • October 4, 2018:  “Tax Implications of Business and Deal Structures” at “Choosing the Right Business Structure”, the Law Society of Ontario.
  • April 19, 2018: co-presented with Robert Misey and Barbara Mantegani  at the American Bar Association, Annual Conference 2018, Section of International Law in New York: “The Cross-Border Tools to Settle Tax Disputes for Private Taxpayers.”
  • November 12, 2015:  “The Recent Tax Treaty Developments: Impact and Planning Opportunities for International Client” at  the 9th Tax Planning for the International Client  Course.  The presentation included a review of the recent treaties with Hong Kong, United Kingdom and New Zealand.
  • September 28, 2015: presented at the 12th Annual Taxation of Financial Products & Derivatives Course (Federated Press) on “Taxation of Cross-Border Financing and Investment.”
  • January 20, 2015: “the Canada – U.S. Current Cross-Border Tax Update” at  the 19th Taxation of Corporate Reorganization Conference (Federated Press) in Toronto, Canada.

RECENT POSTS BY Vitaly Timokhov

In Walsh, 2011 TCC 341 the Tax Court deal with a fundamental issue: when preparatory activities undertaken by a taxpayer towards establishing a business become a business. In Walsh, the...