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

Sunita D. Doobay, LL.B., LL.M. (NYU) TEP: Attorney with Sunita D. Doobay, LL.B., LL.M. (NYU) TEP

Biography

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. She is a fellow of the American Bar Foundation.

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

Conferences & Presentations

- Sunita D. Doobay, “Critical Impacts of the Fair Tax Plan for Your Clients” at Ontario Bar Association Trusts and Estates Law Program (21 November, 2017).

- Sunita D. Doobay, “Transitions: Issues in Transitioning a Partnership To a Corporation and Vice Versa” at Law Society of Upper Canada (25 September, 2017).

- Sunita D. Doobay, “Tax Law” at Doing Business with Our Neighbor to the North, (Chicago: Global Real Estate Council & Canada-US Business Council, 2017).

- Sunita D. Doobay, “Innovation – The Key to a Strong Economy: A Discussion of Immigration and Tax Policies to Encourage the Development of an Innovative Economy” at American Bar Association Section of International Law: Spring Meeting, (Washington, D.C.: American Bar Association, 2017).

- Marina Skachkova, “Recent Speaking Engagement: PMAC Toronto Compliance Forum 2015”, TaxChambers LLP (5 October, 2017).

- Marina Skachkova, “Sunita Doobay to judge at the Sixth Annual Bowman Tax Moot”, TaxChambers LLP (24 February, 2016).

- Sunita D. Doobay, “Sunita Doobay to speak at the 2nd Tax Planning for Elderly Clients”, TaxChambers LLP (21 January, 2015).

- Sunita D. Doobay, “Saving the Planet (And Taxes): Accessing Green Energy Incentives” at American Bar Association Section of International Law: Fall Meeting, (Montreal, Québec: American Bar Association, 2015).

- Sunita D. Doobay, “Sunita Doobay, Co-Panelist” at Annotated Partnership Agreement 2015, (Toronto, Ontario: Law Society of Upper Canada, 2015).

- Marina Skachkova, “Sunita Doobay to speak at the St. Andrew’s Club and Conference Centre”, TaxChambers LLP (9 November, 2015).

- Sunita D. Doobay, “Cross-Border Personal Tax Planning”, Federated Press, (May 2015).

- Sunita D. Doobay, “Toronto Compliance Forum”, at Portfolio Management Association of Canada, (24 September, 2015).

- Sunita D. Doobay, “2015 Annotated Partnership Agreement”, at Law Society of Upper Canada (29 September, 2015).

- Sunita D. Doobay, “Tax Panel”, at American Bar Association – International Law Section, (October 2015).

- Sunita D. Doobay, “Will Drafting and Testamentary Gifting Strategies”, at Federated Press 2nd Elderly Client Course, (January 2015).

- Sunita D. Doobay, “Sunita Doobay to speak at the 15th Tax Planning for Real Estate Transactions”, TaxChambers LLP (29 September 2014).

- Sunita D. Doobay, “Sunita Doobay to speak at the 15th Tax Planning for the Wealthy Family Conference”, TaxChambers LLP (12 September 2014).

- Sunita D. Doobay, “3rd Tax Effective Succession Planning for the Owner-Manager”, Federated Press, (May 2014).

- Sunita D. Doobay, “Issues in Will Drafting”, Federated Press 15th Tax Planning for the Wealthy Family, (September 2014).

- Sunita D. Doobay, “Tax Issues for Non-resident Investors in Canadian Real Estate”, Federated Press, 15th Tax Planning for Real Estate Transactions, (September 2014).

- Sunita D. Doobay, “Sunita Doobay to speak at the CIMA’s Annual Tax Update 2013”, TaxChambers LLP (25 January, 2013).

- Sunita D. Doobay, “Proposed Changes to Tax Treatment of REITs” at 14th Annual Conference on Tax Planning for Real Estate Transactions, (Toronto, Ontario: Federated Press, 2012).

- Sunita D. Doobay, “Elderly Client Course”, Federated Press, (January 2012).

- Sunita D. Doobay, “US Reporting Alert for Snowbirds – Extreme Care Urged”, TaxChambers LLP (11 April 2011).

- Sunita D. Doobay & Joseph Markson, “Risky Business: Directors’ and Officers’ Civil and Criminal Liability” at Ontario Tax Conference: Keeping Tax Practitioners Informed, (Toronto: Canadian Tax Foundation, 2011), 2:1–26.

- Sunita D. Doobay & Jack Bernstein, “Selected Issues in Real Estate Taxation” in Report of Proceedings of the Fifty-First Tax Conference, (Toronto: Canadian Tax Foundation, 1999), 4:1.

Mentioned In

- Marina Skachkova, “Sunita Doobay to Judge at the 2017 Donald G.H. Bowman National Tax Moot”, TaxChambers LLP (3 March 2017).

- Mallory Hendry, “Full Disclosure”, Canadian Lawyer Magazine (5 June, 2017).

- Donalee Moulton, “Way paved for CRA to share info with IRS”, The Bottom Line (October 2015) 31:13.

- Sunita D. Doobay, “Sunita D. Doobay Wins 2015 Best in Canada Award for Cross-Border Taxation and Succession Planning”, Acquisition International Magazine (28 January 2015).

- Sunita D. Doobay, “Sunita D. Doobay Honoured with Martindale-Hubbell Client Distinction Award”, Martindale-Hubbell (20 February, 2015).

- Nicolas Van Praet, “Billionaire Eugene Melnyk: I’m a ‘whistleblower’ on tax allegations against Valeant”, Financial Post (23 August, 2014).

- Julius Melnitzer, “CRA will not assist IRS in collecting penalties against dual citizens subject to FATCA”, Financial Post (20 August, 2014).

- Sunita D. Doobay, “Estate Administration Tax by Sunita Doobay”, YouTube (6 March, 2013).

Publications

- Sunita D. Doobay, “Canada: Reflections on the Common Reporting Standards”, Mondaq (24 April, 2017).

- Sunita D. Doobay et al., “The Year in Review: An Annual Publication of the ABA/Section of International Law: International Taxes” (2017) 51:1 Int Law 381.

- Sunita D. Doobay, “Tax Implications of Cryptocurrency” (2017) 25:7 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Two-Year Holding of CCPC Options” (2017) 25:5 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Shielding Non-Resident’s Assets via a Canadian LP” (2017) 25:3 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “The Tax Lawyer’s Standard of Care” (2017) 25:2 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “US Country-by-Country Reporting” (2017) 24:4 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay et al., “The Year in Review: An Annual Publication of the ABA/Section of International Law: Canada” (2016) 50:1 Int Law 577.

- Sunita D. Doobay & Darcy L. MacPherson, “Tax Under Appeal Not Debt in Bankruptcy” (2016) 24:10 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “US Debt Reclassified as Equity” (2016) 24:9 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Ultimate Beneficiary” (2016) 24:6 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Written Settlement Offer Before Hearing” (2016) 24:4 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Foreign Rectification Orders” (2016) 24:3 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Uber Driver: Employee?” (2016) 24:1 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Ontario (not Alberta) Resident Trust” (2016) 23:11 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “US BEA Information Filing” (2016) 23:6 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Delaware and Florida LLPs/LLLPs deem corporations for Canadian Income Tax Purposes” (2016) LinkedIn.

- Sunita D. Doobay, “U.S. Streamlined Foreign Offshore Procedures Certification update – IRS Form 14653” (2016) LinkedIn.

- Sunita D. Doobay, “Federal Court of Canada Strikes Down Ex Parte Jeopardy Order” (2015) Tax Notes International, 767.

- Sunita D. Doobay & Cornelia Yeung, “Note From the Editor” (2015) Thomson Reuters’ Privately Held Companies.

- Sunita D. Doobay, “Ontario Production Services Tax Credit” (2015) 25:5 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Alberta-Resident Trusts” (2015) 23:11 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “RRSPs, RRIFs, and the US Net Investment Income Tax” (2015) 23:9 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “SCC Upholds Guindon Penalty” (2015) 23:8 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Identity Theft and the IRS” (2015) 23:7 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “FATCA FAQ Clarification” (2015) 23:4 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “SEC Disgorgement Based on Unpaid Taxes” (2015) 23:3 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Consent Order Not Rectification” (2015) 23:2 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Cornelia Yeung, “A Victory for the SR & ED Taxpayer in Tax Court’s General Procedure” (2014) Carswell TaxnetPro.

- Sunita D. Doobay, “Canada: Proposed Obama Budget Proposed Reforms to the Estate and Gift Tax Sections of the Internal Revenue Code”, Mondaq (February 2014).

- Sunita D. Doobay, “Non-Wilful Conduct and IRS Compliance” (2014) 22:8 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Designated Beneficiary and Creditors” (2014) 22:6 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Moral Obligation or Testator’s Intent?” (2014) 22:4 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “IRS Cancelled APA” (2014) 22:3 Canadian Tax Highlights: Canadian Tax Foundation, .

- Sunita D. Doobay et al., “The Domestic & International Tax Treatment of Crowdfunding: Editorial” (2014) Carswell TaxnetPro.

- Sunita D. Doobay, “Canada: Appeal Filed With The Federal Court Of Canada Seeking A Declaration That FATCA Is Unconstitutional And Should Not Be Enforced In Canada”, Mondaq (September 2014).

- Sunita D. Doobay, “Europe Update: Apple, Google, Starbucks: Tax issues Keeping Directors Awake” in (2014) 9:1 ABA Sec Int L 4.

- Sunita D. Doobay & Khalid Tariq, “Tax Credits in the Film and Television Industries” (2014) Thomson Reuters’ Privately Held Companies.

- Sunita D. Doobay et al., “Piercing the Corporate Veil” (2013) Thomson Reuters’ Privately Held Companies.

- Sunita D. Doobay, “Subsection 56(2) and a Discretionary Trust” (2013) 21:10 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Darcy L. MacPherson, ““Including GST” Does Not Mean GST Included” (2013) 21:9 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Government Assistance or Loan?” (2013) 21:8 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Darcy L. MacPherson, “Guindon Penalty Upheld” (2013) 21:7 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Darcy L. MacPherson. “Interest Deduction Denied: Swirsky” (2013) 21:4 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Glenn M. Davis, “Amended Ontario Estate Tax” (2013) 21:3 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Darcy L. MacPherson, “Ten-Plus Years to Enactment” (2013) 21:2 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Darcy L. MacPherson, “Criminal Liability for Partnerships?” (2013) 21:1 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Rajeeve Thakur, “Shareholder Control: Per Fiction or USA?” (2012) 20:10 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Austrian Private Foundation Not a Trust” (2012) 20:8 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Contemporaneous SR & ED Documentation” (2012) 20:7 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Canada Trustco GAAR Analysis in McClarty” (2012) 20:5 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “Trust or Estate?” (2012) 20:4 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “SR & ED Technical Uncertainty” (2012) 20:3 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay & Darcy L. MacPherson, “Craig and Stare Decisis” (2012) 20:2 Canadian Tax Highlights: Canadian Tax Foundation.

- Sunita D. Doobay, “SR & ED Programs Other than the Traditional Federal Incentive Program”, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, (June 2012).

- Sunita D. Doobay, “IBC – A Gateway for Canadian Corporations to the Caricom”, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, (June 2012).

- Sunita D. Doobay, “Death of the Shareholder – A Review of the Pipeline Strategy”, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, (September 2012).

- Sunita D. Doobay, “Glaxosmithkline v. The Queen”, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, (December 2012).

- Sunita D. Doobay, “The SR&ED Paradox”, Privately Held Companies and Taxes, TaxnetPro, Carswell, a division of Thomson Reuters, (December 2012).

- Sunita D. Doobay, “Due Diligence Defence: Objective Standard” (2011) 19:12 Canadian Tax Highlights: Canadian Tax Foundation.

Journal Articles

- Sunita D. Doobay & Darcy L. MacPherson, “Doctrines of Estoppel and Officially Induced Error: A Review of Applied Pharmaceutical Sciences v. R” (2015) OBA Tax L.

- Sunita D. Doobay, Darcy L. MacPherson, Dan McGeown & Alison Waldenberg, “Should the CRA Be Able to Pull the Rug Out from Under Multinational Transfer Pricing Choices?: A Domestic Contractual Analysis” (2014) 14:1 Asper Rev Int Bus & Trade L at 67.

- Sunita D. Doobay & Darcy L. MacPherson, “‘Parliament, We Don’t Need No Stinking Parliament’ – A Comment on Sheldon Inwentash and Lynn Factor Charitable Foundation v the Queen” (2013) 36:2 Man L J at 63.

- Sunita D. Doobay & Darcy L. MacPherson, “Can a Charitable Foundation with a Single Trustee be designated as a Public Foundation?” (2012) 60:4 C Tax J at 917.

- Sunita D. Doobay et al, “U.S. Charities Raising Funds in Canada” (2001) 30:5 Tax Management Int J at 248.

Law Blog

- Sunita D. Doobay, Ruminations of a Toronto Tax Lawyer, Blogspot (2017).

- Sunita D. Doobay, “Proposed Obama Budget Introduces Reforms to the Estate and Gift Tax Sections of the Internal Revenue Code”, Ruminations of a Toronto Tax Lawyer, Blogspot (2015).

- Sunita D. Doobay, “Tax Consequences of Carrying on Business through a Disregarded Entity in the United States”, Ruminations of a Toronto Tax Lawyer, Blogspot (2013).

- Sunita D. Doobay, “Should there be a judicially-created due diligence defence on the reporting of significant foreign property?”, Ruminations of a Toronto Tax Lawyer, Blogspot (2012).

- Sunita D. Doobay, “Income Tax Treaty between Canada and Hong Kong Special Administrative Region of the People’s Republic of China”, Ruminations of a Toronto Tax Lawyer, Blogspot (2012).

Books

- Sunita D. Doobay & Darcy L. MacPherson, The 2014 Annotated Ontario Partnerships Act, (Toronto, Ontario: Carswell, a division of Thomson Reuters, 2014).

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

Areas of Practice (6)

  • Tax
  • Mining
  • Film Tax Credits
  • Wealth Management and Succession Planning
  • Private Business Services
  • International Tax

Education & Credentials

Contact Information:
University Attended:
University of Guelph, B.A., 1989
Law School Attended:
New York University School of Law, LL.M., 1995; Queen's University Faculty of Law, J.D., 1992
Year of First admission:
1995
Admission:
1995, New York; Ontario; United States Court of International Trade; United States Tax Court
Memberships:
Law Society of Upper Canada
Canadian Tax Foundation
American Bar Association
International Fiscal Association
Society of Trust and Estate Practitioners
Prospectors & Developers Association of Canada
Estate Planning Council of Toronto
Women in Film & Television - Toronto
Languages:
Dutch (Fluent) and Portuguese (Basic)
Reported Cases:
B.W. Strassburger Ltd. v. R., 2004 CarswellNat 3173, 2004 TCC 614, 2004 D.T.C. 3255, [2004] 5 C.T.C. 2162.1.
ISLN:
916913630

Peer Reviews

  • 4.3/5.0 (13 reviews)
  • Peer Reviewed
  • Legal Knowledge

    4.4/5.0
  • Analytical Capability

    4.2/5.0
  • Judgment

    4.2/5.0
  • Communication

    4.5/5.0
  • Legal Experience

    4.5/5.0

See All 13 Reviews »


*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

  • 5.0/5.0 (1 review)
  • 100% (1 recommendation)
  • Communication

    5.0/5.0
  • Responsiveness

    5.0/5.0
  • Quality of Service

    5.0/5.0
  • Value for Money

    5.0/5.0
  • Recommended 5.0/5.0 Rated on 03/14/13 in Debtor and Creditor.

    Sunita is very good at working to resolve issues at Revenue Canada, and has been very helpful in helping us.

    Sunita is very good at working to resolve issues at Revenue Canada, and has been very helpful in helping us. Read less

    Read less
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