Does CRA allow deductibility of professional fees incurred by the taxpayer to defend its claim from the time it was informed by the CRA that its income or tax for a taxation year will be revised under the voluntary disclosure program ("VDP")? CRA stated (TI translation):
The CRA considers that expenses of making a voluntary disclosure are not deductible under paragraph 60(o)… and would generally not be made or incurred by the taxpayer for the purpose of gaining or producing income from a business or property. …
[O]nce the CRA advises the taxpayer that it accepts the voluntary disclosure and that it will revise the income or the tax payable of the latter under the VDP, we generally will allow the deduction, under paragraph 60(o), for professional fees incurred from that time onwards by the taxpayer in advancing its claims respecting the revision.