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Josh
Kumar

Partner
  • jkumar@airdberlis.com
  • 416.865.3968
Office:
  • Toronto Office
Call to Bar:
Admitted to the Ontario Bar: 2014
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  7. Josh Kumar

Josh enjoys navigating complex and continually changing tax laws to effectively resolve income tax and GST/HST disputes. He takes pride in providing practical tax advice, based on an in-depth understanding of relevant legislation and court decisions.

Josh is a member of the firm’s Tax Group. His practice focuses on litigation and dispute resolution with the Canada Revenue Agency and Department of Justice, and also includes tax planning for private companies and individuals. He has extensive experience representing taxpayers in the Tax Court of Canada, the Federal Court of Canada, the Federal Court of Appeal and the Ontario Superior Court of Justice.

In addition to being called to the bar of Ontario, Josh holds a Chartered Professional Accountant designation and completed the CPA In-Depth Tax Course. This cross-training helps him to identify areas of risk, uncertainty and settlement opportunities in complicated tax disputes.

Prior to joining Aird & Berlis, Josh practised at a boutique tax firm. He also practised in the tax group of an international law firm and clerked at the Tax Court of Canada. After clerking, Josh worked as Crown Counsel for the Department of Justice (Tax Law Services) in Ottawa, where he represented the CRA in numerous tax disputes.

Click here to learn more about Josh.

Expertise

  • ESG & Sustainability
  • Tax Controversy/Tax Litigation
  • Tax

Representative Matters

Representative Matter

Supreme Court of Canada Denies Leave in Davis Dentistry

The decision ensures dental appliances are unconditionally zero-rated for GST/HST purposes. As such, orthodontists and dentists are entitled to recover GST/HST paid on inputs attributable to the supply of appliances through the claiming of input tax credits.

December 21, 2023

Representative Matter

L.F. Management and Investment Successful in Tax Court of Canada Decision

The Tax Court of Canada released the decision of L.F. Management and Investment S.A.R.L. v. The King, 2023 TCC 167, which addresses beneficial ownership and the general anti-avoidance rule in the context of Canada’s tax treaties with Luxembourg and Barbados.

December 13, 2023

Representative Matter

Aird & Berlis Successful in Pivotal Tax Court Appeal

CFI Funding Trust successfully obtained input tax credits related to HST payable on prepaid rents under a lease securitization structure.

May 15, 2023

Representative Matter

Federal Court of Appeal Upholds Orthodontist's Entitlement to ITCs

On April 12, 2023, the Federal Court of Appeal ruled in favour of Dr. Kevin Davis, upholding the Tax Court’s decision that Dr. Davis is entitled to claim input tax credits in respect of orthodontic appliances supplied to patients. This case was an appeal brought forth by the Crown from a decision of the Tax Court of Canada, Dr. Kevin L. Davis Dentistry Professional Corporation v. The Queen, 2021 TCC 25.

April 13, 2023

Professional Involvement

Professional Activities

  • Steering Committee Member, Canadian Tax Foundation/Fondation canadienne de fiscalite

Memberships

  • Law Society of Ontario
  • CPA Ontario
  • Canadian Tax Foundation

Community Involvement

  • Pro Bono Ontario

Panellist Judge, Donald G.H. Bowman National Tax Moot, March 6-7, 2026.

Speaker, "Current Cases," Ontario Tax Conference, October 27-28, 2025.

Speaker, "Burden of Proof in Litigation and Mediation with Tax Authorities," ABA 2025 Virtual Tax Meeting, October 20-24, 2025.

Speaker, "Current Cases," Ontario Tax Conference, October 27-28, 2025.

Speaker, "Recent cases and trends on beneficial ownership and treaty eligibility," International Bar Association New Era of Taxation Conference, November 7, 2024.

Speaker, "Cross-Border Tax and Succession Planning for South Asians," South Asian Bar Association North America Conference, July 13, 2024.

Moderator, "Selected Issues in Estate Tax Litigation," Ontario Tax Conference, October 28-29, 2024.

Moderator, "Owner-Manager Remuneration" and "Revisiting Share-Related Rollovers," CTF Ontario Annual Conference, October 23-24, 2023.

Speaker, "Settlement Conferences," CTF Conference: Celebrating the Tax Court of Canada: 40 Years of Service to Canadians, October 5, 2023.

Speaker, "Acquisition of Control and Loss Restriction Rules," CTF Ontario Tax Conference, October 25, 2022.

Speaker, "All About Audits," Wolters Kluwer Webinar, September 8, 2022.

Speaker, "The New Era of Taxation," International Bar Association Conference, December 2, 2021.

Panellist Judge, Donald G.H. Bowman National Tax Moot, February 26-27, 2021.

Speaker, "A Modern Overview of Specific Anti-Avoidance Rules," CTF National Tax Conference, November 2018.

Author, "A New Limitation on Corporate Loss Utilization Plans," Tax Notes International, July 24, 2023.

Co-Author, "Corporate Loss Restriction Event Rules: An Overview," 2022 Ontario Tax Conference (Toronto: Canadian Tax Foundation, 2022), 12: 1-61.

Co-Author, "A Modern Overview of Specific Anti-Avoidance Rules," 2018 National Tax Conference, Canadian Tax Foundation, November 27, 2018.

Author, "Must a Corporation Be Represented by Counsel in the TCC?," Canadian Tax Focus, Canadian Tax Foundation, November, 2018.

Related Publications

Article

The Plan to Reopen the Tax Court and the New Fast Track Settlement Conference System

June 09, 2020

Article

Tax Limitation and Appeal Periods Extended

May 22, 2020

Related News

Firm News

Aird & Berlis Recognized in 2026 Canadian Legal Lexpert Directory

March 17, 2026

Firm News

Practice Area Spotlight: Tax Controversy/Tax Litigation Team

February 16, 2023

Related Videos

Tax Litigation Video Series

Tax Litigation Video Series - Tracing Claims and What You Need to Know

Josh Kumar kicks off the Tax Litigation Video Series with important information about tracing claims in the context of tax debt.

July 15, 2024

Education

  • JD, University of Western Ontario, 2013
  • BComm (First Class Honours), Queen's University, 2007
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