In Print: Beneficial ownership as a treaty anti-avoidance tool?

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In Canada’s tax treaties, the term “beneficial owner” is used, but not defined. The limited Canadian jurisprudence regarding the interpretation of this term in a tax treaty context has taken a clear legal-form-based approach. Recent efforts by the Canada Revenue Agency and the Organisation for Economic Co-operation and Development appear to be designed to undermine this approach and use the beneficial ownership concept as an anti-avoidance tool. This article discusses the recent attempts to broaden the rule.