In Print Publications

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In Print: The "Purpose" of Subsection 55(2)

Subsection 55(2) of the Income Tax Act is a specific anti-avoidance rule aimed at "capital gain strips" and has been in the Act for over 30 years.

In Print: Reinstated Foreign Accrual Tax and the Multi-Period Perspective

This article identifies challenges in interpreting regulations 5907(1.5) and (1.6) and explores the potential significance of their enactment relative to other provisions of the Income Tax Act and regulations that compute amounts based on foreign tax payments.

In Print: George Weston and the Characterization of Gains on Derivatives

The authors of this article argue that the Tax Court of Canada’s decision in George Weston Limited v. The Queen is a natural and expected result of 75 years of UK and Canadian jurisprudence on the treatment of foreign exchange gains and losses and gains and losses arising from hedging activity such as currency swaps and commodity futures trading.

In Print: 2014 saw significant work on BEPS, as well as some notable decisions

The 2014 year continued to bring significant changes to the global transfer pricing landscape, which in turn influenced the Canadian transfer pricing environment.

In Print: Treaty Shopping and Base Erosion and Profit Shifting Action 6

This article discusses the treaty shopping proposals in the September 2014 Organisation for Economic Co-operation and Development (OECD) report and Canada’s 2014 federal budget, commenting on the direction that Canada may take to counter treaty shopping.

In Print: Blindly following the tax advice of the Canada Revenue Agency (CRA) can lead to problems!

The Academy of Applied Pharmaceutical Sciences recently learned the hard way that advice provided by a CRA auditor may not necessarily apply to future reporting periods.

In Print: Foreign Affiliate Reorganizations — Where Are We Now?

This article provides an overview of the "final" FA reorganization rules and includes a discussion of the practical planning considerations that arise when working with these provisions.

In Print: Corporate Tax – the Bigger Picture

Do large Canadian corporations pay their fair share of taxes? This short article highlights the issues and the findings of a survey of 63 top Canadian companies.

In Print: Aggressive International Tax Planning by Multinational Corporations – The Canadian Context and Possible Responses

Aggressive tax planning has become a hot political issue. Tax inversions by familiar US corporations are in the news. From the perspective of the Canadian tax system, this paper considers aggressive tax planning, highlighting the OECD’s efforts to combat base erosion and profit shifting.

In Print: Unguarded border, well-guarded wealth

US revocable trusts present special challenges when high-net-worth individuals move to Canada because of distinct tax rules on opposite sides of the border.

In Print: Managing a global tax department

Adding strategic value to the organization is now part of the global tax leader’s role. The challenge is to overcome inefficient manual processes through well-chosen strategic investments in people, processes, technology and data.

In Print: BEPS and Indirect Tax

BEPS is likely to have important implications on indirect tax in the digital economy. The OECD is studying the topic, and Canada’s Department of Finance has sought input from stakeholders.

In Print: Financial Sector Spending Surge – New Project Needs

The federal government is pondering some welcome GST changes that can help those who provide outsourcing services to the financial sector.

In Print: Canadian taxpayers are facing aggressive audits by CRA

Canadian taxpayers face a changing transfer pricing environment, emphasized by BEPS mandate of the OECD, while continuing to manage aggressive CRA audits in respect of transfer pricing issues, and procedural and timing aspects of the audits themselves. This article reviews these issues and related transfer pricing developments in 2013.

In Print: It’s 11 pm. Do you know how much GST cost your portfolio is bearing?

This In Print sheds light on the rising GST cost of investing.

In Print: Are you ready for the upstream loan rules?

In addition to an overview of the new upstream loan provisions, this article by Ken Buttenham, a partner in our Toronto office, provides a framework for determining when they will apply, highlights inherent uncertainties in the legislation and offers suggestions for dealing with the new rules.

In Print: Regulation 105 and Regulation 102 Tax Withholdings: Challenges and Potential Improvements

This In Print addresses challenges created by the current withholding regime in the Income Tax Act and regulations 105 and 102, from the joint perspectives of a tax advisor and a taxpayer

In Print: Recommended Amendments to the Upstream Loan Rules

The upstream loan rules announced on August 19, 2011 and enacted on June 26, 2013 require an analysis of all loans or indebtedness owing to foreign affiliates of a Canadian taxpayer