In Print Publications

In Print: Dexterous Derivatives – Section 871(m) and the US Dividend Equivalent Regime

Section 871(m) of the US Internal Revenue Code (originally enacted as section 871(l) in 2010) subjects certain dividend equivalent payments made to non-US persons in respect of securities lending transactions, sale-repurchase transactions, and specified notional principal contracts to US withholding tax where these payments reference US dividend-paying securities.

In Print: Is the back-to-back withholding tax regime an effective anti-treaty-shopping measure?

This article reviews the operation of the new back-to-back regime as an anti-treaty-shopping measure and suggests limited modifications that should be considered to increase the effectiveness of the rules and prevent the denial of treaty benefits in inappropriate circumstances.

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.