Richard Bird passed away suddenly on Wednesday June 9, 2021. It's hard to imagine. He has been in my professional consciousness for as long as I've had one and our collective consciousness for much longer as a leader in taxation and public finance, in Canada certainly but also in the world. There are few […]
All posts by jswilkie
More on "Minimum Tax", BEPS, the Pillars, CFC Rules and Trade Law
Thinking Beyond the Limits of Immediate Perception It is sometimes revealing to step back from the assumptions and presumptions of any discussion to appreciate its essence. This is sometimes called "thinking outside the box". There are other euphemisms directed to blinkered thinking, for example, not seeing the forest for the trees. I had a […]
The G7 Finance Ministers and Central Bank Governors “Agree” to Global Tax “Changes”: “What You See … and What You Don’t”
Reports of a Global Minimum Tax It is much reported today that the G7 Finance Ministers agreed to implement a global corporate minimum tax. The Communiqué and a supporting commitment to developing beneficial ownership registries can be found by clicking the hyperlinks. (Also see here an html-friendly version of the Communiqué). This note does […]
The 2021 Canadian Federal Budget
The 2021 Canadian Federal Budget: The Government’s Direction After a long COVID-19 pandemic induced hiatus and occasional less formal economic updates and statements, a Federal Budget was tabled in the House of Commons yesterday, April 19. Entitled “A Recovery Plan for Jobs, Growth, and Resilience”, it is a lengthy document that no doubt will […]
Perspective Matters: One Country’s “Offshore” is Other Countries’ “Onshore”
Perspective Matters: One Country’s “Offshore” is Other Countries’ “Onshore” This post just as easily could have been entitled, “The Realpolitik of International Tax and Fiscal Relations” or, “Multilateralism: Be Careful What You Wish For”. Or, reflecting how these comments conclude, “As for Position in Art, Here Fiscal Position Matters.” Global Minimum Tax and […]
Our Students Make Us Proud - Osgoode Judged the Winner of the 2021 Donald G. H. Bowman National Tax Moot
The Osgoode Hall Law School Team - Miya Zakharchuk, Portia Biswas, Baiqing Luo, Daniel Mount, and Matt Wilson - were the winners yesterday of the 2021 Donald G. H. Bowman National Tax Moot. This is a remarkable, notable success for them and for the Osgoode community which they so ably represented. This Tax Moot […]
The Cameco Transfer Pricing Appeal Ends Today
The Cameco Corporation transfer pricing decisions of the Tax Court of Canada and the Federal Court of Appeal are seminal, not just for Canadian taxation but internationally. The case wrestles with the interaction of private law constructions that lie at the heart of corporate and business organization, on the one hand, and the international […]
"Characterization", "Unbundling" and the Nature of "The Transaction"
On January 22, 2021, the Federal Court of Appeal delivered its decision in a GST/HST case concerning whether certain fees paid by the Canadian Imperial Bank of Commerce were for "financial" or "administrative" services (Canadian Imperial Bank of Commerce v. The Queen, 2021 FCA 10). The former, "financial services" are exempt from the GST/HST, […]
An Examination of Quebec’s Evolving Patent Box Regime and the OECD’s BEPS Action Plan
Throughout the ongoing review, orchestrated by the Organisation for Economic Co-operation and Development, of the measurement and allocation of international income, the significance of manifestations of “intangibles” – intangible property in the legal sense but also features of the uniqueness of multinational enterprises and their products and services – have been at the forefront. […]
COVID and "Infrastructure"
The recent appointment of Michael Sabia as the new Deputy Minister of Finance invites reflection on what his personal experience and evident policy inclinations might mean for the economic reconstruction necessary to recover from the fiscal strains imposed by the COVID-19 pandemic. In a former government role and evidently in a prior private business […]