The eyes of Canada are on the Supreme Court when it heard Alta Energy on March 19. In its appeal, the Crown invoked the GAAR to challenge an alleged treaty shopping scheme. The hearing was livestreamed and you can find the archived webcast on the Court’s website. A review of the Federal Court of […]
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Transfer Pricing Conference Day 1 Highlight: Discussions on Recharacterization Rules
On Wednesday, February 3, 2021, the Canadian Tax Foundation hosted its Day 1 Program of the Transfer Pricing Conference virtually. Dialogues between the tax authorities and the private practice sector went back and forth on four panels. The highlight of the discussions was the recharacterization rules in paragraphs 247(2)(b) and (d) of the ITA. […]
“Modernizing the General Anti-Avoidance Rule” in the Fall Economic Update: Time for An Economic Substance Doctrine?
On November 30, 2020, the Government of Canada released its Fall Economic Statement 2020. The Statement is titled “Supporting Canadians and Fighting COVID-19” and part of Chapter 4 addresses “modernizing anti-avoidance rules”. In one short paragraph, the Government of Canada expresses concerns about any complex tax structure “that does not serve an economic purpose, […]
Case Comment: Gladwin Realty Corporation v Canada (2020 FCA 142) A Narrow Approach to What Constitutes Abuse of SAAR
In Gladwin Realty Corporation v Canada (2020 FCA 142), the Federal Court of Appeal upheld the Tax Court's finding of abuse relying on a GAAR analysis. However, the FCA reached its conclusion in a slightly different way than the Tax Court. The difference is indicated in two interesting comments that the Court made. One […]