Canadian News

The Permissibility of Surplus Stripping

  My Davies tax group colleagues Chris Anderson and Etyan Dishy (both of whom are former Osgoode students of mine!) have published a terrific article in the latest Canadian Tax Journal on “The Permissibility of Surplus Stripping”. The authors begin with a review of the legislative and judicial context surrounding sections 84.1, 212.1 and subsection […]

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 […]

Trading Options in a TFSA: The Blurred Line Between a Permitted Use and “Carrying on a Business”

  The pandemic has resulted in accelerated participation in retail trading in the stock market. Retail investors accounted for 45% of total equity trades in January 2021 on the Toronto Stock Exchange, which is an increase from 35% in 2019.[1] Option trading has also become more popular for retail investors; data from the Chicago Board […]

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 […]

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. […]

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.  […]

Joint Tax Filing for Spouses

  A threshold issue for the design of any tax system is the taxing unit.  In Canada our taxing unit for personal taxation is and has always been the individual. The Carter Commission recommended we change the taxing unit to families (spouses and their dependent children) on the grounds that families constitute the basic economic […]