Canadian News

Professor Jinyan Li's Commentary on the Pillar One Blueprint Published by OECD - Access Here

  The OECD/G20 invited comments from the public on the Pillar One Blueprint and Pillar Two Blueprint, which were both published on October 12th, 2020. Pillar One is about allocating more taxing rights to market jurisdictions in respect of income derived from automated digital services and consumer facing businesses. It is achieved through a new […]

“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, […]

Resurrecting the Advisory Panel’s Recommendation for a Full Exemption System

  For some time there has been debate about our current system of providing double tax relief for foreign-source active business income earned by Canadian corporations indirectly through foreign affiliates.  In the 1970’s the drafters of the Act chose a hybrid mechanism using both the exemption and credit systems.  But this requires surplus account tracking, […]

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 […]