“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 […]