Articles 2023

Aujourdʼhui
Aujourdʼhui
Minding your Non-resident Co-owner: Avoiding the paragraph 116(5)(c) 25% purchaser withholding tax

Minding your Non-resident Co-owner: Avoiding the paragraph 116(5)(c) 25% purchaser withholding tax

  • 08 décembre 2020
  • Boris Stanislav, associate, and Milosz Zak, associate, Farber Tax Law

Disposing of “taxable Canadian property” as defined in subsection 248(1) of the Income Tax Act by a non-resident can be complicated and potentially subject to Canada Revenue Agency penalties. Moreover, disposing of a fractional interest in property while being a non-resident, with Canadian resident co-owners may be even more so.

Student Forum, Droit fiscal

Agracity Ltd. v. The Queen – Tax Court Finds that Barbados Corporation Performed Valuable Functions in Herbicide Sales Business

  • 08 octobre 2020
  • Emily Leduc Gagne

AgraCity Ltd. successfully appealed to the Tax Court of Canada from the Minister’s reassessment of its 2007 and 2008 taxation years. AgraCity had entered into a service agreement with a non-arm’s length Barbadian corporation to provide promotional and administrative services in respect of herbicide sales to Canadian farmers.

Student Forum, Droit fiscal

Women Lawyers in Tax: Q & A with Manjit Singh, partner at Miller Thomson LLP

  • 08 octobre 2020
  • Kathryn Walker

Manjit is a partner in the tax group at Miller Thomson. She received her law degree from the University of Toronto and was called to the Bar in 2000. Manjit advises on Canadian and cross-border tax matters to public and private companies, partnerships, trusts, private equity and infrastructure funds, pension plans and sovereign wealth funds.

Student Forum, Droit fiscal

Repricing Underwater Stock Options

  • 08 octobre 2020
  • Kathryn Walker, tax planning associate, Fasken

Kathryn Walker discusses strategies for salvaging underwater stock options.

Student Forum, Droit fiscal

CEWS Formula Penalizes Related Parties Following CRA Guidance

  • 08 juin 2020
  • Bhuvana Rai, Borden Ladner Gervais LLP

Under new Canada Emergency Wage Subsidy (“CEWS”) legislation, non-arm’s length parties which transact with each other using arm’s length terms – as often required by the Canada Revenue Agency (“CRA”) – are penalized unfairly. This is the result of a definition in the formula which erroneously refers to the “current reference period” when it should refer to the period immediately prior to the “current reference period."

Student Forum, Droit fiscal
Q&A with Jack Bernstein, OBA Award for Excellence in Taxation Law Recipient

Q&A with Jack Bernstein, OBA Award for Excellence in Taxation Law Recipient

  • 08 juin 2020

Jack Bernstein, Senior Tax Partner, Chair International Tax Practice, Aird & Berlis LLP, is being honoured this year with the OBA Award for Excellence in Taxation Law for his outstanding leadership and contributions to the field of taxation law. Gain a glimpse of what inspires him and how he is making a difference in his area of practice in this candid Q&A.

Student Forum, Droit fiscal

When the World is Frozen, Freeze Your Business?

  • 05 juin 2020
  • Caroline Elias and Jennifer Katz

This article provides a high level overview on the advantages of implementing an estate freeze when the value of businesses has declined due to the novel Coronavirus.

Student Forum, Droit fiscal

Support for Canadian Journalism Tax Measures: Recent Legislative Proposals

  • 05 juin 2020
  • Kevin Yip and Devon LaBuik

On April 17, 2020, the Department of Finance released legislative proposals to amend certain income tax measures intended to support Canadian journalism organizations (these measures were previously introduced in the 2019 Federal Budget). This article reviews and comments on the impact of the proposed legislative amendments.

Student Forum, Droit fiscal