Articles 2024


Case Commentary – MacDonald v The Queen, 2017 TCC 157

  • 10 octobre 2017
  • Alexandra Neacsu

The Tax Court of Canada recently released a decision in MacDonald v. The Queen, that together with the Court’s decision in George Weston Limited v. The Queen establishes the limits to the spectrum of hedging arrangements. Alexandra Neacsu Monkhouse reviews the decision in MacDonald and discusses how it continues and clarifies the prior jurisprudence on derivatives.

Droit fiscal

FCA Rules that CRA Cannot Force the Taxpayers to Self-Audit on Uncertain Tax Positions

  • 15 mai 2017
  • Stephanie Dewey and Mark Tonkovich

On March 30, 2017 the Federal Court of Appeal placed a significant restriction on the CRA’s audit powers, ruling that the CRA could not compel the disclosure of tax accrual working papers that identified a taxpayer’s uncertain tax filing positions. Stephanie Dewey and Mark Tonkovich review the decision in BP Canada Energy Company (2017 FCA 61).

Droit fiscal

Changes Coming to the Voluntary Disclosures Program

  • 04 avril 2017
  • Rachel Gold

In December 2016, the newly-established Offshore Compliance Advisory Committee released its first report, setting out a series of recommendations for the future administration of the Voluntary Disclosures Program. Rachel Gold discusses the Committee's recommendations and their potential implications for taxpayers.

Droit fiscal

FCA Backs CITT Decision Finding Abuse of Process by CBSA

  • 30 janvier 2017
  • John Bassindale

The Federal Court of Appeal confirms the CBSA committed an abuse of process in the administration of the Customs Act. John Bassindale reviews the decision in AG v. Bri-Chem Supply Ltd. et al. (2016 FCA 257).

Droit fiscal

Alberta Court Rules on What is a “Reasonable Amount” of Interest Under s. 20(1)(c)

  • 03 novembre 2016
  • Jenny P. Mboutsiadis

This summer saw the first case in which a court articulated the test for determining whether an interest amount is reasonable for purposes of paragraph 20(1)(c) of the Income Tax Act (Canada) (“ITA”). Jenny Mboutsiadis reviews the decision of the Alberta Court of Queen’s Bench in ENMAX PSA Corp. v. Alberta (2016 ABQB 334).

Droit fiscal

Pension Plan Taxation in Canada: Easing the Tax Burden

  • 04 octobre 2016
  • Hennadiy Kutsenko

Over the course of the next 20 years, nearly 7 million Canadians will retire, a considerable portion with the benefit of a pension plan; some with defined benefit plans, others with annuities purchased with the funds they receive from a defined contribution plan. The sustainability of those plans, however, faces an uncertain future, as exemplified by the bankruptcy or insolvency proceedings concerning Indalex, Nortel and most recently, for the second time, U.S. Steel Canada (previously Stelco).

Droit fiscal

Supreme Court of Canada Income Tax Cases Confirm Strong Constitutional Protection for Solicitor-Client Privilege

  • 10 août 2016
  • Stephanie Dewey and Mark Tonkovich

Two recent Supreme Court of Canada decisions, Canada v. Chambre des notaires du Québec, 2016 SCC 20, and Canada v. Thompson, 2016 SCC 21, confirm that a client's right to solicitor-client privilege applies prima facie to shield a lawyer's accounting records (including invoices and any other records disclosing facts about the client relationship) from disclosure to the Canada Revenue Agency.

Droit fiscal

Dissolved Corporation Lacks Standing in Tax Court

  • 19 mai 2016
  • John Sorensen

The Federal Court of Appeal recently overruled a long-standing precedent and held that a dissolved corporation lacks the capacity to initiate a Tax Court of Canada appeal. John Sorensen reviews the decision of the FCA in 1455257 Ontario Inc. v. The Queen (2016 FCA 100).

Droit fiscal

Managing Conflicts of Interest in Assessment Appeals

  • 14 avril 2016
  • Jamie G. Walker

The decision of the Ontario Assessment Review Board in Canadian Tire Corp. v. Municipal Tax Equity Consultants Inc., [2016] O.A.R.B.D. No. 2 provides the latest insight into conflicts of interest and confidentiality concerns as they arise in the context of assessment appeals.

Droit fiscal

An Overview of the Foreign Affiliate Dumping Rules

  • 23 février 2016
  • Philip Halvorson and Dalia Hamdy

The foreign affiliate dumping rules (the “FAD Rules”) are found in section 212.3 of the Income Tax Act. Enacted in December 2012, the FAD Rules have had a significant impact on Canada’s system of international taxation. The FAD Rules are primarily meant to deter foreign-controlled multinational groups from transferring (or “dumping”) shares of the group’s foreign subsidiaries to its Canadian subsidiaries in a manner that results in inappropriate erosion of the Canadian tax base.

Droit fiscal