Tax Notes

December 2011

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Court Upholds Capital Loss Recognition on Exercise of Exchangeable Share Rights

Exchangeable shares have long been used to effect tax-deferred share transactions involving Canadian resident vendors and foreign purchasers. Briefly, certain rollover provisions of the Act permitting tax-deferred share-for-share exchanges require that, where the shares being sold are shares of a...

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Employee Profit Sharing Plans – Changes to Come?

Bryant D. Frydberg, George Nystrom

In the 2011 Federal Budget, the government announced its intention to review the rules regarding employee profit sharing plans (“EPSPs“). Further to this announcement, the Department of Finance issued a consultation paper on August 30, 2011 requesting feedback from stakeholders on...

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Change to Canada-US Tax Treaty Affecting Cross-Border Employees

Article XV(2) of the Canada-US Tax Treaty (the “Tax Treaty”) provides for an exemption from taxation of remuneration derived by an employee resident in a country (referred to herein as “residence state”) in respect of temporary employment exercised in the...

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Back to the Future – British Columbia Votes to Restore Provincial Sales Tax

On August 26, 2011, Elections B.C. announced that British Columbians voted against the controversial Harmonized Sales Tax (“HST”). In a historic and binding mail-in referendum, approximately 1.6 million British Columbians representing 54.73% of the electorate voted to extinguish the HST....

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Upstream Loans and Other Indebtedness to Foreign Affiliates

John M. Campbell

Draft legislation making significant changes to the foreign affiliate provisions of the Income Tax Act (Canada) (the “Act”) was released by the Department of Finance on August 19, 2011. The new provisions deal with upstream loans from and other indebtedness...

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CRA Guidance on Whether Canadian Captive Service Subsidiary Constitutes PE of Foreign Parent

Canada Revenue Agency (“CRA”) has recently issued a favourable advance income tax ruling (“ATR”) to the effect that a company that is a non-resident of Canada (“Foreign Parent”) would not be considered to be carrying on business in Canada through...

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Displaying 1-6 of 6