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Results: 1-10 of 14

TCC upholds tax benefits of cross-border refinancing involving foreign affiliates

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • August 22 2013

The Tax Court of Canada (the "TCC") recently considered in Lehigh Cement Ltd. v. R. (2013 TCC 176) ("Lehigh Cement") the application of the

Overview of limitation on benefits article in Canada-U.S. Tax Treaty

  • Miller Thomson LLP
  • -
  • Canada, USA
  • -
  • April 17 2013

The Canada-United States Tax Treaty (the "Tax Treaty") is unique among Canada's tax treaties in its approach to prevent "treaty shopping". Treaty

Overview of new Canada-Hong Kong Tax Treaty

  • Miller Thomson LLP
  • -
  • Canada, Hong Kong
  • -
  • April 17 2013

On November 11, 2012, the Government of Canada signed a Tax Treaty with the Government of the Hong Kong Special Administrative Region of the People's

Thin capitalization regime

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • November 14 2012

The existing Canadian thin cap regime protects the Canadian tax base from excessive interest deductions by limiting the amount of interest expense that can be deducted by a corporation resident in Canada (“Canco”) on cross-border loans from “specified non-resident shareholders” and non-residents not dealing at arm’s length with such shareholders (collectively referred to herein as “specified non-residents”

Foreign affiliate dumping transactions

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • November 14 2012

Bill C-45 adds a new anti-surplus stripping rule to the Income Tax Act (Canada) (the “Act”) as section 212.3

Pertinent Loan or Indebtedness Regime

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • November 14 2012

As discussed above, PLOI is excepted from the adverse application of section 212.3

Copthorne decision: Supreme Court of Canada unanimously applies GAAR

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • June 13 2012

In its most recent decision involving the application of the general anti-avoidance rule (the “GAAR”), under section 245 of the Income Tax Act (Canada) (the “Act”) a unanimous Supreme Court of Canada (the “SCC”) applied the GAAR to a complex series of transactions that culminated in what would otherwise have been a tax-free share redemption

CRA guidance on whether Canadian captive service subsidiary constitutes PE of foreign parent

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • December 19 2011

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 a permanent establishment (“PE”) within the meaning of a tax treaty where it has a Canadian service subsidiary which performs services only for Foreign Parent (“Canadian Captive Service Subsidiary”

Cross-Border and International Tax: new Canadian compliance requirements for non-residents of Canada

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • June 6 2011

Non-residents of Canada that are eligible for benefits under a tax treaty entered into between Canada and another country will now have to complete a declaration or provide equivalent information to avail themselves of any reduced rate of tax or exemption provided under the relevant tax treaty

The Lehigh Cement case - Canadian non-resident withholding tax on interest payments

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • October 5 2010

On May 17, 2010, the Federal Court of Appeal (“FCA”) rendered its judgment in Lehigh Cement Limited v. R., 2010 FCA 124 (“Lehigh”), in which it found that the transaction in issue entered into by the corporate taxpayer, Lehigh Cement Limited (“LCL”), did not result in a misuse of the Canadian non-resident withholding tax provision applicable to interest payments in subparagraph 212(1)(b)(vii) of the Income Tax Act (Canada) (the “Act”) such that the general anti-avoidance rule (“GAAR”) did not apply to the transaction