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Results: 1-10 of 16

Canadian Federal Court of Appeal finds anti-avoidance rule applicable to foreign affiliates has limited scope

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • May 20 2014

The Canadian Federal Court of Appeal (the “FCA”) recently rendered its much anticipated decision in The Queen v. Lehigh Cement Ltd. et al. (“Lehigh”

OECD base erosion and profit shifting (“BEPS”) Action Plan: Action 1 addressing Tax Challenges of Digital Economy

  • Miller Thomson LLP
  • -
  • Canada
  • -
  • April 28 2014

In July 2013, the Organisation for Economic Co-operation and Development (the "OECD") released the BEPS Action Plan in response to concerns expressed

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”