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Central management and control determines trust residence

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • September 23 2009

In Garron, M. et al. v. The Queen, the Tax Court of Canada considered whether two Barbados trusts (the “Trusts”) were entitled to claim the benefit of the capital gains exemption in Article XIV(4) of the Canada-Barbados Income Tax Convention (the “Treaty”) on their dispositions to an arm’s length purchaser of shares of two Canadian holding corporations which indirectly owned a Canadian automotive parts manufacturing and assembly business

Barbados spousal trust strategy fails Canadian trust and GAAR tests

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • October 7 2009

In Paul Antle and Renee Marquis-Antle Spousal Trust v. The Queen, the Tax Court considered a series of transactions implemented by a Canadian resident taxpayer known as a “capital property step-up strategy”