We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 44

Federal Court of Appeal upholds Prévost Car: implications for treaty planning and offshore structures

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • March 5 2009

The long-awaited recent decision of the Federal Court of Appeal ("FCA") in Prévost Car, 2009 FCA 57, upholds the principle that, in determining the applicable withholding rate on dividends, interest, royalties and other payments to treaty countries such as Holland, Luxembourg and other intermediary jurisdictions with low withholding tax rates, Canada Revenue Agency ("CRA") cannot ignore the intermediary jurisdiction and apply the higher rate that may be applicable had the payment been made directly

Changes to thin capitalization rules: concern for US finance and non-finance companies with Canadian subsidiaries

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • June 14 2012

An often overlooked change proposed in the Canadian federal budget of March, 2012, may have a significant impact on how Canadian subsidiaries of foreign corporations are financed

Wabush Iron Company Limited v. The Queen drafting really matters

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • September 14 2009

The decision in Wabush Iron Company Limited v. The Queen, 2009 DTC 1157 (Tax Court of Canada), which confirmed a substantial assessment by the Canada Revenue Agency (“CRA”), was based on an interpretation of a supply agreement

Harmonized Sales Tax: amendment to the place of supply rules

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • April 22 2010

The place of supply rules determine whether suppliers are required to collect the Harmonized Sales Tax ("HST") (i.e. both provincial and federal components) or only the Goods and Services Tax ("GST") on their supplies made in Canada

Changes to Canada’s Income Tax Act and impact on equipment finance

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • May 4 2009

On January 1, 2008, the Canadian government amended the Income Tax Act (Canada) to eliminate withholding taxes on interest payments for arm’s length loan transactions so long as the interest payments are not dependent or computed by reference to revenue, profit, cash flow, commodity price or any similar criteria ("Participating Debt"

General Electric Capital Canada wins tax case on deduction of guarantee fees

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • January 13 2010

The Tax Court of Canada's recent decision in General Electric Capital Canada Inc. v. The Queen provides an example of the court's application of transfer pricing rules in the Income Tax Act (Canada) (the "ITA") in the context of a guarantee arrangement between a non-resident parent and a Canadian subsidiary

Canadian income tax primer on mergers and acquisitions

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • May 14 2010

We have found that there are numerous recurring questions about the Canadian tax considerations applicable to mergers and acquisitions

Employee stock options and the 2010 Federal Budget

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • March 30 2010

The recent 2010 Federal Budget included a number of significant changes to the tax rules under the Income Tax Act (Canada) (the "Act") applicable to employee stock options

Comparing US and Canadian rules for debt forgiveness

  • Cassels Brock & Blackwell LLP
  • -
  • Canada, USA
  • -
  • October 29 2009

In the current recession, some North American businesses facing difficulty in meeting their debt obligations may consider the implications of restructuring their debt in Canada or the US

Supreme Court of Canada grants leave in tax case involving contingent liabilities

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • July 4 2012

In a rare oral hearing, the Supreme Court of Canada granted leave in the case of Daishowa-Marubeni International Ltd. v. The Queen