Thorsteinssons Successfully Appeals Application of s.95(6).

On May 29, 2013, the Tax Court of Canada allowed Lehigh Cement Limited’s appeal of the CRA’s application of s.95(6), an anti-avoidance rule which forms part of the foreign affiliate provisions in the Income Tax Act (2013 TCC 176). In its decision, the Court concluded that the Appellant was successful in demonstrating that there was no tax avoided as a result of the transaction at issue. Warren J.A. Mitchell, Q.C. and Matthew G. Williams represented the Appellant.