Ian Gamble has been selected for inclusion in Best Lawyers in Canada in the practice area of Tax Law. Ian has also been listed in the Guide to the World’s Leading Tax Advisers and has previously been noted as among the Top 10 tax advisors in Canada by the International Tax Review. Read complete profile »
In 2012-0464901I7 (released last week), the Rulings Directorate concluded that the “substituted share” concept, contained in proposed new s. 93(2.01) and existing s. 93(2), could apply to any sequence of property substitutions even if the property substituted within the…
In FLSmidth Ltd. v. The Queen, 2013 FCA 160, the Federal Court of Appeal (FCA) denied a foreign tax deduction under s. 20(12) in the context of a cross-border financing arrangement commonly known as a tower structure. The narrow…
In Lyrtech RD Inc. v. The Queen, 2013 TCC 12, the Tax Court of Canada (TCC) held that a public company (Pubco) had de facto control of a Canadian research and development company (R&D Co); as such, the enhanced…
In 2013-0486011E5, the CRA concluded that the preferential 5% dividend withholding tax (WHT) rate under the Canada-Netherlands tax treaty (Treaty) should apply where a Canadian corporate partnership in a group lends funds to the group’s foreign parent. The facts…
In 2010-0385931I7 (released last week), the Rulings Directorate of the Canada Revenue Agency (Rulings) was asked to consider a case where a partnership of non-resident partners disposed of 25% of the common shares of a Canadian public company (Canco)…
In 2010-0356401E5 (released last week), the Canada Revenue Agency (CRA) Rulings Directorate considered a case where a Canadian company in the group (Canco) reimbursed the foreign parent (public) company in the group (Parent) in respect of both options and…
In MNR v. Lordco Parts Ltd., 2013 FCA 49, the Federal Court of Appeal (FCA) reaffirmed that the Canada Revenue Agency (CRA) has an obligation to make “full and frank disclosure” in any ex parte application for an authorization…
In Lehigh Cement Limited v. The Queen, 2013 TCC 76, the Tax Court of Canada (Tax Court) held that the anti-avoidance rule in s. 95(6) could not apply to the acquisition of shares in a foreign affiliate financing structure…
In 2012-0464411I7, the Aggressive Tax Planning (ATP) section of the CRA’s Toronto North Tax Services Office was proposing (among other things) to assess a taxable benefit on the shareholder of one group company (Borrower Co) that had borrowed funds…
In 2012-0461651I7, the CRA said that the general anti-avoidance rule (s. 245) did not apply to a legally-effective plan to transfer income from subsidiaries (each, a Subco) into their parent corporation which had losses (Parent), even though the same…