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 2012-0449371I7, the Canada Revenue Agency (CRA) confirmed that a both an upstream and a downstream absorptive merger under US corporate law would qualify for tax-deferred (rollover) treatment under proposed new s. 87(8.2). The facts involved a Canadian company…
On March 21, 2013 the federal government released its budget (http://www.budget.gc.ca/2013/doc/plan/toc-tdm-eng.html).
Mining Industry. The CEE (100%) deduction for intangible mine development expenses will become a CDE (30% per year) deduction, to be fully phased in after calendar 2017. The…
In 2011-0431871I7 (released last week), the CRA’s Ruling Division (Rulings) advised a local Tax Services Office (TSO) that a portion of a “procurement licence fee” under franchise agreement would be subject to Canadian withholding tax. Briefly, a US company…
In 2009-0342861I7 (released last week), the CRA said that the anti-avoidance rule in s. 94.1 should not apply to the particular foreign affiliate structure presented. Briefly, s. 94.1 contains an anti-avoidance provision that can apply where a taxpayer invests…
In Ollenberger v. The Queen (2013 FCA 74), the Federal Court of Appeal (FCA) reversed the Tax Court of Canada (TCC) and held that “active business” is specifically defined in s. 248(1) to mean “any business” other than two…
In 2012-0445891E5, the CRA confirmed its view that contributed surplus in Canada’s thin capitalization formula is the amount that is, or would be, recognized as contributed surplus under Canadian GAAP. The thin capitalization formula generally places a limit on…
In 2012-0457741E5, the CRA confirmed that Canadian withholding and reporting obligations can potentially arise when two foreign corporations, holding taxable Canadian property, cease to exist in the course of a foreign amalgamation. In broad terms, a withholding and reporting…
In 2012-0432141R3, the CRA ruled that web-hosting services provided by a Canadian company (Canco) to a related non-resident company (USCo) would not constitute a permanent establishment (PE) of US Co in Canada. The facts disclosed that Canco would construct…
In 2012-0470331E5, the CRA was asked whether a withholding tax exception was available under s. 116 where a non-resident seller holds real estate in Canada as part of the seller’s business inventory. The CRA confirmed that no such exception…
In 2012-0436781E5, the CRA was asked whether a payment received by Company A from Company B in exchange for giving up Company A’s share of leased office space was income (s. 9), a capital gain (s. 39), or an…