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 »
Article V, paragraph 3, of the Canada-US tax treaty (Treaty) provides that a “building site or construction or installation project” constitutes a permanent establishment (PE) if, but only if, it lasts more than 12 months. Furthermore, Article V, paragraph 9(b),…
In 2013-0496831R3, the CRA ruled that an Irish Common Contractual Fund (CCF) was a fully transparent unincorporated body, such that each investor in the CCF was considered to hold a direct undivided co-ownership interest in the underlying properties of…
In 2013-0499141I7, a Canadian company (Canco) acquired a U.S. group through Canco’s foreign affiliate in the U.S. (FA). The U.S. seller and FA filed a joint election under s. 338(h)(10) of the U.S. IRC; this had the effect of…
In John Doe v. Ontario (Finance), 2014 SCC 36, a tax lawyer sought disclosure of certain “policy options” prepared by the Ontario government before it enacted partially retroactive tax legislation. The Ontario Ministry denied the lawyer’s request pursuant to…
In 2013-0516151I7, a Singapore resident held shares of a Canadian company (Canco) which in turn held real estate in Canada through two partnerships. The CRA said the look-through provision in Article XIII(3) of the Canada-Singapore Treaty (Gains Article) uses…
In 2013-0510551R3, a Canadian company (Canco) held a 50% interest in a foreign company (JV Co) indirectly through Canco’s wholly-owned Luxembourg financing affiliate (Finco). Canco subscribed for preferred shares of Finco; Finco in turn lent funds to JV Co. …
In 2013-0514191R3, the CRA ruled that a non-interest bearing foreign denominated debt obligation (Debt) owed by a Canadian parent (Parent) to a related Canadian subsidiary (Sub) could be effectively eliminated through a series of steps without (i) recognizing any…
In 2013-0500891I7, the CRA’s Rulings Directorate reversed a proposed audit adjustment relating to a “drop and sell” transaction. The parent company in the group (Parent) had borrowed money for a capital purpose and purchased forward contracts to hedge this…
In 2013-0512921E5, the CRA said that 25% withholding tax (WHT) applied to a cross-border “franchise relicensing fee” under s. 212(1)(d). Subject to specific inclusions and exceptions, s. 212(1)(d) applies generally to any
“rent, royalty or similar payment” paid to…
In Lehigh Cement Limited v. The Queen, 2014 FCA 103, the Federal Court of Appeal strongly rejected the CRA’s broad interpretation of the anti-avoidance rule in s. 95(6). The Court held that the rule is narrowly targeted at a…