Tax Alert Archives November 2014

New Era of Cooperation Between the CRA and CPA Canada

The Canada Revenue Agency (the “CRA”) and the Chartered Professional Accountants of Canada (“CPA Canada”) signed an agreement on November 26, 2014.  The agreement is intended to promote collaboration and dialogue between the two organizations.  The central part of the

Prepared by: Ken Jiang

Ken Jiang is an associate at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »

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CRA on the D&D Livestock Decision

In 2014-0534671C6, the CRA was asked about its position on D&D Livestock Ltd. v. The Queen 2013 TCC 318. The CRA indicated that it would not hesitate to invoke the GAAR in similar cases involving duplication of tax attributes.

Prepared by: Ken Jiang

Ken Jiang is an associate at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »

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CRA on Cross Border Secondment

In 2013-0508651E5, the CRA considered a situation where Canco hired USco to provide services and equipment in Canada. The CRA opined that even if the employees who are providing services to Canco remain on the payroll of USco, Canco…

Prepared by: Ken Jiang

Ken Jiang is an associate at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »

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CRA on Ownership of Principal Residence

In 2014-0550971E5, the CRA was asked to comment on the ownership of a principal residence. For health reasons, the taxpayer’s parents transferred their legal title of their house to the taxpayer, but the parents continued to reside in the…

Prepared by: Ken Jiang

Ken Jiang is an associate at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »

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CRA on Article XIII of the Canada-France Treaty

In 2014-0543071E5, the CRA was asked whether a taxpayer, who is a Canadian resident, is subject to tax on the gain arising from the disposition of real property located in France. The CRA opined that Article XIII of the…

Prepared by: Ken Jiang

Ken Jiang is an associate at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »

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Canada-Honduras Free Trade Agreement Entered into Force

On October 1, 2014, the Canada-Honduras Free Trade Agreement and parallel agreements on labour and environmental cooperation entered into force.  The free trade agreement eliminates almost 98 percent of each country’s tariff lines.  Click here for more information: http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/honduras/index.aspx?lang=eng

Prepared by: Ken Jiang

Ken Jiang is an associate at the firm’s Vancouver office. His practice focuses on corporate and personal tax planning, international tax planning and representation of taxpayers in disputes with Canada Revenue Agency. Ken is fluent and proficient in Chinese (Mandarin).… more »

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Ontario Superior Court rules CRA not entitled to notice of rectification

In the recent decision in Canada v. Brogan Family Trust (2014 ONSC 6354), the Ontario Superior Court of Justice dismissed a motion by the Attorney General of Canada to set aside a rectification order. The court held that the Canada…

Prepared by: Rebecca Potter

Rebecca Potter is a partner practicing in the firm’s Toronto office. Her practice focuses on all aspects of taxpayer representation and tax litigation and also includes tax planning for not-for-profit organizations, and charities. She has appeared before the Tax Court… more »

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CRA on Withholding Tax on Interest Payments and s. 212(13.2) Deemed Residents

In 2014-0521831R3, the CRA comments on the application of subsection 212(13.2) of the Income Tax Act (Canada) and Article XI of the Canada-US Tax Treaty, in the context of Part XIII withholding tax on interest payments made by the…

Prepared by: Asif Abdulla

Asif Abdulla is an associate working out of the Vancouver office of Thorsteinssons LLP. He practices in the area of domestic and international tax planning for individuals, trusts, corporations and other private enterprises with a view to achieving tax efficiency… more »

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