International Tax: The Lehigh Cement Case – Canadian Non-Resident Withholding Tax On Interest Payments
On May 17, 2010, the Federal Court of Appeal (“FCA”) rendered its judgment in Lehigh Cement Limited v. R., 2010 FCA 124 (“Lehigh”), in which it found that the transaction in issue entered into by the corporate taxpayer, Lehigh Cement...
International Tax: Tax Information Exchange Agreements – Overview And Update
Most international tax treaties entered into by Canada include a tax information exchange provision (e.g., Article XXVII of the Canada-US Tax Treaty) that enables the Canada Revenue Agency (“CRA”) to obtain pertinent tax information about a particular taxpayer from a...
New Charity Tax Specific Graduate Degree
Osgoode Hall Law School at York University has launched a new part time Master of Laws (LL.M.) degree specializing in Charities and Not-for-Profit Tax Law. This degree, which we believe to be the first law degree of its kind anywhere...
Current Cases: Sale Of Business – Defining Goodwill And Defending The Purchase Price Allocation
The Tax Court of Canada decision in Transalta Corporation v. The Queen, 2010 TCC 375 (“Transalta”), is an important addition to the jurisprudence concerning the meaning of goodwill for tax purposes and the application of section 68 of the Income...
Cross-Border Tax: Canada-US Tax Treaty Update – CRA Views On Treaty Entitlement On Canadian Source Income And Profit For US LLC Shareholders
The Canada Revenue Agency (“CRA”) recently confirmed that it continues to maintain its long-standing position that a US limited liability company (“US LLC”) that is treated as a fiscally transparent entity for US tax purposes is not entitled to treaty...
The Miller Thomson Foundation: Sixteen Years as a Proud Supporter of Post-Secondary Education in Canada
Since its formation in 1995, The Miller Thomson Foundation has awarded scholarships totalling $2,550,000 to 2,550 promising students pursuing post-secondary education in Canada. Gerald Courage, Chair of Miller Thomson LLP, along with Gary G. Campbell, Q.C. and The Rt. Hon....
Cross-Border Tax: Canada-US Tax Treaty Update: CRA Views on Treaty Benefits on Dividends Paid by Canadian ULC’s
Treaty benefits will generally be denied under the new anti-hybrid rule under Article IV(7)(b) of the Canada-US Tax Treaty (the “Treaty”) in respect of any dividends paid on or after January 1, 2010 by Canadian unlimited liability corporations (“Canadian ULCs”)....
International Tax: Recent Changes to “taxable Canadian property” Regime for Purchasers and Non-resident Vendors of TCP
Changes introduced by the 2010 Federal Budget will impact the obligations imposed on non-resident vendors of “taxable Canadian property” (“TCP”), such as real property situated in Canada and shares of Canadian private and public corporations, and purchasers of such properties...
Harmonized Sales Tax (HST): The New HST and the Place of Supply Rules
Just when you thought you were safe to purchase services from an Alberta lawyer or consultant, the new “Place of Supply Rules” were recently announced by the Department of Finance. These are Federal rules, but apply to all HST participating...
Canadian Tax: Recent Changes to the Employee Stock Options Rules
Overview Generally, pursuant to subsection 7(1) of the Income Tax Act (Canada) (the “Act”) where an employer has agreed to sell securities of its capital stock to an employee, the employee is deemed to have received a taxable benefit from...
