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McMillan’s Tax Group is a leading source of tax advice in Canada, engaging with companies from a range of industries, including the financial, automotive, pharmaceutical, private equity and natural resources sectors. As one of the top tax law firms in Canada our tax lawyers have been recognized as leading advisers by The International Tax Review, The Martindale-Hubbell Legal Directory, The Legal 500 and The Canadian Legal LEXPERT Directory.

With expertise in substantive tax law, tax administration, court procedure and tax policy, our tax team prioritizes understanding the clients’ business objectives to provide effective advisement and minimize the tax risk associated with our clients’ domestic and international business activities.

McMillan’s tax lawyers are recognized leaders in helping clients manage complex sales and commodity tax challenges. We provide clients with pragmatic advice on matters relating to customs duties, harmonized sales tax (HST), goods and services tax (GST), Quebec sales tax, British Columbia provincial sales tax, federal excise tax and duties, provincial land transfer taxes and other provincial taxes, such as those on gasoline, fuel and tobacco.

Our expertise doesn’t stop at the 49th parallel. McMillan’s Tax Group is one of Canada’s leading cross-border taxation practices with extensive experience implementing a full range of cross-border transactions, including mergers and acquisitions, financings, reorganizations and spin-offs.

McMillan provides comprehensive Canadian business tax advice on:

  • International tax law advisement and planning for Canadian enterprises
  • Optimizing the tax efficiency of foreign enterprises’ Canadian operations
  • Guiding the tax structuring of mergers and acquisitions, and commercial reorganizations
  • Transfer pricing matters
  • Tax-efficient structuring of corporate finance and capital markets transactions
  • Sales and commodity taxation matters, including GHT/HST compliance measures and ruling requests, voluntary disclosures, audits, objections and appeals, and advising on specialized tax legislation
  • Advance ruling requests, voluntary disclosures, audits, objections and appeals
  • Federal and provincial payroll taxes.

We also advise clients at every stage of the tax dispute resolution process, from audits through to administrative appeals and court challenges, routinely enjoying great success in resolving tax disputes with Canada’s federal and provincial revenue authorities.

McMillan’s Tax Litigation and Advocacy team combines expertise in tax administration, court procedure, substantive tax law and tax policy to assist with audits, and provide expert advice on administrative appeals and court challenges. Our tax litigators are tireless advocates as well as highly experienced practitioners with broad tax litigation experience gained from appearing before all levels of Canadian courts.

Deals and Cases

INSIGHTS (107 Posts)

Featured Insight

Budget 2021: Proposed Excise Taxes and Duties Amendments, and Imposition of New Luxury Sales Tax

Budget 2021 proposes to update Canada's current excise tax and duties regime through changes to both the Excise Tax Act and Excise Act, 2001.

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Apr 30, 2021
Featured Insight

Budget 2021: Government Targets Strategies to Avoid Tax Debts

Budget 2021 proposes new legislation to target strategies to avoid tax liabilities that would otherwise arise under section 160 of the Income Tax Act.

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Apr 23, 2021
Featured Insight

Budget 2021: Immediate Expensing for CCPCs, Accelerated CCA for Clean Energy Equipment, and Rate Reductions for Zero-Emission Technology Manufacturers

The Federal government announced a number of tax proposals in Budget 2021 attempting to encourage targeted business investment in the "green economy".

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Apr 23, 2021
Featured Insight

Budget 2021: Proposed Limitations on “Excessive” Interest Deductions

Budget 2021 proposes significant new limitations on business interest deductibility commencing January 1, 2023.

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Apr 23, 2021
Featured Insight

Budget 2021: Government Targets Hybrid Mismatch Arrangements

Budget 2021 proposes new legislation to target hybrid mismatch arrangements

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Apr 23, 2021
Featured Insight

Budget 2021: Proposed GST/HST Amendments

Budget 2021 proposes amendments to the GST/HST including the e-commerce regime and the new housing rebate.

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Apr 23, 2021
Featured Insight

Budget 2021: CRA to be Granted the Authority to Compel Oral Responses

Budget 2021 proposes to grant the Canada Revenue Agency the authority to demand oral responses in the course
of an audit.

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Apr 23, 2021
Featured Insight

Budget 2021: “Registered Investment” Taxation Rules Relaxed

Budget 2021 announced legislative changes that will provide welcome relief to trusts and corporations that are “registered investments”.

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Apr 23, 2021
Featured Insight

Budget 2021: Extension of Wage & Rent Subsidies

Budget 2021 proposes the extension of both the Canada Emergency Wage Subsidy (“CEWS”) and the Canada Emergency Rent Subsidy (“CERS”).

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Apr 23, 2021
Featured Insight

Budget 2021: Expansion of Mandatory Disclosure Rules

Budget 2021 proposes to significantly expand the mandatory disclosure rules contained in the Income Tax Act.

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Apr 23, 2021
Featured Insight

CRA Simplifies Process for Deducting Work from Home Expenses

The CRA has announced two new permitted approaches for employers to claim deductions in respect of home office expenses incurred in 2020.

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Dec 22, 2020
Featured Insight

Finance Releases Draft Legislation to Enact Flow-Through Share Amendments

The Department of Finance has released draft legislative proposals extending deadlines to expend capital raised through certain flow-through share issuances.

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Dec 21, 2020
Featured Insight

Quebec Government Mandates Disclosure of Nominee Agreements

The Quebec Government has mandated disclosure of nominee agreements and disclosures must be filed beginning December 23, 2020.

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Dec 3, 2020
Featured Insight

Government Proposes Relief for Issuers of Flow-Through Shares

This article discusses the government's proposal to extend the time for junior mining companies to spend amounts raised on issuance of flow-through shares.

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Jul 28, 2020
Featured Insight

Heading for the Exit: Preparation for the Sale of your Business

Heading for the Exit: Preparation for the Sale of your Business

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Jul 27, 2020
Featured Insight

Government Proposes Fundamental Changes to the Canada Emergency Wage Subsidy

This article provides a detailed analysis of the proposed changes to the Canada Emergency Wage Subsidy announced by the Government on July 17, 2020.

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Jul 21, 2020
Featured Insight

Budget 2019: Government seesawing on taxation of stock options

Budget 2019 announced the Government's intention to introduce an annual cap of $200,000 on employee stock option grants that may be eligible for tax-preferred

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Jul 21, 2020
Featured Insight

Will CRA Pursue Directors for Deferred GST/HST?

We discuss steps corporate directors can take to protect themselves from personal liability for deferred GST/HST remittances.

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Jun 10, 2020
Featured Insight

Court Dismisses Interim Relief Sought by Homeowners Currently Challenging the Speculation and Vacancy Tax Act

In November 2018, British Columbia’s provincial government introduced the Speculation and Vacancy Tax Act[1] (the “Act”).

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May 22, 2020
Featured Insight

Government Expands Entitlement to the Canada Emergency Wage Subsidy

Government Expands Entitlement to the Canada Emergency Wage Subsidy

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May 20, 2020
Featured Insight

Calculating the CEWS: Meaning of “Leave With Pay” Leaves Questions Unanswered

As part of the Canada Emergency Wage Subsidy, employers with eligible employees on "leave with pay" can potentially claim an increased subsidy.

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Apr 23, 2020
Featured Insight

Federal Government Broadens Access to the Canada Emergency Response Benefit and Proposes Wage Support for Essential Workers

The federal government is expanding CERB access and proposes to help with wages of essential employees.

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Apr 17, 2020
Featured Insight

The Canada Emergency Wage Subsidy: Increased Assistance on the Horizon

The Canada Emergency Wage Subsidy offers government subsidies of up to 75% of qualifying employee wages.

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Apr 13, 2020
Featured Insight

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

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Mar 20, 2020
Featured Insight
h4>Managing Tax Matters in the Midst of the COVID-­19 Pandemic

As the COVID­19 pandemic disrupts business operations around the world, in­house tax professionals must strive to adapt to rapidly changing tax requirements and new compliance challenges.

Mar 6, 2020
Featured Insight

Finance Puts the Brakes on Proposed Employee Stock Option Amendments

Department of Finance issued a release on December 19, 2019 advising that the stock option amendments would not come into effect as of January 1, 2020.

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Dec 19, 2019
Featured Insight

Canada Ratifies the Multilateral Instrument

On June 7, 2017, Canada along with numerous other jurisdictions signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting.

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Sep 5, 2019
Featured Insight

The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond

On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products

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Jun 21, 2019
Featured Insight

Budget 2019: New Excise Duty Regime For Three New Classes of Legalized Cannabis Products, and GST/HST Amendments for Health Care and Zero-Emission Passenger Vehicles

Currently, under the Cannabis Act,[1] there are five classes of legal cannabis, namely, fresh/dried cannabis, cannabis oil, cannabis plant seeds, and cannabis plants.

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Mar 29, 2019
Featured Insight

What’s in a name – the USMCA is the new NAFTA

On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.

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Oct 4, 2018
Featured Insight

Finance Proposes Amendments to Limit Holding Company – Input Tax Credit Claims (“ITC”) and Seeks Consultations on Further Possible Changes

Dept of Fin proposed amendments describing conditions for when taxable acquisitions imports of property or services by holding companies could make ITC claims

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Aug 7, 2018
Featured Insight

Significant Changes for Businesses Making Taxable Supplies into Québec

A proposal to amend the QST Act in the 2018 Québec budget will impose QST registration and collection agent compliance obligations on out-of-province businesses

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Jul 10, 2018
Featured Insight

Budget 2018: Tempered Private Company Passive Investment Income Changes Unveiled

Budget 2018 introduced measures to limit the tax deferral advantages perceived to be afforded to private company investment income.

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Mar 9, 2018
Featured Insight

42nd Annual Tax Law Conference

42nd Annual Tax Law Conference.

Details
March 9, 2018
Featured Insight

Budget 2018: A Blast from the Past – Tiered-Partnership Trap Reinstated

Budget 2018 proposes to tighten so-called "at-risk" rules in the Income Tax Act to limit losses that may flow through a tiered limited partnership structure.

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Mar 8, 2018
Featured Insight

Budget 2018: Cross Border Tax Planning Measures Targeted

Budget 2018 introduced several international tax measures designed to address certain taxpayer transactions.

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Mar 7, 2018
Featured Insight

Budget 2018: Cannabis Taxation Plans Move Forward

Budget 2018 plans to tax cannabis and will include the full range of regular taxes such as income tax on business profits, GST on product sales and the property taxes and licence fees

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Mar 6, 2018
Featured Insight

Budget 2018: Reassessment Periods and Information Sharing Expanded

Budget 2018 to amend the Income Tax Act to afford Canada Revenue Agency time to reassess certain taxpayers and more latitude to share information with foreign authorities

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Mar 5, 2018
Featured Insight

Budget 2018: Government Proceeds with “Investment Limited Partnership” GST/HST Measures and Holding Corporation Consultations

Budget 2018 reaffirms Government desire to subject services rendered by general partners of investment limited partnerships to GST/HST treatment and intention to examine holding corporation rule

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Mar 4, 2018
Featured Insight

Budget 2018: Mineral Exploration Tax Credit Extended and Tax Support for Clean Energy Expanded

Budget 2018 extends mineral exploration tax credit for so-called flow through shares for another year and eligibility for accelerated capital cost allowances for investments in clean energy equipment

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Mar 2, 2018
Featured Insight

2018 BC Provincial Budget Takes Aim at Real Estate Market

On February 20, 2018, the current BC Government introduced its 2018 British Columbia Provincial Budget (the “Budget”) which contained a number of measures targeting the local real estate market.

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Feb 20, 2018
Featured Insight

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust

Your Halloween Edition: The Ghost of the Terminated GST/HST Deemed Trust

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Nov 2, 2017
Featured Insight

Private Corporation Tax Proposals: “Striking a Balance” or Introducing Greater Complexity?

Private Corporation Tax Proposals: "Striking a Balance" or Introducing Greater Complexity?

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Oct 19, 2017
Featured Insight

A New Tax on Investment Funds: Distributions to General Partners (GPs) of “Investment Limited Partnerships” Possibly Subject to GST/HST

A New Tax on Investment Funds: Distributions to General Partners (GPs) of "Investment Limited Partnerships" Possibly Subject to GST/HST

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Oct 2, 2017
Featured Insight

Quebec Retail Sales Tax Act Repealed 25 Years Ago Is Still Relevant For Determining ITC Recapture

Quebec Retail Sales Tax Act Repealed 25 Years Ago Is Still Relevant For Determining ITC Recapture

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Sep 14, 2017
Featured Insight

Supreme Court Justices Drop the Gloves Over Tariff Classification

Supreme Court Justices Drop the Gloves Over Tariff Classification

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Sep 13, 2017
Featured Insight

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

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Sep 8, 2017
Featured Insight

Further Changes to Ontario’s Land Transfer Tax Regime: Trust and Partnership Transparency on the Chopping Block

Further Changes to Ontario's Land Transfer Tax Regime: Trust and Partnership Transparency on the Chopping Block

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Jul 15, 2017
Featured Insight

Federal Government Proposes Fundamental Changes to the Voluntary Disclosures Program

Federal Government Proposes Fundamental Changes to the Voluntary Disclosures Program

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Jul 11, 2017
Featured Insight

The Canada Revenue Agency Proposes Draft Memorandum for Voluntary Disclosures Involving GST/HST and Other Excise Tax Matters

The Canada Revenue Agency Proposes Draft Memorandum for Voluntary Disclosures Involving GST/HST and Other Excise Tax Matters

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Jul 11, 2017
Featured Insight

Budget 2017: Timing of Recognition of Gains and Losses on Derivatives

Budget 2017: Timing of Recognition of Gains and Losses on Derivatives

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Mar 29, 2017
Featured Insight

Budget 2017: Proposed GST/HST Amendments

Budget 2017: Proposed GST/HST Amendments: GST/HST rules and are intended to level the playing field

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Mar 28, 2017
Featured Insight

Budget 2017: New Rules Governing the Taxation of Segregated Funds

Budget 2017: New Rules Governing the Taxation of Segregated Funds

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Mar 28, 2017
Featured Insight

Budget 2017: Tax Changes Affecting the Resource Industries

Budget 2017: Tax Changes Affecting the Resource affecting the oil & gas and mining industries

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Mar 28, 2017
Featured Insight

Budget 2017: “Switch” Fund Reorganization Rules Introduced

Budget 2017: "Switch" Fund Reorganization Rules Introduced

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Mar 15, 2017
Featured Insight

Club Intrawest: Is it a supply? If so, what is the supply and where is it made?

Club Intrawest: Is it a supply? If so, what is the supply and where is it made?

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Feb 8, 2017
Featured Insight

Doing Business in Canada – Key Canadian Tax Considerations

Doing Business in Canada - Key Canadian Tax Considerations

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Feb 8, 2017
Featured Insight

Canada Revenue Agency Poised to Limit Access to the Voluntary Disclosures Program

Canada Revenue Agency Poised to Limit Access to the Voluntary Disclosures Program

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Dec 29, 2016
Featured Insight

Ontario Increases Land Transfer Tax Rates

Ontario Increases Land Transfer Tax Rates

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Nov 17, 2016
Featured Insight

Canada and Israel Enter into New Income Tax Convention

Canada and Israel Enter into New Income Tax Convention

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Oct 4, 2016
Featured Insight

Proposed GST/HST changes for investment limited partnerships and other investment funds

Proposed GST/HST changes for investment limited partnerships and other investment funds

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Aug 18, 2016
Featured Insight

Offshore Investment Fund Property Rules Clarified by the Tax Court

Offshore Investment Fund Property Rules Clarified by the Tax Court

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Jul 28, 2016
Featured Insight

Senate Committee Report Promotes Dismantling Internal Trade Barriers within Canada

Senate Committee Report Promotes Dismantling Internal Trade Barriers within Canada

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Jul 16, 2016
Featured Insight

Let the Good Times Roll: Court Allows the Free Flow of Liquor Across Provincial Borders

Let the Good Times Roll: Court Allows the Free Flow of Liquor Across Provincial Borders

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Jul 13, 2016
Featured Insight

Budget 2016: Reporting of “Grandfathered” New Home Sales

Budget 2016: Reporting of Grandfathered New Home Sales

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Apr 1, 2016
Featured Insight

New Québec Tax Certificate Requirement for Québec Construction Contractors and Employee Placement Agencies

New Québec Tax Certificate Requirement for Québec Construction Contractors and Employee Placement Agencies

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Mar 31, 2016
Featured Insight

Budget 2016: Expanding Tax Support For Clean Energy

Budget 2016: Expanding Tax Support For Clean Energy

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Mar 31, 2016
Featured Insight

Budget 2016: Canadian Resource Taxation Proposals

Budget 2016: Canadian Resource Taxation Proposals

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Mar 31, 2016
Featured Insight

Budget 2016: Labour-Sponsored Venture Capital Corporations Tax Credit Re-Introduced

Budget 2016: Labour-Sponsored Venture Capital Corporations Tax Credit Re-Introduced

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Mar 31, 2016
Featured Insight

Budget 2016: Debt Parking Rules Expanded to Address Foreign Currency Denominated Debts

Budget 2016: debt parking rules expanded to address foreign currency denominated debts

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Mar 31, 2016
Featured Insight

Budget 2016: Reversal of Previously Announced Tax Exemption for Charitable Donations

Budget 2016: Reversal of Previously Announced Tax Exemption for Charitable Donations

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Mar 31, 2016
Featured Insight

Budget 2016: Taxation of Emissions Trading Activities Clarified

Budget 2016: Taxation of Emissions Trading Activities Clarified

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Mar 31, 2016
Featured Insight

Budget 2016: Significant Changes to the Taxation of Linked Notes Announced

Budget 2016 – Significant Changes to the Taxation of Linked Notes Announced

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Mar 31, 2016
Featured Insight

Budget 2016: Eligible Capital Property Rules Revamped

Budget 2016: Eligible Capital Property Rules Revamped

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Mar 31, 2016
Featured Insight

Budget 2016: Small Business Gets Smaller

Budget 2016: Small Business Gets Smaller

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Mar 31, 2016
Featured Insight

Budget 2016: New Rules Targeting “Back-To-Back” Arrangements

Budget 2016: New Rules Targeting “Back-To-Back” Arrangements

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Mar 31, 2016
Featured Insight

Budget 2016: New Rules Governing the Taxation of “Switch Fund” Shares

Budget 2016 – New Rules Governing the Taxation of “Switch Fund” Shares

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Mar 31, 2016
Featured Insight

Budget 2016: Significant International Tax Proposals Unveiled

Budget 2016: Significant International Tax Proposals Unveiled

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Mar 31, 2016
Featured Insight

Budget 2016: GST / HST Changes Affecting Charities

Budget 2016: GST / HST Changes Affecting Charities

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Mar 31, 2016
Featured Insight

Budget 2016: Proposed GST/HST Amendments

Budget 2016: Proposed GST/HST Amendments

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Mar 31, 2016
Featured Insight

Misrepresentation Defines the Limit of Reassessing Beyond the Limitation Period: Inwest Investments Ltd. v. Canada, Canadian Tax Journal, (2015) Vol. 63, No. 4.

Misrepresentation Defines the Limit of Reassessing Beyond the Limitation Period: Inwest Investments Ltd. v. Canada, Canadian Tax Journal, (2015) Vol. 63, No. 4.

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Feb 3, 2016
Featured Insight

Number of Voluntary Disclosures Continues to Increase

Number of Voluntary Disclosures Continues to Increase

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Feb 2, 2016
Featured Insight

Tax Withholding Obligations of Non-Resident Employers: Further Exemption Details Released

Tax Withholding Obligations of Non-Resident Employers: Further Exemption Details Released

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Jan 28, 2016
Featured Insight

Taiwan – Canada Tax Arrangement Released

Taiwan – Canada Tax Arrangement Released

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Jan 25, 2016
Featured Insight

Are Changes to the Flow-Through Share Regime Around the Corner?

Are Changes to the Flow-Through Share Regime Around the Corner?

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Dec 10, 2015
Featured Insight

New Governments First Round of Tax Changes Introduced in Parliament

New Governments First Round of Tax Changes Introduced in Parliament

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Dec 9, 2015
Featured Insight

Significant Tax Changes on the Horizon

Significant Tax Changes on the Horizon

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Nov 20, 2015
Featured Insight

The New Home HST Rebate – Beware the Traps for the Unwary

The New Home HST Rebate – Beware the Traps for the Unwary

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Oct 28, 2015
Featured Insight

Central Management and Control Determines the Residency of a Trust for Provincial Tax Purposes

Central Management and Control Determines the Residency of a Trust for Provincial Tax Purposes

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Oct 16, 2015
Featured Insight

Shining a Light on Solar Panels: Government Promotion of Renewable Energy Leads to Trade Disputes and Trade Remedies

Shining a Light on Solar Panels: Government Promotion of Renewable Energy Leads to Trade Disputes and Trade Remedies

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Oct 2, 2015
Featured Insight

Third Party Penalties under the Income Tax Act Survive Constitutional Challenge

Third Party Penalties under the Income Tax Act Survive Constitutional Challenge

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Sep 1, 2015
Featured Insight

Windfalls in the Tax Court

A former land developer in Henco Industries Limited v. The Queen successfully argued before the Tax Court that a $15.8 million payment from the Ontario government should be characterized as a non-taxable capital receipt and a separate payment of $650,000 from the Ontario government should be characterized as a non-taxable windfall.

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Aug 20, 2015
Featured Insight

Government can Impose Penalties on Large Businesses for Deficiently Reporting Recapture of Input Tax Credits (“ITCs”)

Generally, "large businesses" can recapture ITCs relating to the Ontario and Prince Edward Island portion of the HST payable re some property and services

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Aug 19, 2015
Featured Insight

Reduction of Input Tax Credit (“ITC”) Recapture Rate for Ontario Portion of HST (“OHST”) starting July 1, 2015

Reduction of Input Tax Credit ("ITC") Recapture Rate for Ontario Portion of HST ("OHST") starting July 1, 2015

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Jul 9, 2015
Featured Insight

Budget 2015: Tax-Free Savings Accounts – A Welcome Contribution Limit Increase, but “Prohibited Investment” Rules Remain a Concern

Budget 2015 proposes to increase the TFSA annual contribution limit from January 1, 2015. The TFSA annual contribution limit will no longer be indexed to inflation.

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Apr 29, 2015
Featured Insight

Budget 2015: Incentivizing Charitable Giving and Easing Investment Restrictions on Charities and RCAAAs

Budget 2015 announced three proposals to amend the Income Tax Act (Canada) that are designed to further incentivize charitable giving to registered charities and other "qualified donees".

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Apr 28, 2015
Featured Insight

Budget 2015 – “Surplus Stripping” Anti-Avoidance Rule

Budget 2015 – "Surplus Stripping" Anti-Avoidance Rule

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Apr 28, 2015
Featured Insight

Budget 2015: RRIF Withdrawal Requirements Adjusted to Better Reflect Current Realities

Budget 2015: RRIF Withdrawal Requirements Adjusted to Better Reflect Current Realities

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Apr 28, 2015
Featured Insight

Budget 2015: Changes and Consultations Affecting the Taxation of Businesses

Budget 2015: Changes and Consultations Affecting the Taxation of Businesses

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Apr 28, 2015
Featured Insight

Budget 2015: Penalties for Tax Reporting Failures Modified

Budget 2015: Penalties for Tax Reporting Failures Modified

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Apr 28, 2015
Featured Insight

Budget 2015: New Rules Target “Synthetic Equity Arrangements”

Budget 2015: New Rules Target "Synthetic Equity Arrangements"

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Apr 28, 2015
Featured Insight

Budget 2015: International Tax – Tackling Administrative Challenges

Budget 2015: International Tax - Tackling Administrative Challenges

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Apr 28, 2015
Featured Insight

Changes to the Taxation of Resource Industries

The Government announced changes to the Cdn resource sector. First, the super flow-through share program; second costs of enviro studies and community consults

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Mar 4, 2015
Featured Insight

Budget 2014: Treaty Shopping

Budget 2014: Treaty Shopping

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Feb 21, 2014
Featured Insight

Budget 2014: Consultation on Eligible Capital Property

Budget 2014: Consultation on Eligible Capital Property

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Feb 14, 2014
Featured Insight

Budget 2013: international tax compliance

Budget 2013: international tax compliance

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Mar 26, 2013