Please note: This is an archive of older news items, originally posted in the ‘Tax Briefing’ section. Please note that tax legislation and case law is updated frequently. Older news items may not reflect current legislation.

Following the enactment of various anti-surplus stripping provisions, Edmonton tax consultant Perry Kiefer looks at the challenges to accessing corporate surplus by using Tuck-Under transactions.

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Originally published in Business Vehicles.
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Christopher Montes examines the common-law residence test and how it is applied to tax residents of more than one country. “Habitual Abode” Not Always Where the Heart Is.

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Originally published by the Canadian Tax Foundation.
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Following the March 22, 2016 federal budget, here are links to our commentary on structures that multiply the small business deduction.

The first article discusses the budget proposals as they apply to certain partnership structures, with a on focus professional corporations. The second article discusses the budget proposals as they apply to corporate structures using ...

Jon D. Gilbert and H. Michael Dolson examine the policy issues around the accessing of corporate surplus and “surplus stripping”.

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Originally presented at Canadian Tax Foundation Prairie Provinces Tax Conference 2014.
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Impact of Producers, Marketers and Users of Fuel.

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K. John Fuller gives a summary of the recent Alberta tax rate changes and outlines their implications for tax revenue.

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Gleaning principles from real estate trading cases is a difficult task because of the fact-specific nature of each case. Generally, real estate properties owned by a taxpayer that carries on a real estate development business are inventory. Daniel J. Morrison explains why the recent decision in Belcourt Properties Inc. v. The Queen (2014 TCC 208) ...

Christopher J. Montes examines the anti-avoidance rules and provides analysis of some of the recent tax avoidance cases: Pièces Automobiles Lecavalier Inc. v. R.,5 Lehigh Cement Ltd. v. R.,6 McKesson Canada Corp. v. R.,7 Devon Canada Corp. v. R.,8 D & D Livestock Ltd. v. R.9 and Swirsky v. R.sky ...

In Alberta, a partner can enter into a contract with a partnership of which the partner is a member.

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Originally published in Tax for the Owner Manager.
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Edmonton tax lawyer Mike Dolson explains the IRS’s cash-for-tips whistleblower program.

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Originally published by the Canadian Tax Foundation.
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Chad Brown examines basic tax planning issues including the deemed disposition under 70(5) of the Income Tax Act, the 164(6) Election, and the Pipeline Strategy.

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First appeared in Law Matters, Vol. 37, No. 1, Canadian Bar Association (Alberta Branch), May 2012...

Section 87 of the Act describes certain income tax consequences of an amalgamation that satisfies the conditions in subsection 87(1)–namely, a merger of taxable Canadian corporations into one corporate entity where all of the property and liabilities (other than intercompany… 

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Chris Montes examines the proposed amendments to the anti-avoidance rules contained in subsection 55(2) of the Income Tax Act, designed to prevent capital gains stripping.

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The July 18, 2017 White Paper published by the Department of Finance proposes significant changes to Canada’s corporate income tax system, which may adversely impact a large number of private corporations. The proposed amendments are complicated; this complexity will lead not only to unintended consequences, but will also impose outsized compliance costs on Canadian businesses....

Anthony Strawson contributes to CBA/CPA Joint Committee submission on September 16, 2016 technical amendments.

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Derrick Hosanna examines the techniques available to taxpayers to main solicitor-client privilege over legal invoices when attempting to support the deduction of legal fees.

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Originally published by the Canadian Tax Foundation....

Andrew Bateman looks at the tax implications of marriage breakdown and specifically the income tax considerations related to support payments, property division, and tax liability risks.

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Originally published by the Canadian Tax Journal....

Summary of the new partnership anti-deferral rules:

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On July 18, 2017, the Department of Finance released a White Paper concerning the taxation of private corporations and their shareholders. The proposals outlined in the White Paper represent some of the most significant changes to the Canadian income tax system for the last 25 years.

In this Tax Note, we review the legislative ...

Anthony Strawson and Andrew Bateman provide an update to the Society of Trust and Estate Practitioners on the taxation of small business and professional corporations.

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Presented to the Society of Trust and Estate Practitioners (STEP), November 2016...

Ken Skingle and Chad Conrad examine the companion Alberta GAAR decisions in Husky Energy Inc. v. Alberta and Canada Safeway Limited v. Alberta. The Court of Appeal upheld the 2011 decisions of the Alberta Court of Queen’s Bench, that allowed both taxpayers’ appeals with respect to an interprovincial planning strategy. The Supreme Court ...

H. Michael Dolson provides analysis of the recent decisions in Garron and the adoption of the central management and control test for trust residence and its impact on interprovincial tax planning.

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Originally published by the Canadian Tax Journal....

by Sarah Chiu

Case Comment: R (Prudential plc and another) v. Special Commissioner of Income Tax and another (Institute of Chartered Accountants of England and Wales and others intervening), [2013] UKSC 1.

Earlier this year, the United Kingdom Supreme Court (formerly the House of Lords) confirmed that legal advice privilege, which is understood to ...

Anthony Strawson provides an update on the general anti-avoidance rule for the Canadian Petroleum Tax Society, including with respect to the relevance of subsequent legislative amendments on an abuse analysis.

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Presented at CPTS Fall Lecture Series, November 2016...

Anthony Strawson examines the application of Subsection 129(1.2) as it relates to divided refunds for private corporations.

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Originally published by the Canadian Tax Foundation....

Timothy Kirby, Rick Barnay and Sean W. Hiebert examine the concept of loss trading that was perceived as abusive by the Canada Revenue Agency (CRA) and, ultimately, by the Department of Finance as evidenced by the introduction of the concept of a “loss restriction event”.

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Originally published by the Canadian Tax Foundation....