Canada: Canadian government reaffirms commitment to combatting domestic and offshore tax avoidance and evasion

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: Canadian government reaffirms commitment to combatting domestic and offshore tax avoidance and evasion

penny.jpg
bazarkewich.jpg

Kathleen Penny

Shavone Bazarkewich

On February 22 2017, the Canadian government responded to the recommendations made in the sixth report of the Standing Committee on Finance entitled: The Canada Revenue Agency, Tax Avoidance and Tax Evasion: Recommended Actions (standing committee report). The response generally supported all 14 recommendations of the standing committee report and reaffirmed the government's commitment to cracking down on tax evasion and perceived "aggressive tax avoidance".

Notable comments included the following:

  • The government will consider whether the reportable transactions legislation should be expanded;

  • Recommendations from the Offshore Compliance Advisory Committee's first report to the minister will be used to review the voluntary disclosures program (VDP). The review will be completed by March 31 2017 and will likely result in changes to narrow the criteria for acceptance into the VDP;

  • Guidelines used to determine whether to pursue litigation or to seek a settlement with taxpayers that have engaged in tax avoidance or tax evasion are being reviewed;

  • The Canada Revenue Agency (CRA) will review the informant leads program and the offshore tax informant program in order to encourage informants to come forward, as well as to modernise intake and interaction with information;

  • Canada's exchange of information relationships are being, or will be, reviewed to ensure that bank secrecy or lack of a domestic tax interest cannot be used to deny information exchange;

  • The government will strive to work closely with other jurisdictions to fight offshore non-compliance and international tax evasion and avoidance; and

  • A report providing practical guidelines for the implementation of a base erosion and project shifting (BEPS) action item related to risk assessment and reporting by large multi-national enterprises will be released in spring 2017.

Despite setting out the differences between tax evasion, a potentially criminal offence, and tax avoidance, a minimisation of tax liability within the letter of the law, the government's response sometimes failed to clearly distinguish between the two. This is concerning when considering how the standing committee report's recommendations will be implemented, particularly when a number of the recommendations contemplate the review of tax compliance mechanisms and penalties.

The government has clearly reiterated its dedication to cracking down on tax evasion and aggressive tax avoidance. The government's response, as well as the standing committee report, indicates that offshore compliance will be a focus of these efforts. In the press release announcing the tabling of the government's response, the CRA indicated that it is criminally investigating 20 cases of tax evasion related to offshore accounts. In addition, the government's response mentions that 60 taxpayers are under audit as a result of review of the 'Panama Papers' scandal.

Kathleen Penny (kathleen.penny@blakes.com) and Shavone Bazarkewich (shavone.bazarkewich@blakes.com), Toronto

Blake, Cassels & Graydon LLP

Tel: +1 416 863 3898 and +1 416 863 2994

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

The event comes at an important moment for professionals dealing with practical realities related to this practice area
Germany’s dogmatic restriction of third-party investment in tax advisory firms will only serve to slow down innovation and access to justice
The Irish government has been told that it’s spending too much of its corporation tax receipts and should instead focus on running bigger surpluses; plus, the IRS is set to merge tax practitioner offices
A company risks double taxation, penalties and inquiry cost if it submits a form with anomalies under the new system, Asker Ali also tells ITR
Arindam Mitra and Robin Hart examine how aggregate TP rules clash with transaction-level customs rules, creating compliance risks and requiring granular, SKU-level pricing strategies
The scandal has come just three years after the PwC tax leaks controversy and has prompted KPMG’s Australian chief executive to resign
In the first of a two-part series on capital v revenue in R&D, Jayne Stokes explores these key concepts and where UK companies need to tread carefully
Magnus Pantzar is set to join as managing director after spending nearly a decade as EQT’s global head of tax
The OECD’s project was up for debate as Matt Williams spoke to ITR following BDO’s tax strategist survey, which uncovered increased complexity and costs among multinationals
The recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
Gift this article