Canada: Canadian 2017 budget provides update on BEPS

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Canada: Canadian 2017 budget provides update on BEPS

intl-updates-small.jpg
jamal.jpg
maclagan.jpg

Soraya M Jamal

Bill S Maclagan

Canada's 2017 budget gives a clear indication of the Canadian government's commitment to "continue to work with its international partners to ensure a coherent and consistent response to fight tax avoidance".

Budget 2017 notes that the Canadian government has implemented – or is in the process of implementing – various measures that meet the agreed minimum standards under the OECD's BEPS Project, including:

  • Enacting legislation in December 2016 that requires large multinational enterprises to file country-by-country reports for group fiscal years beginning on or after January 1 2016;

  • Participating in the development of the OECD's Multilateral Instrument (MLI) to streamline the implementation of tax treaty-related BEPS recommendations, including those addressing treaty abuse. Budget 2017 indicates that the Canadian government is pursuing signature of the MLI and is undertaking the necessary domestic processes to do so. However, no indication has been given as to which countries Canada is pursuing signature of the MLI with, or which of the many alternative provisions in the MLI Canada is seeking to implement;

  • Trying to improve the mutual agreement procedure in Canada's tax treaties in an effort to promote the effective and timely resolution of treaty-related disputes; and

  • Spontaneously exchanging tax rulings with other tax administrations where such rulings could otherwise give rise to BEPS concerns.

Canada already has robust controlled foreign corporation (CFC) rules and reporting requirements relating to certain tax avoidance transactions. Budget 2017 states that the Canada Revenue Agency already is applying the revised international guidance on transfer pricing by multinational enterprises.

In addition to the foregoing, Budget 2017 confirms that the Canadian government is strengthening its efforts to combat international tax evasion through enhanced sharing of information between tax authorities under the OECD's framework of the Common Reporting Standard (modelled on the US FATCA). In this regard, Canada recently enacted legislation to implement the standard, starting on July 1 2017, which will allow for the first exchanges of information with other countries in 2018.

Aside from the BEPS recommendations, the Canadian government has also announced proposed measures to extend base erosion rules to foreign branches of life insurers that, if enacted, would become effective for taxation years beginning on or after March 22 2017.

While Canada has been active in combatting international tax avoidance and evasion, Budget 2017 serves as a clear indication of the Canadian government's commitment to its continued efforts in this endeavour.

Soraya M Jamal, Partner (soraya.jamal@blakes.com) and Bill S Maclagan, QC, Partner (bill.maclagan@blakes.com), Vancouver

Blake, Cassels & Graydon LLP

Tel: +1 604 631 3300

Fax: +1 604 631 3309

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

Corporate counsel should combine deep technical knowledge with strategic dynamism, says Agarwal, winner of ITR’s EMEA In-house Indirect Tax Leader of the Year award
Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Nobody likes paperwork or paying money, but the assertion that legal accreditation doesn’t offer value to firms and clients alike is false
Ryan hopes the buyout will help it expand into Asia and the Middle East; in other news, three German finance ministers have called for a suspension of pillar two
SKAT, which was represented by Pinsent Masons, had accused Sanjay Shah and other defendants of fraudulent dividend tax refund claims
TP managers must be able to explain technical issues in simple terms, ITR’s European Transfer Pricing Forum heard
Prudential had challenged HMRC over VAT group relief; in other news, Donald Trump unveiled timber and wood tariffs, and the European Commission published a ViDA implementation strategy
Australia’s CbCR rules have ‘widespread support’ and do not put American companies at a competitive disadvantage, the FACT Coalition said
Gift this article