Canada: Recent treaty shopping developments

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: Recent treaty shopping developments

In part, as a consequence of the OECD's work on BEPS and its specific efforts to address treaty shopping, the Canadian government has been considering a range of possible measures that might be adopted to counteract treaty shopping.

jamal.jpg

leopardi.jpg

Soraya Jamal


John Leopardi

Consideration of this issue has been within the context of the government's overriding intention to retain an internationally competitive tax system while, at the same time, addressing perceived limitations in, and abuses of, Canada's international tax system. Following a public consultation in 2013 but before the release by the OECD of the BEPS deliverable on treaty shopping, in its 2014 Canadian federal Budget, the government announced that a domestic rule to prevent treaty shopping, which would apply to all Canadian tax treaties, would be more effective than a treaty-based approach such as the US-style limitation on benefits (LoB) approach. The proposed domestic rule would apply broadly to permit the government to deny a treaty-based benefit if one of the main purposes for undertaking a relevant transaction was to obtain that benefit. However, after engaging in further public consultations, the government announced in August 2014 that it would await further work by the OECD and the G20 in relation to their BEPS initiative before moving ahead with its proposed domestic rule.

On September 16 2014, the OECD released a series of BEPS deliverables, including a report containing draft recommendations relating to preventing the abuse of tax treaties (Action 6 of the OECD plan). The report contains a draft recommendation that tax treaties should include a specific anti-abuse rule (based on the LoB provisions used in US treaties) along with a more general anti-abuse rule (based on the principal purposes of the transactions). The final version of the OECD's recommendations to address treaty shopping is due to be released in September 2015.

The government had initially indicated a clear desire to prevent treaty shopping with the use of a domestic rule. The OECD's September 2014 report confirms that countries should, at the very least, amend their tax treaties to address treaty shopping. It is unclear whether Canada will abandon the more subjective domestic anti-treaty shopping proposals released earlier this year or will adopt an approach that contains a combination of both domestic and objective treaty-based measures or hopefully, only treaty-based measures. Existing cross-border arrangements should be closely monitored given the existing uncertainty, including as to whether transitional relief, if any, will be provided to such arrangements.

Soraya Jamal (soraya.jamal@blakes.com) and John Leopardi (john.leopardi@blakes.com)

Blake, Cassels & Graydon

Tel: +1 604 631 3305; +1 514 982 5030

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

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
Baker McKenzie advised two of the member firms involved, while several advisers provided transaction counsel to US-based Grant Thornton Advisors
Foreign remittance requirements put additional administrative burden on Indian law firms and strain their relationship with foreign associate firms, according to practitioners
Gift this article