Canada: Canadian 2014 Budget: A Focus on base erosion and profit shifting

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Canada: Canadian 2014 Budget: A Focus on base erosion and profit shifting

jamal.jpg

maclagan.jpg

Soraya M Jamal


Bill Maclagan

Canada's 2014 budget gives a clear indication of the Canadian government's desire to address perceived limitations in, and abuses of, Canada's international tax system. In particular, Budget 2014 contains a number of measures which further Canada's "ongoing efforts to protect the Canadian tax base and ensure tax fairness". While the proposed measures align with the OECD's base erosion and profit shifting initiatives, the government has reaffirmed its intention to retain an internationally competitive tax system.

Treaty shopping

Following a short period public consultation, Budget 2014 announced that the Canadian government proposes to adopt a domestic rule to prevent treaty shopping which would apply to all Canadian tax treaties.

The proposed rule would permit the Canadian government to deny a treaty-based benefit if one of the main purposes for undertaking a relevant transaction was to obtain that benefit. It would be presumed that the main purpose test would be satisfied if the relevant treaty income was primarily used to pay an amount to a person who would not have been entitled to an equivalent or more favourable treaty benefit had the person received that income directly. As a relieving measure, it is proposed that the treaty-benefit may be provided to the extent reasonable in the circumstances. A safe harbour would apply in certain circumstances such as where the relevant treaty income is received as a result of substantial active business activities carried on in the relevant treaty jurisdiction.

The government has initiated a public consultation in respect of these proposals. The consultation outcome, along with the OECD's upcoming BEPS recommendations, will be relevant in determining Canada's approach to treaty shopping. While it is unclear if the proposals will be implemented, existing cross-border arrangements should be examined as Budget 2014 contains no indication that transitional relief will be provided to such arrangements.

Tax planning by multinational enterprises

Budget 2014 also announced a public consultation on issues relating to international tax planning by multinational enterprises. The consultation concentrates on five questions which consider the impact of tax planning by multinationals and the government's role in respect thereof.

Additionally, public input is being sought on the effective collection of sales tax on e-commerce sales by foreign-based vendors. In particular, consideration is being given to whether foreign-based vendors should be required to register with Canadian tax authorities and charge sale tax on e-commerce sales to Canadians.

Soraya M Jamal (soraya.jamal@blakes.com) and Bill Maclagan (bill.maclagan@blakes.com)

Blake, Cassels & Graydon

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

Tax teams that centralise and automate their pillar two data will have a much easier time during reporting season, says Hank Moonen, CEO of TaxModel
While GCCs drive efficiency for multinationals, they also present a host of TP risks that should be considered carefully
PwC Ireland has also called for simplifying Ireland’s tax code and a reduction in its capital gains tax in a pre-budget submission
Effective audit management requires more than documentation; it’s the way taxpayers engage that can shape audit direction, manage procedural ambiguity, and preserve options for appeal or litigation
American advisers are falling short of client expectations when it comes to providing value-added services, but remaining tight-lipped won’t make the problem go away
Awards
The Social Impact Awards unveil new categories to reflect a changing legal and social landscape
Australia's approach to tax policy has undergone significant shifts in recent years, reflecting global trends and unique domestic considerations. These developments merit close attention from tax professionals
The UK has temporarily dodged the 50% rate due to a trade deal signed with the US in May; in other news, Ryan acquired a Northern Irish tax firm
Following a $28 million funding round, Aibidia wants to ‘double down’ on the US market via partnerships with the ‘big four’, the Finnish TP tech provider’s CEO tells ITR
The Luxembourg-based TP leader tells ITR about relishing the intellectual challenge of his practice, his admiration for Stephen Hawking, and what makes tax cool
Gift this article