Canada: Government’s mandate to improve integrity of Canadian tax system continues with enactment of Bill C-4

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: Government’s mandate to improve integrity of Canadian tax system continues with enactment of Bill C-4

diep.jpg

caines.jpg

Nancy Diep


Ian Caines

On December 12 2013, Canada enacted Bill C-4, implementing a variety of income tax measures announced in the March 2013 federal budget. One of the stated themes of the budget was improving the integrity of the Canadian tax system and Bill C-4 included a number of new anti-avoidance measures, including an extension of Canada's thin-capitalisation rules and new rules regarding derivative forward agreements (DFAs) and synthetic disposition arrangements (SDAs). Before Bill C-4, Canada's thin-capitalisation rules, which prevent foreign investors from taking profits out of Canada entirely in the form of tax-deductible interest rather than after-tax dividends, only applied to direct and indirect debts of Canadian resident corporations. Effective for taxation years beginning after 2013, Bill C-4 extends these rules to Canadian resident trusts, as well as to debts of non-resident corporations and trusts that carry on business in Canada. For non-resident corporations and trusts, the rules use a notional equity amount based on the cost of property used in such businesses.

The new rules for DFAs and SDAs are targeted at arrangements that synthesise the economic results of certain transactions (for example receipt of certain income streams in the case of DFAs and disposition of appreciated assets in the case of SDAs) without triggering the full corresponding tax consequences. These rules seek to align such tax and economic results but the rules, though aimed at a narrow range of perceived abuses, are broadly drafted and could potentially apply to many transactions.

Bill C-4 also included rules to enact earlier proposals to deny certain deductions in respect of publicly traded stapled securities.

Foreign entities operating in Canada should confirm that their arrangements comply with the expanded thin-capitalisation rules, and should be mindful of the potential impact of the other anti-avoidance rules.

Nancy Diep (nancy.diep@blakes.com)

Tel: +1 403 260 9779

Ian Caines (ian.caines@blakes.com)

Tel: +1 416 863 5277

Blake, Cassels & Graydon

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article