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 2026

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

New hires from rivals are reportedly being axed from the firm, following a steep decline in profits
Following Richard Houston’s switch to the newly formed Deloitte EMEA, Graves has the opportunity to bring Deloitte’s tax practice up to speed with its rivals
Firms announced tax hires and promotions across Europe and the US, while fresh figures from Ireland showed corporation tax receipts edging down in the first quarter
The country has overseen better audit procedures and demonstrated commitment to acting as a 'regional leader' on international tax matters, the OECD said
Barrister Setu Kamal and policy guru Dan Neidle have clashed over the former’s legal action against Google, described as ‘bonkers’ by Neidle
Authors from Khaitan & Co evaluate the recent CBDT notification, whereby legacy investments made by investors continue to be exempt from the applicability of GAAR
Dual-qualified corporate tax specialist Christoph Schimmer joins the firm after stints at Deloitte, Cerha Hempel and DLA Piper
Geopolitical rivalry is reshaping global tax cooperation, as the OECD’s minimum tax framework fragments and the EU grapples with the ensuing legal fallout
LED Taxand’s partner tells ITR about entrepreneurial inspirations, the importance of people skills, and what makes tax cool
Shiny new offices like Ryan’s in London Bridge aren’t just a cost – they signal that a firm is willing to align with its clients’ interests
Gift this article