All material subject to strictly enforced copyright laws. © 2022 ITR is part of the Euromoney Institutional Investor PLC group.

Canadian 2013 Budget - Administrative International Tax Proposals

blakes-leopardi.jpg

blakes-sala.jpg

John Leopardi and Emmanuel Sala, Blake Cassels & Graydon

New measures targeting international tax evasion and addressing international aggressive tax avoidance in order to "enhance the integrity of the tax system" were proposed in the March 2013 Canadian. budget. Seemingly referring to the MIL Investments, Prevost Car and Velcro decisions, the government acknowledged that it has been unsuccessful in challenging perceived “treaty shopping” and announced a public consultation to provide stakeholders with an opportunity to comment on possible measures that would “protect the integrity of Canada’s tax base while preserving a business tax environment that is conducive to foreign investment”.

Specified Foreign Property Reporting Requirements

Effective in 2013 and subsequent taxation years, the normal reassessment period will be extended by an additional three years for Canadian residents who fail to comply with foreign reporting requirements regarding certain types of foreign property held offshore (including funds held outside of Canada) with a cost in excess of $100,000. The relevant tax form will also be revised to provide more detailed information, including the names of specific foreign institutions and countries where offshore assets are located and the foreign income earned on those assets.

Information Requirements Regarding Unnamed Persons

The current ex parte judicial procedure authorizing the Canada Revenue Agency (CRA) to obtain information from any third party about unnamed persons will be replaced, effective when the enacting legislation is passed, with a procedure under which the third party would be given notice of the application for the order. The third party would then be required to make any representations at the initial hearing, thus avoiding subsequent judicial reviews stemming from a third party challenging ex parte orders.

International Electronic Funds Transfers

Beginning in 2015, certain financial intermediaries (including banks, credit unions, trust and loan companies, money services businesses and casinos) will be required to report to the CRA international electronic funds transfers of $10,000 or more.

Tax Whistleblower Program

The CRA will launch a program under which it will offer rewards, of up to 15% of federal tax collected, to individuals that provide information to the CRA that leads to the collection of outstanding taxes o f more than $100,000 in respect of international tax non-compliance.

John Leopardi (john.leopardi@blakes.com) & Emmanuel Sala (emmanuel.sala@blakes.com)

Blake, Cassels & Graydon

Tel: +1 514 982 4000

Website: www.blakes.com

more across site & bottom lb ros

More from across our site

The UN’s decision to seek a leadership role in global tax policy could be a crucial turning point but won’t be the end of the OECD, say tax experts.
The UN may be set to assume a global role in tax policy that would rival the OECD, while automakers lobby the US to change its tax rules on Chinese materials.
Companies including Valentino and EveryMatrix say the early adoption of EU public CbCR rules could boost transparency of local and foreign MNEs, despite the short notice.
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2023 ITR Tax Awards in Asia-Pacific, Europe Middle East & Africa, and the Americas.
Tax authorities and customs are failing multinationals by creating uncertainty with contradictory assessment and guidance, say in-house tax directors.
The CJEU said the General Court erred in law when it ruled that both companies benefitted from Italian state aid.
An OECD report reveals multinationals have continued to shift profits to low-tax jurisdictions, reinforcing the case for strong multilateral action in response.
The UK government announced plans to increase taxes on oil and gas profits, while the Irish government considers its next move on tax reform.
War and COVID have highlighted companies’ unpreparedness to deal with sudden geo-political changes, say TP specialists.
A source who has seen the draft law said it brings clarity on intangibles and other areas of TP including tax planning.