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

Canada: Proposed legislative amendments to foreign affiliate dumping rules



Sabrina Wong and Atbin Dezfuli, Blake Cassels & Graydon

On August 16 2013, the government of Canada introduced draft legislative proposals (August 16 proposals) to amend its foreign affiliate (FA) dumping rules. The measures may be introduced into Parliament as early as autumn 2013.

The FA dumping rules generally apply where a corporation resident in Canada (CRIC) controlled by a non-resident corporation (parent) makes an investment in a corporation that is or becomes an FA of the CRIC. Where CRIC gives non-share consideration for acquiring the investment, a deemed dividend to its parent can be triggered that will be subject to Canadian withholding tax, except to the extent it reduces the CRIC's paid-up capital (PUC offset rule). Where the CRIC gives its shares as consideration, the PUC of such shares are deemed to be nil.

The August 16 proposals contain changes to the FA dumping rules generally of a relieving nature, including:

  • Limiting the application of the FA dumping rules where a CRIC makes an investment in an FA before CRIC becomes controlled by the parent;

  • Making the application of the PUC offset rule completely automatic and significantly amending the scope of the dividend substitution election (the QSC election) that allows other Canadian members of the corporate group to be treated as having paid the dividend;

  • Extending the application of the rule that reinstates previously reduced PUC in certain circumstances (the PUC reinstatement rule), including expanding the types of FA investments to which the rule could apply; and

  • Broadening the rules which except certain amalgamations of taxable Canadian corporations from the FA dumping rules.

However, the August 16 proposals also include amendments aimed at preventing taxpayers from using certain relieving provisions to avoid the application of the FA dumping rules.

The impact of the rules and the proposed changes should be carefully considered by any foreign investor planning an acquisition of, or investment in, any Canadian company with foreign operations.

Sabrina Wong ( and Atbin Dezfuli (

Blake, Cassels & Graydon

Tel: +1 416 863 2400 and Fax: +1 416 863 2653

more across site & bottom lb ros

More from across our site

This week Brazil’s former President Luiz Inacio Lula da Silva came out in support of uniting Brazil’s consumption taxes into one VAT regime, while the US Senate approved a corporate minimum tax rate.
The Dutch TP decree marks a turn in the Netherlands as the country aligns its tax policies with OECD standards over claims it is a tax haven.
Gorka Echevarria talks to reporter Siqalane Taho about how inflation, e-invoicing and technology are affecting the laser printing firm in a post-COVID world.
Tax directors have called on companies to better secure their data as they generate ever-increasing amounts of information due to greater government scrutiny.
Incoming amendments to the treaty could increase costs on non-resident Indian service providers.
Experts say the proposed minimum tax does not align with the OECD’s pillar two regime and risks other countries pulling out.
The Malawian government has targeted US gemstone miner Columbia Gem House, while Amgen has successfully consolidated two separate tax disputes with the Internal Revenue Service.
ITR's latest quarterly PDF is now live, leading on the rise of tax technology.
ITR is delighted to reveal all the shortlisted firms, teams, and practitioners for the 2022 Americas Tax Awards – winners to be announced on September 22
‘Care’ is the operative word as HMRC seeks to clamp down on transfer pricing breaches next year.
We use cookies to provide a personalized site experience.
By continuing to use & browse the site you agree to our Privacy Policy.
I agree