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

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: 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

Canadian Prime Minister Mark Carney and US President Donald Trump have agreed that the countries will look to conclude a deal by July 21, 2025
The firm’s lack of transparency regarding its tax leaks scandal should see the ban extended beyond June 30, senators Deborah O’Neill and Barbara Pocock tell ITR
Despite posing significant administrative hurdles, digital services taxes remain ‘the best way forward’ for emerging economies, says Neil Kelley, COO of Ascoria
A ‘joint understanding’ among G7 countries that ‘defends American interests’ is set to be announced, Scott Bessent claimed
The ‘big four’ firm’s inaugural annual report unveiled a sharp drop in profits for 2024; in other news, Baker McKenzie and Perkins Coie expanded their US tax benches
Representatives from the two countries focused on TP as they met this week to evaluate progress under a previously signed agreement – it is understood
The UK accountancy firm’s transfer pricing lead tells ITR about his expat lifestyle, taking risks, and what makes tax cool
Dolphin Drilling intends to discuss the final liability amount and manner of settlement with HM Revenue and Customs
Winning the case against the 20% VAT imposition was always going to be an uphill challenge for the claimants, UK tax advisers argue
A ‘paradigm shift’ in Chile’s tax enforcement requires compliance architecture built on proactive governance, strategic documentation and active monitoring of judicial developments
Gift this article