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

Gregor McMillan of Howden explains how insurance-backed financing can help businesses and funds unlock liquidity from tax receivables and other contingent claims
The arrival of Alex Anderson swiftly follows that of funds tax specialist Stuart Alter and suggests the Tier 3-ranked firm has higher ambitions
One of the two appointments is EY’s Gordon McIntosh, who becomes the big four firm’s second senior tax departure in September
Balson's move from a Tier 1 practice to a Tier 3 competitor looks counterintuitive. The market data suggests it is anything but
Awards
It was another banner year for Deloitte, which picked up more awards than any other firm at a gala ceremony held at The Londoner in Leicester Square
The big four firm has been embroiled in a scandal over partners’ misuse of confidential board papers to pitch for and win corporate audits for Westpac and Dexus
Drawing on lessons from the PepsiCo case, tax lawyer Paul McNab explains why the ATO's latest royalty guidance should concern multinationals well beyond the technology sector
As pillar two exposes the limits of fragmented tax processes, organisations are rethinking their operating models to create the trusted data foundations that AI demands
World Tax data shows Matt Donnelly is moving from a Tier 3 transactional tax practice to a Tier 1 market leader, underlining Kirkland & Ellis’s pull at the top end of the market
Nexdigm's Maulik Doshi and infer360 co-founder Sunil Agarwal dig deeper into their partnership and discuss why the tax technology industry is consolidating
Gift this article