Canada’s 2019 federal budget introduces transfer pricing measures
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada’s 2019 federal budget introduces transfer pricing measures

Ottawa - Large

Deloitte’s Phil Fortier and Tony Anderson summarise the transfer pricing (TP) measures in Canada’s 2019 federal budget.

Canada’s 2019 federal budget, released March 19, proposes two new measures concerning the relationship between the transfer pricing (TP) rules in the Income Tax Act (ITA) and other provisions of the ITA. The budget also provides commentary on the ongoing BEPS project.

A summary of the TP-related measures contained in the budget is provided below.

Transfer pricing measures

The two budget measures related to TP include the order of application of the TP rules and the definition of transaction for an extended reassessment period.

Order of application of the transfer pricing rules

Canada’s government proposes amending the ITA to clarify that the TP rules in Part XVI.1 (s. 247) should have priority of application over other provisions in the ITA. The budget notes that this change may have various implications and provides an example on the calculation of TP penalties imposed under Part XVI.1 of the ITA. 

The budget notes that the current exceptions to the application of TP rules that pertain to Canadian resident corporations that have amounts owing from controlled foreign affiliates, or guarantees of amounts owed by controlled foreign affiliates, will continue to apply.

The order of application measure will apply to taxation periods that begin on or after March 19 2019.

Definition of transaction for extended reassessment period

Canada’s government has also proposed amending the ITA to ensure that the term “transaction” has the same meaning in both the TP rules and the applicable reassessment rules.

As background, an extended three-year reassessment period applies to reassessments made as a consequence of a transaction involving a taxpayer and a non-resident with whom the taxpayer does not deal at arm’s-length.

The budget notes that this reassessment extension is intended to apply in the TP context, but that the expanded definition of “transaction” used in the TP rules does not apply for purposes of the extended reassessment period. As such, the change in definition of transaction for reassessment purposes is intended to better align the TP rules and the extended three-year reassessment period.

The change to the definition of “transaction” for purposes of the extended reassessment period will apply to taxation periods of taxpayers for which the normal reassessment period ends on or after March 19 2019.

Update on the BEPS project

The budget reiterates that the Canadian government continues to cooperate and actively participate in the OECD project known as the BEPS initiative.

Multilateral instrument

The budget notes that the Canadian government is taking the necessary steps to enact the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) into Canadian law, and to ratify the MLI as needed to bring the tool into force.

Country-by-country reporting

In addition, the budget notes that Canada is currently participating in an OECD review of the information being collected in the country-by-country reports to ensure that they provide tax administrations with information that facilitates accurate assessment for TP and other BEPS risks. This review is scheduled to be completed in 2020

Phil Fortier - Portrait

Phil Fortier

 

anderson.jpg

Tony Anderson





This article was written by Phil Fortier and Tony Anderson of Deloitte LLP in Canada. 

Phil Fortier, Partner
Deloitte LLP
Email: philfortier@deloitte.ca

Tony Anderson, Partner
Deloitte LLP
Email: toanderson@deloitte.ca



© 2019. For information, contact Deloitte Touche Tohmatsu Limited.

This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.

more across site & bottom lb ros

More from across our site

The reported warning follows EY accumulating extra debt to deal with the costs of its failed Project Everest
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
Paul Griggs, the firm’s inbound US senior partner, will reverse a move by the incumbent leader; in other news, RSM has announced its new CEO
The EMEA research period is open until May 31
Luis Coronado suggests companies should embrace technology to assist with TP data reporting, as the ‘big four’ firm unveils a TP survey of over 1,000 professionals
The proposed matrix will help revenue officers track intra-company transactions from multinationals
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
The ‘big four’ firm has threatened to legally pursue those behind the letter, which has been circulating on social media
The guidelines have been established in the wake of multiple tax scandals and controversies that have rocked the accounting profession
KPMG Netherlands’ former head of assurance also received a permanent bar and $150,000 fine; in other news, asset management firm BlackRock lost a $13.5bn UK tax appeal
Gift this article