Articles 2023

The author provides a high-level overview of the new TOSI rules and considers potential problems that might arise, particularly for the owner-manager of a small to medium size business.

The author discusses important changes to the limited partnership at-risk-amount rules in response to the FCA’s decision in Green.

In two recent decisions, Harvey v. The Queen, 2018 TCC 67 and Ashworth v. The Queen, 2018 TCC 76, the Tax Court of Canada addressed issues of consideration and valuation in the context of non-arm's length transfers by tax debtors, demonstrating the importance of expert valuation and documentation.

In this article the author highlights the proposal in the 2018 Federal Budget to increase reporting requirements for trusts and the penalties for failure to comply.

This article responds to a recent outcry over the CRA’s policy to tax employee discounts for merchandise, tracking the relevant jurisprudence and showing that in this case the CRA policy conforms to the law as determined by the Courts

In Canada v Green, the Federal Court of Appeal affirmed the Tax Court of Canada's decision and rejected the long-standing position of the Canada Revenue Agency regarding the use of limited partnership losses in tiered limited partnership structures.

The Tax Court of Canada confirms its willingness to apply the general anti-avoidance rule to surplus stripping transactions which circumvent the application of section 84.1. Benjamin Mann reviews the recent decision in 1245989 Alberta Ltd. v. The Queen.

Proposed amendments to the Excise Tax Act may have a number of implications for investment funds and their managers. Jamie Wilks and Jonathan Bright describe and explain the proposals, while discussing some potentially significant consequences for hedge funds, mutual funds, and similar investment vehicles.

On September 8, 2017, the Department of Finance re-released proposed changes to billed-based accounting for professionals for taxation years beginning after March 21, 2017. The article reviews the proposed amendments and transitional rules.