Category: Tax

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Federal Court of Appeal Affirms Common Interest Privilege in Deal Context

March 8, 2018

On March 6, 2018, the Federal Court of Appeal (Court) released its reasons in Iggillis Holdings Inc. v. Canada (National Revenue) confirming common interest privilege as a valid exception to waiver in non-litigious circumstances. More specifically, in certain circumstances, parties with a common interest in the completion of a commercial transaction can share privileged legal advice with each other, on…

2018 Federal Budget: Excise Tax on Cannabis

March 2, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget), which looks to implement the excise duty framework for cannabis that was proposed in November 2017 (see our November 2017 Blakes Bulletin: Federal Government Proposes Excise Duties for Cannabis Producers). The duty will generally apply to all products available for legal purchase, which at the outset…

2018 Federal Budget: Selected Tax Measures

February 28, 2018

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget). The 2018 Budget includes measures affecting the taxation of passive income earned by private corporations, as was expected, although the changes are not as wide-spread as had been previously suggested. In addition, the 2018 Budget includes a mix of targeted anti-avoidance rules, legislative responses to…

Duties on Transfers of Immovables in Quebec: Department of Finance Exempts Partnerships

January 11, 2018

On December 20, 2017, the Quebec Department of Finance published its end-of-year bulletin, Information Bulletin 2017-14 (Bulletin). Among the measures announced by the Department of Finance was the introduction of an exemption from the payment of duties on transfers of immovables for partnerships. As a result, transfers of immovables made after December 20, 2017 that involve a partnership may be…

Federal Government Proposes Excise Duties for Cannabis Producers

November 13, 2017

On November 10, 2017, the federal department of finance issued long-awaited legislative and regulatory proposals for the taxation of cannabis. Effectively, the proposed rules will place cannabis producers within the existing rules that currently apply excise duties on tobacco, wine and spirits producers under the Excise Act, 2001 (Canada) (Act), with modifications as applicable. These rules include a new tax…

Cross-Border Incentive Plans: One Size Does Not Fit All

October 26, 2017

To recruit and retain highly skilled and experienced executives, companies must offer innovative and attractive compensation packages. Variable compensation is an increasingly important element of overall remuneration as businesses seek to link remuneration to performance over both the short and long term.

Quebec Transfer Duties on Immovables: Recent Developments

September 25, 2017

The Quebec Minister of Finance presented the budget speech for the 2016–2017 financial year on March 17, 2016 (2016–2017 Budget), which modified the system of duties on transfers of immovables (please see our March 2016 Blakes Bulletin: Significant Proposals to Duties on Transfers of Immovables). These amendments were integrated into Bill 112, which was introduced on November 15, 2016, and assented to…

CETA Now In Force: Are You Maximizing the Benefits?

September 21, 2017

On September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) comes into force on a provisional basis. If they haven’t already done so, it is now time for Canadian businesses to take steps to ensure that they are prepared to take advantage of the tremendous opportunities presented by the CETA. HOW TO BENEFIT FROM CETA Following are…

Finance Canada Seeks Comments on New Tax Proposals Regarding Investment Limited Partnership Rules

September 13, 2017

On September 8, 2017, Canada’s Department of Finance released draft legislation to amend the Excise Tax Act (Canada) with regards to “Investment Limited Partnerships”, and is accepting comments until October 10, 2017. If implemented, the suggested changes will result in certain limited partnerships being required to pay Goods and Services Tax/Harmonized Sales Tax (GST/HST) on management and administrative services provided…

Ontario Introduces a 15 Per Cent Non-Resident Speculation Tax on Certain Real Estate

April 25, 2017

On April 20, 2017, the Ontario government announced that it is imposing a 15 per cent non-resident speculation tax (NRST) on the purchase or acquisition of interests in residential property located in the Greater Golden Horseshoe (GGH). The GGH incorporates the greater Toronto area, including Toronto itself as well as Brant, Dufferin, Durham, Haldimand, Halton, Hamilton, Kawartha Lakes, Niagara, Northumberland,…

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