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General
Principles

Doing Business With
& In Canada

Canadian
Subsidiaries

Payments
From Canada

Acquiring a
Canadian Business

Exit From
Canada

Tax
Treaties

Tax Compliance,
Reporting & Controversy

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General Principles

1. General Tax Framework

The Income Tax Act (Canada) – Overview

2. Legal Entities & Relationships

Corporations
Partnerships
Trusts
Joint Ventures

3. Residence for Canadian Tax Purposes

Residence for Canadian Tax Purposes: Natural Persons
Residence for Canadian Tax Purposes: Corporations and Trusts

4. Income Tax - Overview

Income Tax – Capital Versus Income

Income Tax – Canadian Residents
Income Tax – Non-Residents of Canada

Doing Business With & In Canada

1. Carrying on Business in Canada

General Principles
Deeming Rules
Agents

2. Permanent Establishment in Canada

Fixed Place of Business
Dependant Agents Concluding Contracts
Services PEs: Article V(9) of the Canada-U.S. Treaty
Exception for Prescribed, Preparatory and Auxiliary Activities
Using Canadian Corporations for In-Canada Activities

3. Sending Employees to Canada

Employee Taxation
Employer Obligations

4. Regulation 105 Withholding

5. Sales Tax

Carrying on Business in Canada
Permanent Establishment in Canada
GST Registration
GST on Importation of Goods and Services
GST on Purchases in Canada

Canadian Subsidiaries

1. Creating and Capitalizing a Canadian Subsidiary

Creating a Canadian Corporation
Provincial Taxation and Permanent Establishments
Paid-up Capital
Types of Canadian-Resident Corporations

2. Interest Deductibility

Interest Deductibility Generally
Thin Capitalization

Other Limitations

3. Capital Cost Allowance

CCA Generally
How the CCA System Works: Some Examples

4. Transfer Pricing

s. 247(2)
Penalties
Other

5. Losses

Types and Use of Losses
When are Losses Recognized?
Loss Transfers

6. Foreign Affiliate Dumping (FAD) Rules

When Applicable
Exceptions
Consequences

7. Foreign Exchange Issues

Characterization: Income or Capital
Recognition/Timing

8. Intangibles

Acquisition and Development Costs

9. Scientific Research & Experimental Development

What Constitutes SR&ED?
Deduction for Qualifying SR&ED Expenditures
SR&ED Investment Tax Credits

10. Mergers and Divisive Reorganizations

Amalgamations & Windups
Divisive Reorganizations: “Butterfly” Transactions
Divisive Reorganizations: Taxable Spin-outs

Payments From Canada

1. Part XIII Withholding

General Principles

Dividends
Interest
Rents and Royalties
Management and Administration Fees
Other Payments
Back-to-Back Loan & Character Substitution Rules

2. Loans

3. Repatriation from Canadian Subsidiaries

4. Regulation 105 Withholding

General Principles
Administration and Waiver

Acquiring a Canadian Business

Exit From Canada

1. Taxation of Capital Gains

The Income Tax Act

Tax Treaties & Capital Gains

    2. s. 116 Compliance

    Vendor Notification
    Purchaser Remittance
    Vendor Tax Return Filing

    3. Emigration

    Tax Treaties

    1. Canada’s Tax Treaties

    Role of Tax Treaties
    The Multilateral Instrument (MLI)

    2. Treaty Interpretation in Canada

    Income Tax Conventions Interpretation Act
    OECD Model Treaty and Explanation
    Other extrinsic aids

    3. Claiming Treaty Benefits

    Fiscal Residence
    Beneficial Ownership
    Treaty Shopping
    MLI: new PPT test
    CRA Forms NR301, NR302 and NR303

    4. The Canada-U.S. Tax Treaty

    Technical Explanation
    Limitation on Benefits (LOB)
    Corporate Residency Tie-Breaker Rule
    Interest Withholding Tax
    Services PE
    Hybrids: LLCs and ULCs
    Annexes

    Tax Compliance Reporting Controversy

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