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Recent Publications - Cross-border and international

Recent Publications

April 16, 2024 by Sean Grant-Young, Rosa Maria Iuliano, Myriam Lesieur, Joseph Belanger

2024 Federal Budget Commentary

The Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, today tabled her fourth budget ⁠–⁠ “Fairness for Every Generation.”

The following is a brief overview of the key tax measures.

January 15, 2024

2024 tax deadline calendar

Navigating the various Canadian and U.S. tax deadlines throughout the year can be tricky. Our 2024 tax deadline calendar provides a monthly snapshot of important dates that could apply to you or your organization. It can help you stay on top of your obligations, discover overlooked deadlines and avoid unwanted surprises.

November 22, 2023 by Rosa Maria Iuliano

2023 Fall Economic Statement: Tax measures

Deputy Prime Minister and Finance Minister Chrystia Freeland delivered the 2023 Fall Economic Statement (FES) in the House of Commons on Tuesday, Nov. 21, 2023.

September 12, 2023 by Mandeep Gaheer

Bring it back – Repatriating profits from Canada to the U.S.

In our latest Tax Alert, we take a look at repatriation planning. Specifically, we examine the most effective tax strategies for a Canadian subsidiary (“CanCo”) to repatriate profits to its U.S. parent corporation (“USCo”).

July 26, 2023 by Mike Hayward, Dean Morris

BT Canada offers recommendations on transfer pricing reform

At Baker Tilly Canada, we are committed to helping ensure fairness and integrity in the Canadian tax system.

As part of this commitment, we are grateful for the opportunity to provide our input on the Department of Finance consultation paper regarding reform and modernization of Canada’s transfer pricing rules.

May 25, 2023 by Dean Morris

Transfer pricing and small‑ to medium‑sized enterprises

Much like large global companies, small‑ to medium‑sized enterprise multinational enterprises (MNEs) may be subject to complex transfer pricing requirements. As governments increasingly seek to protect their tax base, our new Tax Alert focuses on the transfer pricing challenges and considerations facing small‑ to medium‑sized enterprise MNEs.

March 14, 2023 by John F. Oakey

FBAR penalty – A welcomed decision by the Supreme Court

On Feb. 28, 2023, the U.S. Supreme Court ruled in the case of Bittner v. United States1 that the non‑willful penalty for failure to file the Foreign Bank and Financial Accounts (FBAR) report was on a per report basis, not per account basis.

January 18, 2023

2023 tax deadline calendar

With so many Canadian and U.S. tax deadlines spread throughout the year, everyone could use an occasional reminder. Our 2023 tax deadline calendar provides a convenient month‑by‑month summary of key dates that could apply to you. You might even notice a few obligations that slipped your mind. If you don’t like getting caught by surprise, you’ll love our tax deadline calendar.

December 13, 2022 by Shelley Smith

Borders without (tax) boundaries – Navigating U.S. returns in a cross‑border setting

United States citizens and Green Card holders are both considered U.S. persons, regardless of where they live. U.S. persons living outside the U.S. (such as in Canada) must continue to file U.S. tax returns annually, even if they have no income from the United States. For such individuals, there are mechanisms to avoid or reduce U.S. tax exposure and, in many cases, end up owing no U.S. tax at all. Still, failure to file returns, related forms and certain foreign information reporting can result in significant penalties.

November 30, 2022 by Mandeep Gaheer

Addressing the proposed EIFEL rules

On Feb. 4, 2022, the Department of Finance (Finance) introduced draft legislation relating to Excessive Interest and Financing Expenses Limitation (EIFEL) rules, which implement the recommendations in Action 4 of the Organisation for Economic Co-operation and Development’s Base Erosion and Profit Shifting (BEPS) project.

May 4, 2022 by Deepak Upadhyaya

Bored monkey or business model? Finding the commercial value in NFTs

Non-fungible tokens – NFTs – are quickly shifting from a buzzword to business model, according to Deepak Upadhyaya, Digital Technology and Risk practice leader for Baker Tilly Canada. Still, there are key considerations that must be addressed by brands seeking to effectively capitalize on this digital asset.

April 26, 2022 by Mandeep Gaheer, Hassanatu Timbo

Budget 2022: Adapting international tax measures

Canada is one of 137 members of the Organization for Economic Cooperation and Development (OECD) that have joined the two-pillar plan for international tax reform. Budget 2022 reiterates the government’s commitment to address the challenges arising from the digitalization of the economy, and to work towards implementing both Pillar One and Two.

November 19, 2021 by Shaun Andresen

A streamlined procedure does not clear a GILTI conscience

In December 2017, President Trump signed the Tax Cuts and Jobs Act (TCJA) into law. The TCJA made significant amendments to the Internal Revenue Code (IRC). Among them was the introduction of a transition tax under IRC section 965—a tax on accumulated earnings of certain foreign corporations in the hands of U.S. shareholders. This new tax marked a transition to taxing the active income of foreign corporations.

June 7, 2021 by Eric Gagnon

A hot housing market and a change in use equals tax with no cash. But there is a solution.

Most Canadians know that selling their home normally will not result in income tax thanks to the principal residence exemption (PRE). Unfortunately, people tend to extend this "knowledge" into a feeling that they need never worry about tax when dealing with their principal residence.

December 10, 2020 by Sameer Noormohamed

Infographic: Shining a light on indirect tax

Indirect taxes are highly complex and often overlooked. Since they can be imposed by major tax jurisdictions at practically any stage of production and distribution, they must be managed and monitored vigilantly. If ignored or dismissed, they can result in exposure and exact a heavy toll on your company’s overall operations, cash flow and profitability.

September 17, 2020 by Sean Kelly

“Show me your papers, please”: zero-rated supplies of exported goods

The Excise Tax Act provides that generally, the supply of goods made in Canada is taxable for GST/HST purposes, and it is the responsibility of the supplier to collect the applicable GST/HST on taxable supplies.

March 13, 2020 by Trevor Reid

IRS provides relief for U.S. citizens & residents with certain Canadian registered savings accounts

U.S. citizens and residents who own foreign trusts are often caught by the rules of the Internal Revenue Code section 6048, which requires those individuals to report transactions with, or ownership of, foreign trusts. This information is reported on Forms 3520 and 3520-A. Non-compliance with these laws comes with steep penalties starting at $10,000 per missed filing.

March 10, 2020 by John F. Oakey

U.S. citizens beware – IRS wants to know about your virtual currency

The U.S. government, along with most governments, has invested resources in understanding cryptocurrency and is developing policies to deal with virtual currency. As of today, Bitcoin still remains the most invested virtual currency on the market with a market cap of approximately $200 billion.