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Recent Publications - Indirect tax

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.

April 11, 2024 by Diana Cameron

Fair Market Value on CRA appraisals are inclusive of GST/HST for builder‑landlords

A recently obtained Canada Revenue Agency (CRA) internal communiqué ⁠–⁠ dated May 17, 2023states “effective the date of this communiqué, CRA appraisers will report Fair Market Value (FMV) as inclusive of GST/HST.” This is good news for builders, reducing appeals and objections resulting from disputes with the CRA on FMV as it relates to self‑supply of residential complexes.

February 27, 2024 by Sean Grant-Young

2024 British Columbia provincial budget tax highlights

On Feb. 22, 2024, the British Columbia government released its 2024 budget. The following are highlights of the key tax measures.

March 15, 2023

Federal Court of Appeal reaffirms application of anti‑avoidance rule in Foix decision

In Foix v. The King, 2023 FCA 38, the Federal Court of Appeal (FCA) ruled that a distribution of funds following a hybrid sale was subject to the application of subsection 84(2) of the Income Tax Act (ITA), affirming the Tax Court of Canada (TCC) ruling, Foix v. The Queen, 2021 TCC 52.

November 1, 2022 by Kimber Amping

Gratuities and tips – time to revisit payroll practices

Tips are in the news, again! Recently, a restaurant’s tips policy made it all the way to the Federal Court of Appeal to decide whether the service staff tips are subject to Canada Pension Plan (CPP) and Employment Insurance (EI). With customers increasingly tipping electronically, the decision in this appeal is very relevant.

October 25, 2022

To file or not to file – Considerations for late‑filed GST/HST section 156 elections

GST/HST is generally applicable when property and/or services destined exclusively for commercial purposes are supplied by a closely related party who is registered for that tax. To simplify tax accounting and improve cashflow, certain closely related Canadian corporations and partnerships can elect under subsection 156(2) of the Excise Tax Act, via Form RC4616, to treat certain supplies by a closely related person as if they were made without consideration.

July 26, 2022 by Riccardo Zerbino

Voluntary Disclosures Program not to be taken lightly

Our new Tax Alert highlights how past amendments by the Canada Revenue Agency (CRA) to the Voluntary Disclosures Program (VDP), along with recent court decisions, demonstrate the VDP should be used with extra caution. For those seeking immunity from interest and penalties, it is clearer than ever the VDP has become more restrictive, signaling the CRA’s heightened desire to combat tax evasion.

July 20, 2021 by John F. Oakey

Intergenerational transfers with less strings attached (a limited time offer)

Many family-owned businesses have faced higher tax burdens when transitioning their business within their family. This effect has been due, in part, to two anti-avoidance provisions in the Income Tax Act (ITA) that are designed to prevent unapproved transactions deemed abusive by the Department of Finance. Section 55 prevents unapproved, tax-deferred capital gains stripping; section 84.1 prevents unapproved, tax-free surplus stripping. In a nutshell—an oversimplified nutshell—these two complex anti-avoidance provisions recharacterize what should be tax-free transactions into taxable ones.