Volume 18, No. 3 - July/Juillet 2008

In this Issue:

• The Uncertain Scope of the New Services Permanent Establishment in the Fifth Protocol
• The Queen v. MacKay et al.
• Treaty Shopping Update
• Due Diligence in Director's Liability Cases: An Analysis of Recent Case Law
• Court Denies Rectification to Restore CCPC Status
• Application of GAAR to Deduction of Terminal Loss in Landrus
• Canada's NRT Rules May Catch Foreign Commercial Trusts with Canadian Investors

Volume 18, No. 2 - April/Avril 2008

In this Issue:

• Canada Eliminates Withholding Tax on Interest on Arm's-length Debt
• Dow Chemical, Gaps and GAAR
• Deductibility of Stock Option Surrender Payments in Imperial Tobacco
• Suspended Loss Rules Inapplicable Following Amalgamation
• Gone Fishing: Subsection 231-2(3) Hooks the Anonymous Tax Evader
• Interview with Associate Chief Justice Gerald Rip
• Upcoming Program
• Section Executive 2007-2008

Volume 18, No. 1 - December/Décembre 2007

In this Issue:

• Tower Structures — New Rules and Unwind Issues
• Treaty Update
• The Supreme Court of Canada Rejects Ministerial Delay as a Ground for Judicial Review of Section 160 Assessments
• Alternative Bases for Reassessment and Waivers: Honeywell Limited v. The Queen
• Tenaska: No "Importation" of Natural Gas
• McLarty v. The Queen
• Guidance on Deductible Maintenance Costs: Atco Electric Ltd. v. The Queen
• Upcoming Program
• 2008 OBA Institute of Continuing Legal Education
• Newsletters Now Electronic: Message from the Chair of Sections
• National Pro Bono Mentorship Program / Le programme national de mentorat pro bono
• Section Executive 2007-2008

Volume 17, No. 3 - April/Avril 2007

In this Issue:

• Recovery of Unconstitutional Taxes: Kingstreet Investments
• An Allocation Solution? Draft Legislation Imposing an Input Tax Credit Allocation Methodology for Financial Institutions
• The Alcatel Legacy: Further Revisions to Proposed Section 143.3
• The Proposed Restrictive Covenant Rules: An Update
• Respecting the Limits of Limitation Periods: The Queen v. Honeywell Limited
• Tax Court Allows the Benefits of Rectification: General Motors of Canada Ltd. v. the Queen
• Withholding Tax on Services Rendered in Canada: Weyerhaeuser Company Limited v. The Queen
• Surplus Stripping and GAAR in McMullen v. R., 2007 TCC 16
• Section Executive 2006-2007

Volume 17, No. 2 - February/Février 2007

In this Issue:

• Sorting Our SIFTs: Draft Legislation Implementing New Tax on Publicly-Traded Trusts and Partnerships
• The Supreme Court of Canada's Decision Taken Out of Context: A Case Comment on Imperial Oil Ltd. v. Canada
• Discretionary Trusts and the FIE Rules
• Share Warrant Considerations - A Case Comment on Henley v. The Queen
• Moving the Goalposts - Is the CRA Relaxing Its Stance on Interest Withholding?
• Tax Court Denies Cash Donation to Tax Shelter Arrangement
• Limitations on Claiming Input Tax Credits: British Columbia Transit v. The Queen
• Minister of National Revenue v. Redeemer Foundation - A Case Comment
• Dangling the Tax Incentive Carrot to Encourage Participation in Fitness Programs: What is the Healthiest Approach?
• Meaning of "Full Voting Rights" Under Part IV
• Section Executive 2006-2007

Volume 17, No. 1 - November/Novembre 2006

In this Issue:

• An Update on Treaty Shopping: MIL (Investments) S.A. v. The Queen
• Understanding the Proposed Dividend Tax Regime
• Payments to Specialized Placement Agencies for SR&ED
• Share Warrant Considerations - A Case Comment on Henley v. The Queen
• Quebec's General Anti-Avoidance Rule Applies to the "Quebec Shuffle" - A Case Comment on OGT Holdings Ltd. v. Quebec (Deputy Minister of Revenue)
• Ford Credit Canada Limited v. The Queen - A Case Comment
• Transfer Pricing - Avoiding Double Taxation, Managing Risks and the Proposed US Service Regulations
• Current Federal Tax Legislation Tracking October 25, 2006
• Section Executive 2006-2007

Volume 16, No. 3 - June/Juin 2006

In this Issue:

• Mutual Fund Reorganizations: In Search of the Perfect Conduit
• Tax Shelter Application Form Requires Full Disclosure and Targets Tax Advisers
• Norma Maege - A Case Comment
• Computer Software Services: A Review of Provincial Sales Tax Issues
• Indofood Case Overturned - "Beneficial Owner" Test Revived
• Another GAAR Decision: Claude Desmarais v. The Queen
• A Matter of Intention: Case Comment on The Royal Winnipeg Ballet v. The Minister of National Revenue
• Global Video Inc. Gets No Credit
• Current Federal Tax Legislation Tracking
• Section Executive 2005-2006

Volume 16, No. 2 - April/Avril 2006

In this Issue:

• The Supremes Have Spoken: Some Musings on the GAAR
• Income Trust Solution May Fall Short: Government Needs to Give Taxpayers More Credit
• Ontario Tax Appeals: Is there a Better Way?
• Proposed GST/HST Amendments: Financial Services Sector
• The November 17, 2005 Notice of Ways and Means Motion - An Appropriate Response to Alcatel?
• Canadian Withholding Tax on Loans between Non-Residents
• The Business of Franchising - A Case Comment on Excell Duct Cleaning Inc. v. The Queen
• Scott Slipp Nissan Ltd. v. Canada (Attorney General
• Case Comment: Harry Richert v. Stewards'Charitable Foundation
• Section Executive 2005-2006

Volume 16, No. 1 - November/Novembre 2005

In this Issue:

• CRA Outlines Views on Paragraph 95(6)(b)
• The Broad Reach of the New Restrictive Covenant Provisions
• Defaults and Triggers under 212(1)(b)(vii)
• Restrictions to Charitable and Political Donations - Redux
• A Square Peg Does Not Fit into a Round Hole: A Case Comment on Rezek et al. v. The Queen
• Hammill v. The Queen
• Hawkins Taxidermists
• Off to the Races or Hold Your Horses? Ross v. Canada
• U.S. and Canadian Tax Consequences for U.S. Citizens Living in Canada
• Current Federal Tax Legislation Tracking - October 24, 2005
• Section Executive 2005-2006

Volume 15, No. 3 - May/Mai 2005

In this Issue:

• Alberta Unlimited Liability Corporations Are on the Way
• ECJ Advocate General Delivers Opinion in Marks & Spencer
• Servicing of Securitized Mortgages Exempt from GST: Canada Trustco Mortgage Company v. The Queen
• On the Hook: Directors Liability for Corporate Tax Transgressions
• A Comment on Subsection 51(1) and the Application of Subsection 116(5)
• Expanding the Scope of the Surrogatum Principle: Tsiaprailis v. The Queen
• Case Comment: The Federal Court of Appeal Decision in The Queen v. Bulk Transfer Systems Inc.

Volume 15, No. 2 - March/Mars 2005

In this Issue:

• Barclays Mercantile - A Case Comment
• R. v. Holden - Case Commentary on the Recent UK Case and its Impact upon Residency Requirements
• Foreign Exchange Losses Deductible Under Paragraph 20(1)(f)
• Changes to Labour Sponsored Investment Funds ... A Work in Progress
• Trom Electric Co. Ltd. v. The Queen
• Access to Information - Ask and you shall receive ... maybe!
• When Voluntary Disclosures Don't Make "Cents" (An Economic Critique)
• Tax Protestors See the Light
• Repatriation Under the American Jobs Creation Act of 2004 - The Canadian CFC's Perspective
• Current Federal Tax Legislaton Tracking

Volume 15, No. 1 - October/Octobre 2004

In this Issue:

• Transocean Offshore Limited v. The Queen
• 2004 Budget Proposals: Restrictions on Investment in Income Trusts by Pension Funds
• Normal Course Dividends Part of a Series of Transactions
• Ontario Issues Draft Regulations to Modernize RST Related Party Rules, and Transfers of Assets between Related Corporations and Partnerships
• Voluntary Disclosure Programs: Recent Trends and Developments
• New Legislative Regime for Charities
• The Canadian Securities Election under Subsection 39(4) and the Sandnes Case
• A Problem with Using Accounting Fiscal Periods for GST Reporting
• Current Tax Legislation Tracking

Volume 14, No. 3 - May/Mai 2004

In this Issue:

• Deductibility of Interest on Share Redemption: Measure of Contributed Capital
• Securities Lending Rules - Round '04
• Legislative Proposals on the Taxation of Non-Resident Trusts and Foreign Investment Entities
• Further Restrictions to Charitable Donation Tax Shelters
• Restrictive Covenants: An Update
• Derivative Taxation: The Canadian and U.S. Approaches - Proposed U.S. Regulations
• BJ Services: Take it and deduct it!
• Case Comment: Ellis Vision Inc. v. The Queen
• Gifford: A Decision of Interest
• Appeal of The Queen v. Canada Trustco Mortgage Company Dismissed
• Reasonable Expectation of Profit (REOP) in the GST Context
• Ontario RSTA in need of Greater Flexibility for Late-Filed RST Appeals
• Current Tax Legislation Tracking
• Editor's Note

Volume 14, No. 2 - November/Novembre 2003

In this Issue:

• Hayes: The Square Peg of Financial Innovation
  
• Ordinary Course Dividends Not Part of Series of Transactions: Canutilities Holdings Ltd. and Canadian Utilities Limited v. The Queen
• Phantom Income is Safe, and the ITA is None-the-Heavier
  
• Proposal to Amend the Income Tax Act to Deal with Non-Competes
  
• De Facto Control: Recent Cases of Interest
  
• Recent Jurisprudence Regarding GST Treatment of "Financial Services"
  
• The OECD, Profit Attribution and Permanent Establishments - Is it Really a Step Forward?
  
• Proposed Amendments to the Income Tax Act Relating to Gifts
  
• Current Tax Legislation Tracking

Volume 14, No. 1 - August/Aout 2003

In this Issue:

• Recent Technical Interpretation on FIEs and Derivatives
  
• Canadian and U.S. Competent Authorities - Will They Agree?
  
• Interest: Where Now, For How Long, What Next?
  
• CBA - CCRA Annual Commodity Tax Meeting
  
• Waiver of the Limitation Period for Assessments Under the Ontario Retail Sales Tax Act
• GAAR Update
  
• Avoidance Transaction is not a Dirty Word (or a Series of Dirty Words)!
  
• Dividends - Cash or Accrual?
  
• CCRA Suffers Imperial Inconvenience
  
• The Perils of Tardiness
  
• Current Tax Legislation Tracking
  

Volume 13, No. 4 - May/Mai 2003

In this Issue:

• Taxation of Non-Competition Payments
  
• Winds of Change
  
• Securities Lending Arrangements
  
• A Duel of Dual Interpretations
  
• Professional Corporations
  
• Costing Nothing to Put a Twinkle in Someone's Eye
  
• Tax Consequences of the Loss of Mutual Fund Trust Status
  
• Dissent Rights in M&A and Reorganization Transactions
  
• The European Union VAT and E-Commerce Directive
  
• Current Tax Legislation Tracking
  

Volume 13, No. 3 - March/Mars 2003

In this Issue:

• Technical Bill Amendments Affecting Foreign Affiliate Share Transfers
  
• Amendments to Part X11.2
  
• Teleglobe Inc. v. Her Majesty The Queen
• Seeking a Safe Exit
  
• God, Ministerial Assumptions and Paragraph 8(1)(c)
  
• Toronto Refiners and Smelters Limited v. The Queen
• Tax Consequences of the Loss of Mutual Fund Trust Status
  
• Hello? Hello? (Ontario Gets RST Wake-Up Call; Taxpayer Gets Extension to File Appeal)
  
• Current Tax Legislation Tracking
  

Volume 13, No. 2 - November 2002

In this Issue:

• CCRA's Position on Interest Deductibility
  
• Imperial Oil: Application of GAAR to Large Corporations Tax
  
• Collateral Damage: GST and Income Taxation of Settlements and Release Payments
  
• Gifford Case Comment
  
• Costs of an Aborted Share Sale - "Something from Nothing"
  
• Subsection 163(2): No Tax ? No Penalty
  
• Draft Software and Related Services Legislation
  
• Current Tax Legislation Tracking
  
• Upcoming CLE Program
  

Volume 13, No. 1 - September 2002

In this Issue:

• Poison Pills
  
• Supreme Court Rules on Reasonable Expectation of Profit
  
• Thin Capitalization Rules & Timing of Debt/Equity Investments in Canadian Subsidiaries
  
• Case Comment: Blue Mountain Resorts Limited v. The Queen
• Tax Legislation Update
  
• Tax Consequences of Certain Transfers of Ownership of a Life Insurance Policy
  
• Goods and Services Tax Treatment of Government Subsidies
  
• Subsection 256(5.1) and De Facto Control
  
• When Can a Vendor Collect RST from a Purchaser?
  
• Big Comfy Corp. v. Her Majesty The Queen

Volume 12, No. 4 - May 2002

In this Issue:

• Case Comment: Her Majesty The Queen v. Citibank Canada
• The Structuring of Income Funds
  
• Corporate Repurchase of Shares is an Acquisition of Property
  
• Withholding Tax on Loans from Schedule III Banks
  
• Case Comment: Manrell
• Case Update: Constitutional Limits on CCRA's Powers of Search and Seizure
  
• Getting It All Right in the Notice of Objections
  
• CBA Provides Comments on GST/HST E-Commerce Paper
  
• Section 115.2: Update
  

Volume 12, No. 3 - March 2002

In this Issue:

• Regulation 105
  
• Commodity Tax Implications of Outsourcing
  
• Trusts Provide Probate Planning Opportunities for Seniors
  
• Case Comment
  
• Romkey Revisited
  
• Practice Note
  
• When is the "date of issue" of an amended obligation for purposes of subparagraph 212(1)(b)(vii)?
  
• Budget Targets Venture Capital Funds
  
• Ontario Tax Cases
  
• Tax Section Online Discussion Forum
  

Volume 12, No. 2 - November 2001

In this Issue:

• Singleton v. Canada and Ludco Enterprises Ltd. v. Candad
  
• Revisiting the Issue of De Jure Control: Silicon Graphics Limited v. The Queen
  
• Legislative Update
  
• A Lease is (Almost Always) a Lease
  
• GST, Deemed Trusts & Directors' Liability: Time for Some Adjustments
  
• Commodity Tax Implications of Outsourcing
  
• When is Debt Foreign Property?
  
• Notice to Tax Litigators
  

Voume 12, No. 1 - August 2001

In this Issue:

• The Revised Foreign Investment Entity Rules
  
• Donohue: GAAR Revisited
  
• Fredette and Rousseau-Houle: Has CP Been Derailed?
  
• Limitation Periods and Statutory Collection Procedures
  
• Rectification Orders - A Means of avoiding Adverse Tax Consequences?
  
• Supreme Court of Canada Issues Major Customs Law Decision
  
• Tipping the Balance Towards Accounting Pricinples
  
• Notice to Tax Litigators
  

Volume 11, No. 3 - May 2001

In this Issue:

• The Small Business Investment Deferral Incentive: Additional Measures
  
• Update on the Tax Implications of Foreign Bank Branch Conversion
  
• Directors' Liability — The Scope May Be Broader Than You Think!
  
• Revisiting Accepted Wisdom: Gifford v. The Queen
  
• No New Ontario Taxes
  
• No Allocation of Employees Among Co-Owners for Purpose of Small Business Deduction
  
• Section 115.2 — Protection for More Than Just Non-Resident Investment Funds
  
• Taxation Law Section Executive 2000-2001