Canada's tax professionals agree that the country's tax authority is becoming more aggressive, and more sophisticated and scientific in its approach to auditing. "But this is in line with what's going on around the world," said Luc Bernier, tax leader ...
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Canada's tax professionals agree that the country's tax authority is becoming more aggressive, and more sophisticated and scientific in its approach to auditing. "But this is in line with what's going on around the world," said Luc Bernier, tax leader of Stikeman Elliott's Montreal practice.
And just like many other countries around the world, the Canadian government is seeking to broaden its tax revenue base, increase transparency and limit the movement of funds offshore.
"Canada does not like multinationals holding subsidiaries through their Canadian subsidiary," said Ed Kroft, head of Blake, Cassels & Graydon's tax controversy and litigation group.
"There has been an increase in cross-border disputes," Kroft said, as well as an increase in disputes related to abusive tax avoidance.
The government is trying to address these issues, not just through audits, but also through legislation.
"The [2012] federal budget which was passed on March 29, included an anti-dumping proposal with a view to ensure that Canada is not being base eroded and leveraged," said Ernst & Young's international tax leader George Guedikian.
The Joint Committee on Taxation of the Canadian Bar Association and the Canadian Institute of Chartered Accountants has called on the government to revise the foreign affiliate dumping proposals so that the country's tax base is protected but not at the expense of cross-border trade and investment.
"In particular, we believe that these proposals should not affect transactions that are not materially driven by Canadian tax considerations and thus do not materially erode the Canadian tax base; should be simplified and clarified in numerous respects, including through the introduction of certain appropriate 'bright-line' exceptions; and should not result in double or otherwise inordinate taxation," the joint committee said in a report submitted to the Department of Finance in June 2012.
Another market trend is an uptick in M&A activity. Michael Friedman, McMillan's tax leader in Toronto, attributes this to the Canadian economy picking up speed and stronger consumer confidence. Still, the volume and size of transactions are not what they were before the 2008 financial crisis.
"There has been a consistent flow of reasonably-sized deals as opposed to the mega deals of the past. This could be due in part to credit difficulties and the economy adjusting itself back to normal," he said. "The global economy tends to re-calibrate itself."
Canada has certainly seen sizeable examples of inbound investment in its energy and natural resources sectors. China's state-owned oil company CNOOC bid $15.1 billion for energy company Nexen; another Chinese company, Sinopec has bid for a 49% stake in Canadian energy company Talisman; PetroChina acquired the remaining 40% it did not already own in the Athabasca Oil Sands Corp's McKay River project.
Japan has also shown interest in Canada's natural resources. In April 2012, Japan's Toyota Tsusho bought a stake in a heritage coal bed methane field from Encana.
"The C$602 million deal was the second in as many months struck between the Calgary company and Japanese interests, as the Pan-Asian nation scurries to secure energy resources following the forced shutdown of most of its massive nuclear power plants," McCarthy Tétrault, who advised the Japanese company, said in a statement.
"One of the themes currently prevailing in Canada is inbound investment in the western part of the country. As a result, Saskatchewan has seen robust growth," Deloitte's national tax practice leader Heather Evans, said.
"It will also be interesting to see what happens in Alberta, given the energy and the amount of M&A activity, which is fuelling Canada's growth. We're hoping this growth will return to Ontario and Quebec," she added.
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