Canada: Canadian 2014 Budget: A Focus on base erosion and profit shifting

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: Canadian 2014 Budget: A Focus on base erosion and profit shifting

jamal.jpg

maclagan.jpg

Soraya M Jamal


Bill Maclagan

Canada's 2014 budget gives a clear indication of the Canadian government's desire to address perceived limitations in, and abuses of, Canada's international tax system. In particular, Budget 2014 contains a number of measures which further Canada's "ongoing efforts to protect the Canadian tax base and ensure tax fairness". While the proposed measures align with the OECD's base erosion and profit shifting initiatives, the government has reaffirmed its intention to retain an internationally competitive tax system.

Treaty shopping

Following a short period public consultation, Budget 2014 announced that the Canadian government proposes to adopt a domestic rule to prevent treaty shopping which would apply to all Canadian tax treaties.

The proposed rule would permit the Canadian government to deny a treaty-based benefit if one of the main purposes for undertaking a relevant transaction was to obtain that benefit. It would be presumed that the main purpose test would be satisfied if the relevant treaty income was primarily used to pay an amount to a person who would not have been entitled to an equivalent or more favourable treaty benefit had the person received that income directly. As a relieving measure, it is proposed that the treaty-benefit may be provided to the extent reasonable in the circumstances. A safe harbour would apply in certain circumstances such as where the relevant treaty income is received as a result of substantial active business activities carried on in the relevant treaty jurisdiction.

The government has initiated a public consultation in respect of these proposals. The consultation outcome, along with the OECD's upcoming BEPS recommendations, will be relevant in determining Canada's approach to treaty shopping. While it is unclear if the proposals will be implemented, existing cross-border arrangements should be examined as Budget 2014 contains no indication that transitional relief will be provided to such arrangements.

Tax planning by multinational enterprises

Budget 2014 also announced a public consultation on issues relating to international tax planning by multinational enterprises. The consultation concentrates on five questions which consider the impact of tax planning by multinationals and the government's role in respect thereof.

Additionally, public input is being sought on the effective collection of sales tax on e-commerce sales by foreign-based vendors. In particular, consideration is being given to whether foreign-based vendors should be required to register with Canadian tax authorities and charge sale tax on e-commerce sales to Canadians.

Soraya M Jamal (soraya.jamal@blakes.com) and Bill Maclagan (bill.maclagan@blakes.com)

Blake, Cassels & Graydon

Tel: +1 604 631 3300 Fax: +1 604 631 3309

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article