Events

69Th ANNUAL TAX CONFERENCE (2017)


METRO TORONTO CONVENTION CENTRE | NORTH BUILDING | 255 FRONT STREET WEST, TORONTO


Online registrations are now closed. Please contact us at conferences@ctf.ca for any inquiries.
The Conference will be located in the North Building of the Metro Toronto Convention Centre. Street level entrance is at 255 Front Street West.  The registration desk will be located on the Lower Level of the North building in Hall 107. Please click here to view a map of the conference centre.


Pre-registered delegates can access materials here

Plenary Sessions (Sunday)

SUNDAY, NOVEMBER 19
9:00 am - 
12:00 pm

Extracurricular workshops offered on Sunday morning require an additional registration fee. They are not included in the conference registration. Click on the link above and book early! Attendance is limited.

Workshop A: "Practice Management for Tax Professionals"  is pending approval for 3.0 hours of professionalism content.
 
12:00 pm -
1:00 pm 
Registration and Lunch | HALL 107 (NORTH BUILDING)
 
OPENING SESSION | JOHN BASSETT THEATRE
1:00 pm - 
1:45 pm
Annual General Meeting

Welcome Address
Heather L. Evans,
Executive Director and CEO, Canadian Tax Foundation

Opening Remarks
F. Brent Perry, 
QC, Partner, Felesky Flynn LLP, Calgary, Chair, Canadian Tax Foundation
PLENARY SESSION
Chair:   F. Brent Perry, QC, Partner, Felesky Flynn LLP, Calgary, Chair, Canadian Tax Foundation
1:45 pm - 
2:40 pm
Keynote Address: Canada in a Rapidly Changing World

Robert Stack, Deloitte Tax LLP, Washington

2:40 pm -
3:35 pm
Canadian Competitiveness

Brian Arnold, Canadian Tax Foundation, London
Robert Couzin, Toronto

3:35 pm -
4:05 pm 
Refreshment Break | HALL 107 (NORTH BUILDING)
Sponsored by: KPMG LLP
4:05 pm -
5:20 pm
Current Cases

A panel of experts with diverse backgrounds will discuss the impact and future applications of the legal principles that have emerged from recently decided cases, from the perspective of both taxpayers and tax authorities.

Daniel Bourgeois, Department of Justice, Ottawa
Cheryl Gibson,
 QC, FCPA, FCA, Dentons Canada LLP, Edmonton
Martha MacDonald, Torys LLP, Toronto

5:20 pm -
5:30 pm 

Questions
5:30 pm -
8:00 pm 
Opening Night Reception | HALL 105 (NORTH BUILDING)
Hosted by: Dentons Canada LLP

CONCURRENT SESSIONS

MONDAY, NOVEMBER 20

STREAMS

CORPORATE TAXATION
JOHN BASSETT THEATRE
INTERNATIONAL TAXATION
HALL 105 (NORTH BUILDING)
OTHER SPECIALIST AREAS
HALL 104 (NORTH BUILDING)
7:00 am -
8:00 am
BREAKFAST | HALL 106 (NORTH BUILDING)
Hosted by: PricewaterhouseCoopers LLP

8:00 am -
9:00 am

Subsection 55(2), Surplus Stripping and Capitalizing Safe Income

The Multilateral Instrument: A Canadian Perspective

Challenges of a Changing Tax Landscape

9:00 am -
10:00 am

Recent Transactions of Interest
 
The Multilateral Instrument: International Perspectives
 
Defining Unacceptable Tax Avoidance

10:00 am-
10:10 am
Questions Questions Questions
10:10 am-
10:40 am
REFRESHMENT BREAK | HALL 107 (NORTH BUILDING)
Sponsored by: Blake, Cassels & Graydon LLP
10:40 am-
11:20 am
Canadian Business Vehicles - Nuances Across Jurisdictions


Canada’s Foreign Exchange Regime: Where are we and where do we need to be?
Trust Issues Update
11:20 am-
12:00 pm
Issues and Traps with the REIT Rules

PE Investment in Canadian Companies

Foreign Trusts
12:00 pm-
12:15 pm
Questions Questions Questions
12:15 pm-
2:00 pm
LUNCH | HALL 106 (NORTH BUILDING)
Guest Speaker: 
The Honourable Rona Ambrose

Trade and the realignment of economic agendas: what does Trump's "America First" trade strategy mean for Canada and the world? 

Hosted by: Thomson Reuters and McCarthy Tétrault LLP 

2:00 pm -
2:40 pm

Equity-Based Compensation & Stock Options

An In-depth Look at the Hybrid Rules in the Fifth Protocol

Rectification, Rescission and Other Equitable Remedies:  Post Fairmont

2:40 pm -
3:20 pm

Participation-based Payments - CVRs, TRAs, Earnouts


FAD Rules – Practical Issues
A Potpourri of Issues in the Administration and Enforcement of the ITA
 
3:20 pm -
3:30 pm
Questions Questions Questions
3:30 pm -
4:00 pm
REFRESHMENT BREAK | HALL 107 (NORTH BUILDING)
Sponsored by: Torys LLP
4:00 pm -
4:40 pm
Infrastructure and P3 Projects


Cross-Border Lending Practice Issues
The changing GST/HST landscape for Financial Services
4:40 pm -
5:20 pm
Vendor Planning for Private Corporations

US Tax Reform: Operating a Cross-border Business in an Uncertain Tax Environment

CRA Session on Advance Tax Rulings - 2017 and Beyond
5:20 pm -
5:30 pm
Questions Questions Questions
5:30 pm-
8:00 pm
Evening Reception | The Roundhouse | Steam Whistle Brewing | 255 Bremner Blvd.
Hosted by: Osler, Hoskin & Harcourt LLP
9:00 pm-
12:00 am

 Nightcap Reception | Fairmont Royal York | Library Room | 100 Front Street West
Hosted by: Bennett Jones LLP

TUESDAY, NOVEMBER 21
6:30 am-
8:00 am
BREAKFAST |HALL 106 (NORTH BUILDING)
Hosted by: Thorsteinssons LLP
  CORPORATE TAXATION
HALL 104 (NORTH BUILDING)
INTERNATIONAL TAXATION
HALL 105 (NORTH BUILDING)
OTHER SPECIALIST AREAS
JOHN BASSETT THEATRE
8:00 am-
9:00 am
Taxation of Liabilities and Derivatives on Income Account 

Moving Employees Cross-Border

Judges' Panel

9:00 am-
10:00 am
A Study of Private Corporations

The Future of Foreign Holding and Financing Companies

GAAR Update and the Use of Other Judicial Doctrines by CRA

10:00 am-
10:10 am
 Questions Questions  Questions 

10:10 am-
10:30 am
 
REFRESHMENT BREAK | HALL 107 (NORTH BUILDING)
Sponsored by: Deloitte LLP

PLENARY SESSIONS |JOHN BASSETT THEATRE
Chair:  Shawn D. Porter, CPA, CA, Deloitte LLP, Toronto 
10:30 am- 
10:50 am  
Lifetime Contribution Award Ceremony
10:50 am-
11:10 am
Judicial Update from the Tax Court of Canada

The Honourable Chief Justice Eugene P. Rossiter,
Tax Court of Canada, Ottawa


11:10 am-
11:25 am
Department of Finance Update

Ted Cook,
Department of Finance, Ottawa

11:25 am-
12:00 pm
OECD Update

Grace Perez-Navarro, Deputy Director, OECD

12:00 pm-
12:05 pm-
Break
12:05 pm-
1:20 pm

CRA Roundtable Discussion

Stéphane Charette,
CPA, CMA, MBA, Acting Director, Financial Industries and Trusts Division, Income Tax Rulings Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Stéphane Prud'Homme, 
Director, Reorganizations Division, Income Tax Rulings Directorate, Canada Revenue Agency, Ottawa
Carrie Smit,
Goodmans LLP, Toronto
Penny Woolford,
FCPA, FCA, KPMG LLP, Toronto

1:20 pm-
1:40 pm
CRA Appeals Branch, one year after the 2016 Auditor General Report

Review of the actions taken by the CRA since the 2016 Income Tax Objections report and the further changes to come to the Appeals Branch programs.

Mireille Laroche, Assistant Commissioner of the Appeals Branch, Canada Revenue Agency, Ottawa

1:40 pm
Adjournment 
  Bonus Session | Hall 104
2:30 pm-
4:30 pm
Panel Discussion: A Global Perspective on the Implementation of the OECD/G20 BEPS Action Items 

This panel is intended to honour Jacques Sasseville who recently retired as Head of the Tax Treaty Unit at the OECD. Jacques was responsible for the OECD Model Treaty from the early 1990s and also played an important role in other OECD tax initiatives including the BEPS Project.

Chair: Brian J. Arnold, Canadian Tax Foundation, Canada

Hugh Ault, Boston College Law School, United States
Andrew Dawson, HM Revenue & Customs, UK
Porus Kaka, Honarary President of International Fiscal Association (IFA), India
Liselott Kana, UN Committee of Experts, Chile
Andrea Parolini, Maisto and Associates, Italy
Carmel Peters, UN Committee of Experts, New Zealand
Aart Roelofsen, OECD's Working Party 1 Co-Chair, Netherlands
Jacques Sasseville,  Inter-Regional Adviser, United Nations
Richard Vann, The University of Sydney, Australia
Back to top

CORPORATE TAXATION

MONDAY NOVEMBER 20
7:00am
Breakfast | HALL 106 (NORTH BUILDING)
 JOHN BASSETT THEATRE
Chair:   Sandra Mah, DLA Piper (Canada) LLP, Calgary 
8:00am

Subsection 55(2), Surplus Stripping and Capitalizing Safe Income

This session will include a discussion of the following:

  • Purpose Test Analysis
    • Despite the concern with the potential broad application of amended subsection 55(2) and the emphasis on safe income, in many situations subsection 55(2) should not apply because none of the purpose tests have been satisfied.
    • An approach to undertaking a purpose test analysis will be proffered
  • Complications involving safe income capitalizations using stock dividends
  • Complexities and uncertainties involving the Part IV exception for private corporations with RDTOH balances including a discussion on the application of Ottawa Air Cargo and Presidential MSH Corp.
  • Other technical issues and anomalies that have arisen in practice
  • An update on CRA’s positions and statements


Rick McLean, CPA, CA, KPMG LLP, Toronto
Jeffrey Oldewening, KPMG Law LLP, Toronto

9:00am

Recent Transactions of Interest

This recurring session will examine interesting and unique public and private transactions involving acquisitions, dispositions, mergers, debt issuances and restructuring, recapitalizations, and loss utilizations.

Raj Juneja, Davies Ward Phillips & Vineberg LLP, Toronto
Eric Xiao, CPA, CA, Ernst & Young LLP, Toronto

10:00am Questions
10:10am
Refreshment Break | HALL 107 (NORTH BUILDING)
JOHN BASSETT THEATRE
Chair:   Barbara Worndl, Aird & Berlis LLP, Toronto
10:40am

Canadian Business Vehicles - Nuances Across Jurisdictions

The session will review the federal and provincial business corporations statutes, with a view to identifying differences of relevance to tax practitioners. Items of note include:

(i) residency requirements;
(ii) solvency tests;
(iii) restrictions on cross-shareholdings;
(iv)  share attributes (e.g., “fully-paid” status; carve-outs to the meaning of “property”; ability to provide for holder-specific attributes; etc.);
(v) incest rules; (vi) ability to shift capital and to issue high-low shares;
(vii) ability to address errors/deficiencies;
(viii) shareholder liability in the context of ULCs;
(ix) ability (or inability) to reinstate a dissolved corporation; and
(x) conversion regime differences

Partnerships will also be considered.

Marc-André Bélanger, Dentons Canada LLP, Montreal
James Hutchinson, Miller Thomson LLP, Toronto

11:20am

Issues and Traps with the REIT Rules

The Canadian REIT rules do not adequately address the various transactions and structures that it is commercially appropriate for a Canadian REIT to engage in or utilize.  This is especially the case for a cross-border REIT holding real estate through foreign subsidiary entities that must themselves qualify as REITs under the Canadian rules.  However, even common domestic real estate transactions such as holding real estate partnerships or multi-use projects can be problematic.  This session explores traps and solutions.

Jarrett Freeman, Goodmans LLP, Toronto
Antony Schiefer, CPA, CA, KPMG LLP, Toronto

12:00pm
Questions
12:15pm
Lunch | HALL 106 (NORTH BUILDING)
JOHN BASSETT THEATRE
Chair:   Jane Meagher, Fondation canadienne de fiscalité, Montréal
2:00pm

Equity-Based Compensation & Stock Options
 
This session will explore a variety of equity based compensation alternatives including stock options, share purchase plans and phantom based stock plans and will discuss relevant factors to be taken into account when designing and implementing tax effective equity based compensation.  The session will also consider recent developments and their impact on equity based compensation and will highlight relevant tax considerations for emerging companies.

Dov Begun,
Osler, Hoskin & Harcourt LLP, Toronto

2:40pm

Participation-based Payments - CVRs, TRAs, Earnouts

This presentation will cover the Canadian tax treatment of various types of participation-based payments which have arisen in recent years.  Some of these increasingly prevalent instruments, such as “Contingent Value Receipts” (“CVRs”) and “Tax Receivable Agreements” (“TRAs”) will be described, and their tax consequences will be analyzed from the perspective of both issuers and holders.  The presentation will also cover the tax treatment of more traditional participation-based payments such as earnouts.  

Daniel Bellefontaine, EY Law LLP, Calgary
Warren Pashkowich, Ernst & Young LLP, Calgary


3:20pm
Questions
3:30pm Refreshment Break | HALL 107 (NORTH BUILDING)
JOHN BASSETT THEATRE
Chair:   Jason Vincze, PWC Law LLP, Toronto
4:00pm

Infrastructure and P3 Projects

This session will cover an overview of current Canadian transaction structures. Key issues relating to:

  • Participation by tax exempt investors
  • Deductibility of expenses - type, timing and other restrictions
  • Licenses, concessions and asset ownership
  • Tax shelter rules
  • GST/HST and land transfer taxes dealing with government entities, hospitals, university residences
  • Typical tax risk allocations, reps, warranties and indemnities


John Tobin, Torys LLP, Toronto

4:40pm

Vendor Planning for Private Corporations

This session will review the impact of recent amendments and the remaining private corporation proposals that are of immediate relevance to vendors. In addition, the session will review the issues that should be considered before deciding upon a particular tax planning strategy in a sale context. Finally, a number of examples of specific planning opportunities will be discussed such as QSBC planning, purification strategies, safe income strips, non-CCPC considerations and efficient RDTOH recovery techniques.

Timothy Kirby, Felesky Flynn LLP, Edmonton
Anthony Strawson, CMA, CPA (IL), Felesky Flynn LLP, Calgary

5:20pm
Questions
5:30pm
8:00pm
Reception
The Roundhouse | Steam Whistle Brewing | 255 Bremner Blvd.
Hosted by: Osler, Hoskin & Harcourt LLP
9:00pm-
12:00am
Nightcap Reception
Fairmont Royal York | Library Room | 100 Front Street West
Hosted by: Bennett Jones LLP
TUESDAY NOVEMBER 21
7:00am
Breakfast | HALL 106 (NORTH BUILDING)
HALL 104 (NORTH BUILDING) 
Chair:  Marlene Cepparo, KPMG LLP, Toronto 
8:00am

Taxation of Liabilities and Derivatives on Income Account

The Kruger case applied foreign exchange case law to derivatives which in turn raised questions on how taxpayers should treat any liabilities on income account. This session will assess the current rules that apply to the taxation of derivatives and liabilities on income account, with a focus on how the proposed rules in the 2017 Budget will affect the taxation of derivatives and hedging strategies.


Phil Halvorson, CPA, EY LLP, Toronto
Richard Marcovitz, Deloitte LLP, Toronto

9:00am

A Study of Private Corporations

R. Daren Baxter, QC, TEP, McInnes Cooper, Halifax
Rachel Gervais, BDO Canada LLP, Toronto

10:00am
Questions
10:10am Refreshment Break | HALL 107 (NORTH BUILDING)
 Back to top
TUESDAY NOVEMBER 21 - PLENARY | JOHN BASSETT THEATRE

10:30am- 
10:50am  
Lifetime Contribution Award Ceremony
 
10:50am-
11:10am
Judicial Update from the Tax Court of Canada

The Honourable Chief Justice Eugene P. Rossiter,
Tax Court of Canada, Ottawa
 

11:10am-
11:25am
Department of Finance Update

Ted Cook,
Department of Finance, Ottawa

11:25am-
12:00pm
OECD Update

Grace Perez-Navarro, Deputy Director, OECD
12:00pm-
12:05pm-
Break
12:05pm-
1:20pm

CRA Roundtable Discussion

Stéphane Charette,
CPA, CMA, MBA, Acting Director, Financial Industries and Trusts Division, Income Tax Rulings Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Stéphane Prud'Homme, 
Director, Reorganizations Division, Income Tax Rulings Directorate, Canada Revenue Agency, Ottawa
Carrie Smit,
Goodmans LLP, Toronto
Penny Woolford,
FCPA, FCA, KPMG LLP, Toronto

1:20pm-
1:40pm
CRA Appeals Branch, one year after the 2016 Auditor General Report

Review of the actions taken by the CRA since the 2016 Income Tax Objections report and the further changes to come to the Appeals Branch programs.

Mireille Laroche, Assistant Commissioner of the Appeals Branch, Canada Revenue Agency, Ottawa

1:40pm
Adjournment 
  Bonus Session | HALL 104 (NORTH BUILDING) 
2:30pm-
4:30pm

Panel Discussion: A Global Perspective on the Implementation of the OECD/G20 BEPS Action Items 

This panel is intended to honour Jacques Sasseville who recently retired as Head of the Tax Treaty Unit at the OECD. Jacques was responsible for the OECD Model Treaty from the early 1990s and also played an important role in other OECD tax initiatives including the BEPS Project.

Chair: Brian J. Arnold, Canadian Tax Foundation, Canada

Hugh Ault, Boston College Law School, United States
Andrew Dawson, HM Revenue & Customs, UK
Porus Kaka, Honarary President of International Fiscal Association (IFA), India
Liselott Kana, UN Committee of Experts, Chile
Andrea Parolini, Maisto and Associates, Italy
Carmel Peters, UN Committee of Experts, New Zealand
Aart Roelofsen, OECD's Working Party 1 Co-Chair, Netherlands
Jacques Sasseville,  Inter-Regional Adviser, United Nations
Richard Vann, The University of Sydney, Australia

 

INTERNATIONAL TAXATION

MONDAY NOVEMBER 20
7:00am
Breakfast |HALL 106 (NORTH BUILDING) 
HALL 105 (NORTH BUILDING)
Chair:  Wayne Adams, Canadian Tax Foundation, Ottawa 
8:00am

The Multilateral Instrument: A Canadian Perspective

In 2016 the Organization for Economic Co-operation and Development (OECD) released the text and explanatory notes of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS) under BEPS Action 15 (the MLI). The MLI is to be applied alongside existing tax treaties, modifying their application in order to implement certain BEPS measures, without the need for separate bilateral treaty negotiations. The BEPS measures covered by the MLI include: (i) Action 2 on hybrid mismatch arrangements, (ii) Action 6 on preventing treaty abuse, (iii) Action 7 on the artificial avoidance of permanent establishment (PE) status; and (iv) Action 14 on dispute resolution.

The MLI constitutes a significant change in international taxation and will have an important impact on the taxation of multinational companies given the expectation that it may amend as many as 2000 tax treaties. Since June 7, 2017, Canada at least 69 other jurisdictions have signed the MLI and released their preliminary positions and reservations. This presentation will review the key provisions of the MLI and examine, by way of examples, when and how the MLI may apply to modify certain aspects of Canadian tax treaties both based on Canada’s announced MLI positions and on potential changes to those positions, given the choices made by some of Canada`s most important treaty partners.

Laura Gheorghiu, Gowling WLG (Canada) LLP, Montreal
Patrick Marley, Osler, Hoskin & Harcourt LLP, Toronto
Stephanie Smith, Department of Finance, Ottawa

Chair:  Stephanie Smith, Department of Finance, Canada 
9:00am

The Multilateral Instrument: International Perspectives

Having heard the Canadian perspective as part of the preceding session, distinguished panelists, representing a number of other jurisdictions, will discuss their perspectives on the impact of the MLI on the application of treaties to their respective jurisdictions.  Panelists will discuss several topics, including the future use of holding companies for inbound and outbound investment, and the interaction of MLI provisions with both domestic legislative measures in their respective jurisdictions, and other multilateral initiatives such as the European Union’s Anti-Tax Avoidance Directive.

Andrew Dawson, Her Majesty’s Revenue & Customs, United Kingdom
Liselott Kana, Internal Revenue Service and Member of the UN Committee of Experts, Chile
Carmel Peters, New Zealand Revenue
Aart Roelofsen, Ministry of Finance and Vice-Chair of OECD's WP1, The Netherlands
Moderator: Stephanie Smith, Department of Finance, Canada

10:00am 
Questions
10:10am
Refreshment Break | HALL 107 (NORTH BUILDING)
HALL 105 (NORTH BUILDING)
Chair:  Bruce Ball, CPA, CA, CPA Canada, Toronto 
10:40am

Canada’s Foreign Exchange Regime: Where are we and where do we need to be?

The treatment of foreign exchange in determining income for tax purposes has been clarified and codified over the years in several areas including foreign currency denominated liabilities and preferred shares, hedging and inter-affiliate lending for foreign affiliates, and an elective functional currency regime for Canadian resident corporations. Although these developments are welcome, uncertainties remain.  This session will explore a number of these newer provisions and some anomalies and complexities that arise in applying them.


Tony Ancimer, FCPA, FCA,Deloitte LLP, Toronto
Byron Beswick,
 CA, Felesky Flynn LLP, Calgary

11:20am

PE Investment in Canadian Companies 

This session will review common income tax considerations arising over the lifecycle of a typical foreign-sponsor private equity fund investment in a Canadian company.  Topics covered will include:


  • Third-party and intergroup financing
  • Target group rationalization
  • Treaty eligibility and use of “blockers”
  • Foreign affiliate dumping
  • Management rollovers and incentives
  • Typical tax risk allocations, reps & warranties and indemnification
  • Interim distributions
  • Exit issues
  • Minority investments


Peter Lee, 
Blake, Cassels & Graydon LLP, Toronto
Paul Stepak, Blake, Cassels & Graydon LLP, Toronto

12:00pm
Questions
12:15pm
Lunch | HALL 106 (NORTH BUILDING)
HALL 105 (NORTH BUILDING)
Chair:   Claire Kennedy, Bennett Jones LLP, Toronto 
2:00pm

An In-depth Look at the Hybrid Rules in the Fifth Protocol

On the tenth anniversary of the Fifth Protocol to the Canada- US Treaty, this panel will examine the hybrid/anti-hybrid rules in Article IV Paragraphs 6&7, identifying practical issues in cross-border investment and considering them and established workarounds in light of potential alternative approaches to the treatment of hybrids developed under the BEPS action plan and in jurisprudence, which could inform a future Protocol.

Mathieu Champagne, Deloitte LLP, Vancouver
Julie Colden, KPMG Law LLP, Toronto
Éric Lévesque, Stikeman Elliott LLP, Montréal

2:40pm

FAD Rules - Practical Issues

This session will focus on selected issues that may arise with respect to the potential application of the "foreign affiliate dumping” (“FAD") rules, including the proposal to amend those rules that were released by the Department of Finance on September 16, 2016, to a variety of transactions.  In particular, the following topics will be addressed:

  • An overview of the conditions that must be satisfied for the initial application of the FAD rules, and how those conditions may be interpreted and applied in relation to certain hypothetical acquisition scenarios.

  • A consideration of certain interpretive and practical issues that often arise with respect to the scope and potential application of the reorganization exceptions contained in subsection 212.3(18) and in associated supporting provisions.

  • A discussion of certain issues that are commonly encountered with respect to the ongoing application of the FAD rules to a Canadian corporation that is controlled by a non-resident corporation for purposes of the rules.

  • A discussion of traps that may be encountered with respect to the application of the FAD rules in certain circumstances.

Dean Kraus,  Stikeman Elliott LLP, Toronto
John O'Connor, Stikeman Elliott LLP, Toronto

3:20pm
Questions
3:30 pm Refreshment Break | HALL 107 (NORTH BUILDING)
HALL 105 (NORTH BUILDING)
Chair:  Donald E. Carson, MNP LLP, Toronto 
4:00pm

Cross-Border Lending Practice Issues

This session will provide a practical review of traps, issues and solutions encountered in the context of cross-border lending, including issues arising in connection with the back-to-back rules.  The session will also provide an overview of tax provisions in credit agreements and developing market practices for structuring and risk allocation.

Nik Diksic, EY Law LLP, Montréal
Sabrina Wong,
Blake, Cassels & Graydon LLP, Toronto

4:40pm

US Tax Reform: Operating a Cross Border Business in an Uncertain Tax Environment

Debra Baker, PricewaterhouseCoopers LLP, Toronto
Danielle Rolfes, KPMG LLP, Washington, DC          
Stephen Shay, Harvard Law School, Cambridge, MA

5:20pm  Questions
5:30pm
8:00pm
Evening Reception
The Roundhouse | Steam Whistle Brewing | 255 Bremner Blvd.
Hosted by: Osler, Hoskin & Harcourt LLP 
9:00pm
12:00am
Nightcap Reception
Fairmont Royal York | Library Room | 100 Front Street West
Hosted by: Bennett Jones LLP
TUESDAY NOVEMBER 21
7:00am
Breakfast 
HALL 105 (NORTH BUILDING)
Chair:  Stefanie Morand, McCarthy Tétrault, Toronto
8:00am

Moving Employees Cross-Border

This session will feature a tax professional and an immigration lawyer sharing insights around common issues employers confront when moving employees cross-border, as well as best practices to support a robust global mobility program.  Topics covered will include common immigration requirements and timelines, proper tax planning, efficient compliance services, and technology tools to support both multi-year expatriate assignments and international business travelers.

Janet Bomza, PWC Law LLP, Toronto
Fatima Laher,
Deloitte LLP, Toronto

9:00am

The Future of Foreign Holding and Financing Companies

This session will discuss key new foreign tax developments and the impact on Canadian outbound holding & financing structures. The presentation will focus on EU tax issues and its new developments. This session will briefly touch on broader issues, such as those relating to the multilateral instrument and the potential Canadian developments that could affect these structures.

Ian Bradley, PricewaterhouseCoopers LLP, Toronto
Ken Buttenham, PricewaterhouseCoopers LLP, Toronto
Wybe Mebius, PricewaterhouseCoopers LLP, Netherlands
Hein Vermeulen, PricewaterhouseCoopers LLP, The Netherlands

10:00am
Questions
10:10am-
10:30am
Refreshment Break | HALL 107 (NORTH BUILDING)
Back to top
TUESDAY NOVEMBER 21 - PLENARY
JOHN BASSETT THEATRE
10:30am- 
10:50am  
Lifetime Contribution Award Ceremony
 
10:50am-
11:10am
Judicial Update from the Tax Court of Canada

The Honourable Chief Justice Eugene P. Rossiter,
Tax Court of Canada, Ottawa

 

 11:10am-
11:25am
Department of Finance Update

Ted Cook, Department of Finance, Ottawa

11:25am-
12:00pm
OECD Update

Grace Perez-Navarro, Deputy Director, OECD

12:00pm-
12:05pm-
Break
12:05pm-
1:20pm

CRA Roundtable Discussion

Stéphane Charette,
CPA, CMA, MBA, Acting Director, Financial Industries and Trusts Division, Income Tax Rulings Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Stéphane Prud'Homme, 
Director, Reorganizations Division, Income Tax Rulings Directorate, Canada Revenue Agency, Ottawa 
Carrie Smit,
Goodmans LLP, Toronto
Penny Woolford,
FCPA, FCA, KPMG LLP, Toronto

1:20pm-
1:40pm
CRA Appeals Branch, one year after the 2016 Auditor General Report

Review of the actions taken by the CRA since the 2016 Income Tax Objections report and the further changes to come to the Appeals Branch programs.

Mireille Laroche, Assistant Commissioner of the Appeals Branch, Canada Revenue Agency, Ottawa

1:40pm
Adjournment 
  Bonus Session | HALL 104 (NORTH BUILDING)
2:30pm-
4:30pm
Panel Discussion: A Global Perspective on the Implementation of the OECD/G20 BEPS Action Items 

This panel is intended to honour Jacques Sasseville who recently retired as Head of the Tax Treaty Unit at the OECD. Jacques was responsible for the OECD Model Treaty from the early 1990s and also played an important role in other OECD tax initiatives including the BEPS Project.
 

Chair: Brian J. Arnold, Canadian Tax Foundation, Canada

Hugh Ault, Boston College Law School, United States
Andrew Dawson, HM Revenue & Customs, UK
Porus Kaka, Honarary President of International Fiscal Association (IFA), India
Liselott Kana, UN Committee of Experts, Chile
Andrea Parolini, Maisto and Associates, Italy
Carmel Peters, UN Committee of Experts, New Zealand
Aart Roelofsen, OECD's Working Party 1 Co-Chair, Netherlands
Jacques Sasseville,  Inter-Regional Adviser, United Nations
Richard Vann, The University of Sydney, Australia

OTHER SPECIALIST AREAS

MONDAY NOVEMBER 20
7:00 am
Breakfast | HALL 106 (NORTH BUILDING)
HALL 104 (NORTH BUILDING)
Chair:  Alycia Calvert, Ernst & Young LLP, Toronto 
8:00am

Challenges of a Changing Tax Landscape

A panel of experienced tax specialists with diverse backgrounds will discuss the challenges faced by tax directors and practitioners in today's environment, including the impact of global tax information sharing, and increased government resources devoted to ensuring compliance. This session will also include:

  • Direction of Tax Audits and Disputes
  • Use by CRA of approx. $500M in new funding
  • Creativity of Tax Planning on the Decline
  • Creativity of Tax Assessments on the Rise
  • Tax inversion
  • Tax authorities implementing BEPS philosophies prior to enactment

Michael J. O'Connor, CPA, CA, Sun Life Financial, Toronto 
Lana Paton, PricewaterhouseCoopers LLP, Toronto
Jennifer Witzel,
Scotiabank, Toronto

Chair:  Ron Durand, Stikeman LLP, Toronto 
9:00am

Defining Unacceptable Tax Avoidance

What is avoidance? We have unacceptable evasion and acceptable tax planning. If everything is there for the tax authorities to see, it is currently acceptable planning. Is there some level of planning that is so aggressive that it is no longer acceptable? How do we draw the line between acceptable planning (contribution to an RRSP) and unacceptable avoidance?  If it is in accordance with the Act, how do we recognize it? If some level of aggressive planning is unacceptable how to we stop it? Do we penalize it? For example, should the Act impose a penalty if a transaction is subject to the GAAR?  


Monica Biringer, Osler, Hoskin & Harcourt LLP, Toronto
Jehad Haymour, Dentons Canada LLP, Calgary
Angelo Nikolakakis, EY Law LLP, Montréal
Moderator: Ron Durand, Stikeman Elliott LLP, Toronto

10:00am Questions
10:10am
Refreshment Break | HALL 107 (NORTH BUILDING)
HALL 104 (NORTH BUILDING)
Chair:  Brian Carr, Thorsteinssons LLP, Toronto 
10:40am

Trust Issues Update

This session will include a discussion on the following:

  • A review of recent tax cases relevant to trust planning
  • A review of the attribution rules relating to the use of trusts
  • A discussion of trust drafting techniques designed to ensure compliance with the Income Tax Act
  • A discussion of other trust matters of interest


Ed Esposto, Aird & Berlis LLP, Toronto
Clare Sullivan, Aird & Berlis LLP, Toronto

11:20am

Foreign Trusts

The trust relationship (not a legal entity but a contractual relationship) presents tax practitioners with a host of complex and evolving cross-border tax issues in connection with trust and trust-like business arrangements for financial institutions, pension funds, and investment funds as well as family trusts. In regards to such arrangements, this session will address:

  • Characterization Issues – distinguishing foreign trusts from other types of arrangements
  • Residence issues – what makes a trust “foreign” – common law and deemed residence rules
  • Inbound and outbound tax issues, involving: treaty benefits, anti-hybrid rules, foreign tax credits, employee benefit/pension trusts and commercial trusts
  • Offshore disclosure regimes – how FATCA and CRS have grappled with domestic and foreign trusts


Michael Kandev, Davies Ward Phillips & Vineberg LLP, Montréal
Matias Milet,
Osler, Hoskin & Harcourt LLP, Toronto

12:00pm Questions
12:15pm
Lunch | HALL 106 (NORTH BUILDING)
HALL 104 (NORTH BUILDING)
Chair:   Jeffrey Trossman, Blake, Cassels & Graydon LLP, Toronto
2:00pm

Rectification, Rescission and Other Equitable Remedies: Post Fairmont

This panel of experienced practitioners will consider and discuss the options for fixing tax mistakes in light of the Supreme Court of Canada's decisions in the Fairmont and Jean Coutu cases. Such options may include rectification, rescission, severance, declaratory relief and the use of provisions in various corporate statutes. The discussion will include a brief review of the current state of the law, potential solutions for fixing tax mistakes, and practical tips for addressing circumstances where a taxpayer has suffered an unintended tax result.

Diana Aird, Department of Justice, Toronto
Timothy Fitzsimmons,
PwC Law LLP, Toronto
Elie Roth, Davies Ward Phillips & Vineberg LLP, Toronto

2:40pm

A Potpourri of Issues in the Administration and Enforcement of the ITA  

A comprehensive exploration of recent developments of interest in the administration and enforcement of the ITA, including hot audit issues, amended ss. 152(9), BP Canada, the scope of ss. 220(2.1) following ConocoPhillips, T2 re-appropriation requests and the status of the VDP.


Ted Gallivan,
Assistant Commissioner, Canada Revenue Agency, Ottawa
Alexandra MacLean,
Canada Revenue Agency, Ottawa
John Sorensen,
Gowling WLG (Canada) LLP, Toronto
Adrienne Woodyard, DLA Piper (Canada) LLP, Toronto

3:20pm
Questions
3:30pm Refreshment Break | HALL 107 (NORTH BUILDING) 
HALL 104 (NORTH BUILDING)
Chair:  Heather L. Evans, Canadian Tax Foundation, Toronto 
4:00pm

The Changing GST/HST Landscape for Financial Services 

Paul Casuccio,
Fasken Martineau LLP, Toronto
Danny Cisterna, Deloitte LLP, Toronto

4:40pm

CRA Session on Advance Tax Rulings - 2017 and Beyond

Doug Cannon, McCarthy Tétrault LLP, Toronto
Lori Carruthers, Canada Revenue Agency, Ottawa 
Costa Dimitrakopoulos, Canada Revenue Agency, Ottawa
Mitchell Sherman, Goodmans LLP, Toronto
Moderator: Heather Evans, Canadian Tax Foundation, Toronto

5:20pm Questions
5:30pm
8:00pm
Reception
The Roundhouse | Steam Whistle Brewing | 255 Bremner Blvd.
Hosted by: Osler, Hoskin & Harcourt LLP 

9:00pm
12:00am
Nightcap Reception
Fairmont Royal York | Library Room | 100 Front Street West
Hosted by: Bennett Jones LLP
TUESDAY NOVEMBER 21
7:00am
Breakfast | HALL 106 (NORTH BUILDING)
JOHN BASSETT THEATRE
Chair:  Alexandra Brown, Blake, Cassels & Graydon LLP, Toronto 
8:00am

Judges' Panel

This session will cover topical issues in Canadian tax litigation that are relevant to all tax practitioners, including remedies under administrative law when tax disputes are being considered.

The Hon. Chief Justice Eugene P. Rossiter, Tax Court of Canada, Ottawa
The Hon. Justice Henry A. Visser,
Tax Court of Canada, Ottawa
The Hon. Justice Wyman W. Webb,
Federal Court of Appeal, Ottawa 
Alexandra Brown,
Blake, Cassels & Graydon LLP, Toronto
H. Annette Evans, Department of Justice, Toronto


9:00am

GAAR Update and Use of Other Judicial Doctrines by CRA

In addition to relying on the GAAR, the CRA has been asserting the application of various judicial constructs in countering tax avoidance. This session will review critical recent developments in the GAAR case law, and will also review the law on sham, “window dressing” and agency. It will provide a practical overview of the principles that have developed in recent jurisprudence, and highlight the trends that may be expected to develop, both from the perspective of the taxpayer and Crown.

Dominic Belley, Norton Rose Fulbright Canada LLP, Montréal
Natalie Goulard, Department of Justice, Montreal
Robert McCue, Bennett Jones LLP, Calgary

10:00am Questions
10:10am Refreshment Break | HALL 107 (NORTH BUILDING)
TUESDAY NOVEMBER 21 - PLENARY
JOHN BASSETT THEATRE
10:30am- 
10:50am  
Lifetime Contribution Award Ceremony
 
10:50am-
11:10am
Judicial Update from the Tax Court of Canada

The Honourable Chief Justice Eugene P. Rossiter, Tax Court of Canada, Ottawa
 

11:10am-
11:25am
Department of Finance Update

Ted Cook, Department of Finance, Ottawa

11:25am-
12:00pm
OECD Update

Grace Perez-Navarro, Deputy Director, OECD

12:00pm-
12:05pm-
Break
12:05pm-
1:20pm

CRA Roundtable Discussion

Stéphane Charette,
CPA, CMA, MBA, Acting Director, Financial Industries and Trusts Division, Income Tax Rulings Directorate, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Stéphane Prud'Homme,
Director, Reorganizations Division, Income Tax Rulings Directorate, Canada Revenue Agency, Ottawa 
Carrie Smit,
Goodmans LLP, Toronto
Penny Woolford,
FCPA, FCA, KPMG LLP, Toronto

1:20pm-
1:40pm
CRA Appeals Branch, one year after the 2016 Auditor General Report

Review of the actions taken by the CRA since the 2016 Income Tax Objections report and the further changes to come to the Appeals Branch programs.

Mireille Laroche, Assistant Commissioner of the Appeals Branch, Canada Revenue Agency, Ottawa

1:40pm
Adjournment 
  Bonus Session | HALL 104 (NORTH BUILDING)
2:30pm-
4:30pm
Panel Discussion: A Global Perspective on the Implementation of the OECD/G20 BEPS Action Items 

This panel is intended to honour Jacques Sasseville who recently retired as Head of the Tax Treaty Unit at the OECD. Jacques was responsible for the OECD Model Treaty from the early 1990s and also played an important role in other OECD tax initiatives including the BEPS Project.
 

Chair: Brian J. Arnold, Canadian Tax Foundation, Canada

Hugh Ault, Boston College Law School, United States
Andrew Dawson, HM Revenue & Customs, UK
Porus Kaka, Honarary President of International Fiscal Association (IFA), India
Liselott Kana, UN Committee of Experts, Chile
Andrea Parolini, Maisto and Associates, Italy
Carmel Peters, UN Committee of Experts, New Zealand
Aart Roelofsen, OECD's Working Party 1 Co-Chair, Netherlands
Jacques Sasseville,  Inter-Regional Adviser, United Nations
Richard Vann, The University of Sydney, Australia

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11/19/2017 10:56:54 PM