Early-bird Deadling: Friday, August 23. Register early to take advantage of the discounted rates!

Monday, September 16, 2019

7:00am 8:00am Registration and Breakfast
8:00am 8:15am Opening Remarks

Heather L. Evans, TEP, Executive Director & CEO, Canadian Tax Foundation
8:15am 9:15am

Current Issues

A review of recent legislative and administrative developments in federal and provincial tax law, including a review of federal and provincial budgets for 2019.

This will also include a discussion on stock option rules and skinny voting shares valuation issues.

Michael Coburn, Fasken LLP, Vancouver
George D. Kondopulos, CPA, CA, KPMG LLP, Vancouver
9:15am 10:15am

Current Cases

A review of recent decisions that affect owner-managed businesses and private companies.

Jacqueline Fehr, MNP LLP, Vancouver
David Jacyk, Osler, Hoskin & Harcourt LLP, Vancouver

10:15am 10:25am

 Question/Answer Period

10:25am 10:45am

 Refreshment Break

Moderator: Kevin Wong, CPA, CA, MNP LLP, Vancouver
10:45am 11:25am

A Potpourri of Real Estate Issues

For the past 10 years, the topic of real estate has consistently been in the news in British Columbia. The discussion originally began with how high real estate prices could go and then unsurprisingly, changed to issues of unaffordability and how to control the prices. Over the past several years, all three levels of government have undertaken various initiatives, such as the following:

  • Vancouver Empty Homes Tax;
  • BC Foreign Buyer’s Tax;
  • BC Speculation and Vacancy Tax;
  • BC Land Ownership Transparency Act; and
  • Information sharing amongst governments and CRA audit initiatives in the real estate sector

This session will review these initiatives and provide an update with respect to, amongst other things, changes that could be coming down the pipeline. This session will also review considerations with structuring real estate ownership for investment and development in the current legislative environment.

Terry Barnett, Thorsteinssons LLP, Vancouver
Alexander Demner, Thorsteinssons LLP, Vancouver
Zheting Su, Thorsteinssons LLP, Vancouver

11:25am 12:05pm

The Intersection of Trust Law and Tax

Estate planning is a junction where tax law and trust law meet. Gaining an understanding of issues in the area of trust law can be invaluable for tax professionals who are structuring with trusts.

This session will:

  • provide an overview of various fundamentals of trust law that should be considered when tax planning;
  • address any recent case law developments; and
  • highlight the interplay between tax and trust law in the context of a number of practical areas including drafting or amending trust deeds, characterizing trust income/distributions, determining when a trust is created or can be terminated, planning with non-resident or corporate beneficiaries, and understanding the duties, powers and personal liabilities of trustees.

Kate S. Marples, Legacy Tax + Trust Lawyers, Vancouver
12:05pm 12:15pm

 Question/Answer Period

12:15pm 2:00pm

 Lunch

Moderator: Areet Kaila, Clark Wilson LLP, Vancouver
2:00pm  2:40pm

Professional Partnerships - Tips and Traps

With the recent changes to WIP rules for professionals, it may be time to review your partnership structures and agreements.  This session will highlight tips and traps in dealing with professional partnerships, and consider the potential long-term implications to new, exiting and remaining partners. Topics will include timing a deemed gain on negative ACB, full-shield vs. partial shield LLPs, and consider the practical implications of income and WIP allocation methodologies to partners at various stages.

Scott Bodie,
Bennett Jones LLP, Calgary
Jay A. Winters,
Bennett Jones LLP, Calgary

2:40pm 3:20pm

Divorces: Impact on Common Planning Techniques from Tax Legislative Changes

On marital breakdown, the division of assets, particularly corporate assets, can be challenging. Recent changes to income tax rules include changes to personal and corporate tax rates, the creation of the TOSI rules, amendment to the Section 55 dividend re-characterization rules and changes to rules related to alter ego and testamentary trusts add further complexity to process. The focus of this paper/presentation will be to first provide a brief overview of the income tax tools available to an advisor to divide assets on marital breakdown in a tax efficient manner, and second to discuss in detail how these planning options have been impacted by recent legislative changes.

Shane Onufrechuk, FCPA, FCA, KPMG LLP, Vancouver

3:20pm 3:30pm

 Question/Answer Period 

3:30pm 3:50pm

 Refreshment Break

Moderator:  Dawn Tipton, CPA, CA, TEP, Grant Thornton LLP, Victoria
3:50pm 4:35pm

A Practical Case Study on Subsection 55(2) + Safe Income

Ron Dueck, Farris LLP, Vancouver
Lee-Lynn Gan, CPA, CA, KPMG LLP, Vancouver

4:35pm 5:20pm Tips and Traps for Settling Tax Disputes

This presentation will compare and contrast the key dispute resolution provisions in the Property Transfer Tax Act (BC), the Speculation and Vacancy Tax Act (BC), and the Employer Health Tax Act (BC) with those in the Income Tax Act (Canada), highlight nuanced differences between the provincial and federal provisions, and discuss tips and traps when dealing with provincial auditors.

Christopher Ross, DLA Piper (Canada) LLP, Vancouver
Max Weder, DLA Piper (Canada) LLP, Vancouver
5:20pm 5:30pm

 Question/Answer Period

5:30pm 7:30pm Networking Reception
Feeling a little "taxed" after Monday’s sessions? We’ve arranged something special to help you unwind. Join us for appetizers and drinks in the Ocean Foyer (West Level 2), for the chance to unwind and catch-up with colleagues.
Program is subject to change. Please check back frequently for the most up-to-date version

Tuesday, September 17, 2019

7:15am 8:15am Registration and Breakfast
Moderator: Soraya Jamal, Fasken, Vancouver
8:15am 9:15am

Planning for Divestiture Under TOSI

This session will review the application of the TOSI rules on the disposition of private company shares by a business owner, whether through a third-party sale, transition to family members or employees, or transfer or liquidation on death of the shareholder. The presentation will cover various issues arising from the application of TOSI and provide guidance on structuring sale transactions and implementing estate and succession planning for the private company business owner.

Shashi B. Malik, CPA, CA, TEP, Miller Thomson LLP, Calgary
9:15am 10:15am

Planning for Distribution Under TOSI

This session will review the application of the TOSI rules on the distribution of after-tax profits to shareholders of a private company. The presentation will go through the various exclusions to TOSI, discuss the impact of reorganizations or changes in the business on the availability of the exclusions, and bring you up to speed on recent CRA interpretations. The session will also cover tips and traps to be aware of where distributions are made through a holding company, trust or partnership, and will discuss structuring considerations for businesses with non-active shareholders.es and private companies.

Hugh Woolley, CPA, CA, Lewis & Company, CAs, Vancouver

10:15am 10:25am

 Question/Answer Period

10:25am 10:45am

 Refreshment Break

Moderator: Erin Swint, CPA, CA, Squire and Company, Abbotsford
10:45am 11:30am

Managing Risk in a Tax Practice

This session will highlight the commonalities and differences between tax practice by lawyers and CPAs, and the professional standard that both professions will be held to. You will learn some of the tools and practices to document your tax plan to meet your professional obligations and to keep the plan under the protection of privilege.  This session will also canvass the claims that often arise against tax professionals, as well as the ways the courts have interpreted limitation periods to allow for lengthy time frames under which a taxpayer can sue their tax professionals.  You will also receive practical advice on common areas of risk and how to discharge your duty of care and protect yourself when implementing a tax plan or providing advice.

Janet Gartner, Gudmundseth Mickelson LLP, Vancouver
Lorne Kotler,
Gudmundseth Mickelson LLP, Vancouver
11:30am 12:15pm

Don’t Wake-up a Sleeping Giant: A Review of Commonly Overlooked Tax Provisions

In tax planning and compliance, the ordinary is often overlooked. This session will highlight a potpourri of provisions that are often missed in common tax planning strategies.  This session is more than just about anti-avoidance provisions.   It will cover topics from the conferring of benefits on shareholders to specified partnership/corporate income to corporate tax on taxable preferred shares to the safe income determination time. The focus will be on highlighting provisions, CRA’s administrative practices and other interpretive issues.

Andrea S. Donohoe, Smetheram & Company, Vancouver
Lisa Heddema,
Smetheram & Company, Vancouver
12:15pm 12:25pm

 Question/Answer Period

12:25pm 1:30pm

 Lunch

1:30pm  2:10pm

What you Need to Know when a Canadian Business Expands into the US

With the recent changes to private corporation taxation coupled with the U.S. tax reform, the decision for a Canadian business to expand into the US has become increasingly complex and filled with potential pitfalls.This session offers a practical “checklist” approach, with a focus on issue identification, of what to watch out for from both US and Canadian tax perspectives for advisers dealing with clients expanding into the US.

Catherine (Cathie) Brayley,
Miller Thomson LLP, Vancouver
Sidhartha (Sid) Rao, MNP LLP, Surrey

2:10pm 2:50pm

Tax Planning Considerations in Shareholders Agreements 

Like wills, shareholder agreements are living documents that need periodic review to remain relevant to current circumstances. Changes to the tax system and business climate necessitate a review and potentially changes to various provisions within shareholder agreements.This session will cover a review of recent case law that impact shareholder agreements and updated planning considerations for shareholders agreements taking into account changes to the small business deduction regime, TOSI, and factual control, among other changes, to modernize shareholder agreements and provide optimal results for the parties involved.

William House, KPMG Law LLP, Vancouver
Carolyn MacDonald,
KPMG Law LLP, Vancouver

2:50pm 3:00pm

 Question/Answer Period 

3:00pm 3:20pm

 Refreshment Break

 
3:20pm 4:20pm

Tax Administrative Issues

Christopher Gimpel, Deloitte LLP, Vancouver
Additional Speakers: TBA

4:20pm 4:30pm

 Question/Answer Period

4:30pm Adjournment
Program is subject to change. Please check back frequently for the most up-to-date version

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