Events

62nd Annual Tax Conference

Sunday, November 28 - Tuesday, November 30, 2010
Hyatt Regency Hotel
655 Burrard Street, Vancouver

[Preliminary Program] [Timetable at a Glance]
[Program Committee]
[Fees] [Cancellation] [Hotel Accommodation]
[General Information]

***Online registration is closed***
Please register on-site in Vancouver

Register online
Registration form - PDF

PD Hours

  • The 2010 Annual Tax Conference has been pre-approved for professional purposes by the Law Society of British Columbia. Attendance will count as 16 hours of PD.
  • The 2010 Annual Tax Conference qualifies for 16 hours of PD for the Barreau du Québec

Early-Bird Deadline: Friday, October 29, 2010

CONFERENCE TIMETABLE AT A GLANCE

Sunday, November 28
EXTRACURRICULAR WORKSHOPS*
*(additional registration fee required, space is limited)

9:30 am - 12:00 pm

  • Workshop A: Tax Accounting Fundamentals (Under IFRS)
  • Workshop B: Canada-US Treaty: An Overview of Significant Provisions
  • Workshop C: ABCs of Section 55
  • Workshop D: FAPI Fundamentals
  • Workshop E: 88(1)(d) Bumps
  • Workshop F: Statutory Interpretation
  • Workshop G: Dispute Resolution 101
  • Workshop H: Death of an Owner-Manager

1:00 pm -
1:30 pm

Annual General Meeting
Welcome Address
Opening Remarks

PLENARY SESSION

1:30 pm -
2:30 pm

Keynote Address

Jeffrey Owens
Centre for Tax Policy and Administration, OECD

2:30 pm -
3:30 pm

Global Trends in Information Reporting and Canada's Approach
3:30 pm -
4:00 pm
Refreshment Break

4:00 pm -
5:15 pm

Current Cases

5:15 pm -
5:30 pm

Questions

5:30 pm Adjournment
Monday, November 29
CONCURRENT SESSIONS

STREAMS

CORPORATE TAXATION

INTERNATIONAL TAXATION

OTHER AREAS

8:15 am -
9:15 am

Privilege - Issues Surrounding Privilege for Tax Advice to Clients

Treaty Interpretation - Contrasting Views Among Tax Professionals and Tax Authorities

Trusts - Review of Current Developments

9:15 am -
10:15 am

Managing the Tax Function in an Age of Global Legislative Uncertainty

94.1 and NRTs - The Final Chapter?

HST - Post-Implementation Issues

10:15 am -
10:30 am
Questions Questions Questions
10:30 am -
11:00 am
Refreshment Break

11:00 am -
11:40 am

An Update on Mining Tax Issues

ULCs, LLCs - An Update

Judges' Panel - How to Present Evidence Effectively


11:40 am -
12:20 pm

Financial Services - GST/HST Issues

US Tax Developments

12:20 pm -
12:35 pm
Questions Questions Questions
12:35 pm -
2:00 pm
Lunch
CONCURRENT SESSIONS

STREAMS

CORPORATE TAXATION

INTERNATIONAL TAXATION

OTHER AREAS

2:00 pm -
2:40 pm

Selected Aspects of Corporate Control: Groups of Persons and Mutual Fund Trusts

Characterization of Entities, Instruments and Relationships – The Role of Legal and Economic Substance

Section 75(2) - Is CRA's Interpretation Appropriate?

2:40 pm -
3:20 pm

GAAR: A Planner's Perspective

Key Tax and Structuring Issues in Pan-Asian Outbound Investment

Update on Tax Issues for Charities and Not-for-Profits
3:20 pm -
3:35 pm
Questions Questions Questions
3:35 pm -
4:05 pm
Refreshment Break
4:05 pm -
4:45 pm
Duplication of Tax Attributes: A Comparative Consideration of Copthorne, Donohue and Others Transfer Pricing: Current Issues and Development Partnerships: An Update
4:45 pm -
5:25 pm
Transition to IFRS: Impact on Tax Calculations  Corporate Residence: Implications of Recent Cases in Canada and Abroad New Taxable Canadian Property Rules
5:25 pm -
5:45 pm
Questions Questions Questions
5:45 pm
Adjournment

Tuesday, November 30
CONCURRENT SESSIONS
STREAMS
CORPORATE TAXATION
INTERNATIONAL TAXATION
OTHER AREAS
8:00 am -
8:55 am
Recent Transactions of Interest Structuring Foreign Private Equity and Sovereign Fund Investments in Canada (With a Focus on Chinese and Indian Sovereign Investment in Canada) Canadian Tax Consolidation - A Review of Approaches Used in Other Countries - Lessons for Canada
8:55 am -
9:50 am
Tax Dispute Resolution – Is There a Better Way? Structuring Mining Development in Latin America SR&ED Update
9:50 am -
10:00 am
Questions
Questions
Questions
10:00 am - 10:30 am Refreshment Break
PLENARY SESSION
10:30 am - 11:00 am Department of Finance Update
11:00 am - 11:15 am Judicial Update form the Tax Court of Canada
11:15 am - 11:45 am

Canada Revenue Agency Update

11:45 am - 12:55 pm

CRA Roundtable

12:55 pm -
1:00 pm
Questions
1:00 pm Adjournment

 

PRELIMINARY PROGRAM

SUNDAY MORNING, NOVEMBER 28
EXTRACURRICULAR WORKSHOPS
NOTE: Extracurricular workshops offered on Sunday morning require an additional registration fee. They are not part of the conference registration. Attendance is limited.
9:30 am - 12:00 pm

Tax Accounting Fundamentals (Under IFRS) (WS-A)

Joseph Micallef, Ernst & Young LLP, Calgary
Allun Lee, Ernst & Young LLP, Vancouver

9:30 am - 12:00 pm

Canada-US Treaty: An Overview of Significant Provisions (WS-B)

Patrick McCay, McCarthy Tétrault LLP, Toronto
Jeff Oldewening, McCarthy Tétrault LLP, Toronto

9:30 am - 12:00 pm

ABCs of Section 55 (WS-C)

1) Review of the history and purpose of the section
2) Analysis of subsection 55(2)
3) Calculation of safe income
4) Common transactions and issues arising under paragraph 55(3)(a)
5) Alternatives to butterfly transactions

Danny Lang, Borden Ladner Gervais LLP, Toronto

9:30 am - 12:00 pm

FAPI Fundamentals (WS-D)

  • Purpose of the FAPI rules
  • Key concepts
    • Foreign Affiliates
    • Controlled Foreign Affiliates
  • Characterization of income of a foreign affiliate: general principles and deeming rules
  • Computation of FAPI
  • Overview of surplus rules and treatment of distributions by foreign affiliates
    Taxation of FAPI
  • Overview of rules governing foreign affiliate reorganizations
  • Proposed changes and the future of the foreign affiliate rules

Chris Van Loan, Blake, Cassels & Graydon LLP, Toronto
Sabrina Wong, Blake, Cassels & Graydon LLP, Toronto

9:30 am - 12:00 pm

88(1)(e) Bumps (WS-E)

  • 88(1)(c) vs 88(1)(d) - The basics of the bump denial and bump computation rules
  • The rules of 88(1)(d) - Their operation and purpose
  • Examples - How to apply 88(1)(d) to real transactions
  • Trips/traps - Issues to be aware of when using 88(1)(d)
  • Bumping a foreign affiliate - Changes to 88(1)(d) resulting from proposed legislation

Eoin Brady, PricewaterhouseCoopers LLP, Toronto
Erdem Erinc, PricewaterhouseCoopers LLP, Toronto

9:30 am - 12:00 pm

Statutory Interpretation (WS-F)

David G. Duff, Faculty of Law, University of British Columbia, Vancouver
Dean Kraus, Stikeman Elliott LLP, Toronto

9:30 am - 12:00 pm

Dispute Resolution 101 (WS-G)

This workshop is intended to provide tax professionals with a practical overview of the field of tax dispute resolution. In addition to covering the "classic" tax litigation context (audit - CRA Appeals - Tax Court), the instructors will also cover other avenues for resolving controversial tax matters, including voluntary disclosures, fairness applications and court-ordered rectification. Although some technical areas will be covered, the emphasis will be on practical instruction and a number of sample problems will be reviewed and discussed with participants during the workshop. Time permitting, general topics covered will include the following:

  • The Tools of the Trade (identifying and quantifying the issue and evaluating the options available for resolution; penalties and derivative assessments; voluntary disclosures; fairness applications; rectification).
  • Managing a CRA Audit (overview of CRA investigatory powers; normal reassessment periods and waivers; preparing for an audit and communicating with CRA auditors; protecting/asserting privilege; making submissions; dealing with the risks of penalties and prosecution).
  • Notices of Objection and the Appeals Process (drafting Notices of Objection; special rules relating to large corporations; dealing with CRA Appeals; principled settlements).
  • Tax Court Appeals (informal vs general procedure; the role and importance of pleadings; settlements and court costs; the Tax Court process).

This workshop will be particularly useful for young tax advisors interested in developing an expertise in dispute resolution, tax advisors who manage audits/appeals and encounter controversial tax issues in the course of practice, and tax professionals generally interested in increasing their comfort and facility for dealing with tax authorities in all contexts.

David Graham, Koffman Kalef LLP, Vancouver
David Muha, Stikeman Elliott LLP, Toronto

9:30 am - 12:00 pm

Death of an Owner-Manager (WS-H)

Michael Stubbing, Grant Thornton LLP, Victoria
Phil Ross, Grant Thornton LLP, Langley
Kay Gray, Grant Thornton LLP, Vancouver

SUNDAY AFTERNOON, NOVEMBER 28
OPENING SESSION
1:00 pm - 1:30 pm Annual General Meeting
Welcome Address
Opening Remarks
PLENARY SESSION

1:30 pm - 2:15 pm

Keynote Address

Jeffrey Owens
Centre for Tax Policy and Administration, OECD

2:30 pm - 3:30 pm

Global Trends in Information Reporting and Canada's Approach

United States

  • Focus on transparency
  • Part of overall corporate governance framework
  • Extension from the reportable transaction regime
  • Corporate Filers
  • Individuals
  • Additional business reporting regarding transactions
  • Audit efforts for Corporations
  • Quality of Tax Preparers

Australia

  • Risk differentiation for larger business
  • Information sharing agreements with other countries
  • Impact of ATO’s decentralized model
  • IFRS impact on disclosure

UK

  • The approach to Business Risk Assessment by HM Revenue & Customs in the UK (DH)
  • Discussion around the new risk assessment template from HMRC (DH)
  • Electronic filing and iXBRL (data mining by HMRC)

Greg Wiebe, KPMG LLP, Toronto
Richard Harvey, Villanova Law School (and formerly Senior Advisor to IRS Commissioner Shulman)
David Drummond, KPMG LLP, Sydney (Australia)
Paul Harrison, KPMG LLP, London
Larry Langdon, Mayer Brown, Palo Alto

3:30 pm - 4:00 pm
Refreshment Break
Sponsored by KPMG LLP

4:00 pm - 5:15 pm Current Cases

Ed Kroft, QC, Blake, Cassels & Graydon LLP, Vancouver
Al Meghji, Osler, Hoskin & Harcourt LLP, Toronto
Robert Carvahlo, Department of Justice Canada, Vancouver
Timothy Duholke, Davis LLP, Vancouver
5:15 pm - 5:30 pm Questions
5:30 pm Adjournment

 

Sunday Evening Reception

Please join us at "FMC Stadium" as we kick-off the 62nd Annual Tax Conference
by celebrating one of Canada's greatest traditions…the 98th annual Grey Cup!

Sunday, November 28th
5:30p.m. - 8:00 p.m.
Hyatt Regency Plaza Ballroom (2nd floor)

We hope that you will join us for festivities, food, fellowship and fun at this indoor tailgate party.

Hosted by
Fraser Milner Casgrain LLP

MONDAY MORNING, NOVEMBER 29

Breakfast
(7:00 am - 8:00 am)

Hosted by
PricewaterhouseCoopers LLP


CONCURRENT SESSION (CS-1)
CORPORATE TAXATION
8:15 am - 12:35 pm
8:15 am - 9:15 am

Privilege - Issues Surrounding Privilege for Tax Advice to Clients, Disclosure of Opinions to Auditors, Common Interest Privilege

  • History of Privilege
  • Forms of Privilege
    • Solicitor-Client
    • Litigation Privilege
    • Other Privileges
  • Recent U.K. and European Jurisprudence
  • U.S. Position
  • Other Positions

Brian Carr, Moskowitz & Meredith LLP, Toronto
Rosemarie Wertschek, QC, McCarthy Tétrault LLP, Vancouver

9:15 am - 10:15 am

Managing the Tax Function in an Age of Global Legislative Uncertainty

The panel will consider, develop and discuss the challenges for both tax managers and practicing tax advisers raised by the topic title - but in the wider ambit, context and parameters arising from and established by the following questions

  • at what point does "fiscal uncertainty" transcend into the more troublesome and invasive sphere of "fiscal anarchy"?
  • and what are the nature, root causes and examples of such ( i.e. administrative, judicial and legislative) anarchy"?

Nathan Boidman, Davies Ward Phillips & Vineberg LLP, Montreal
Alan Wheable, TD Bank Financial Group, Toronto

10:15 am - 10:30 am Questions
10:30 am - 11:00 am Refreshment Break
11:00 am - 11:40 am

An Update on Mining Tax Issues (Brownfield Mines, flow-through shares)

Brownfield Exploration

  • Short description of CEE, CDE, PPME (note comfort letters for partnership) and ACCA
  • Application of new mine jurisprudence to typical brownfield situation
  • Department of Finance/MAC – nothing going on this front

Local Community and First Nations Issues

  • Treatment of consulting costs
  • Treatment of financial payments under IBAs, including NPIs and NSRs

M&A Issues in Mining Industry

  • The market transaction
  • Post-acquisition restructuring – Canadian properties
  • Post-acquisition restructuring – Foreign properties
  • Deferred tax accounting issues stemming from M&A that are unique to the mining industry

Non-Dilutive Financing Options

  • Offtakes
  • Royalties
  • Metal Stream transactions

Recent Legislative Changes

Michael Colborne, Thorsteinssons LLP, Toronto
Mark Ruus, Goldcorp Inc., Vancouver

11:40 am - 12:20 pm

Financial Services - GST/HST Issues

The past 12 months have been rather momentous for financial institutions and those impacted by the application of GST/HST to financial services.  This presentation will address the major developments that have occurred during that time and provide some thoughts as to the status of related open issues and how these developments may play out in the years to come.  The presentation will focus particularly on the significant amendments to the definition of “financial service” as initially announced by the Department of Finance on December 14, 2009 through to its enactment in Bill C-9 on July 12, 2010.  The other major development that will be addressed in the presentation is the implementation of HST in Ontario and British Columbia effective July 1, 2010 and its impact on financial institutions that operate nationally.  An overview of the rules and matters still to be resolved will be covered in this part of the presentation.  Finally, there will be a brief summary of the other long-awaited changes to the Excise Tax Act (ETA) affecting financial institutions that were announced as far back as 2005 and included in Bill C-9.  Among these changes are rules dealing with the claiming of input tax credits, self-assessment on cross-border transactions, rebates in respect of GST paid on employer pension plan costs and the requirement to file an annual information return.

Danny Cisterna, Deloitte & Touche LLP, Toronto
12:20 pm - 12:35 pm Questions
12:35 am - 2:00 pm Lunch

CONCURRENT SESSION (CS-2)
INTERNATIONAL TAXATION
8:15 am - 12:35 pm
8:15 am - 9:15 am Treaty Interpretation - Contrasting Views Among Tax Professionals and Tax Authorities

Shawn Porter, Deloitte & Touche LLP, Toronto
Joel Nitikman, Fraser Milner Casgrain LLP, Vancouver
Peter Blessing, Shearman & Sterling, New York
Edward Stuart, HM, Inspector of Taxes, CAR Personal Tax International, London (UK)
Professor Robert Deutsch, Atax UNSW, KPMG LLP, Sydney (Australia)
9:15 am - 10:15 am

94.1 and NRTs - The Final Chapter

Personal Trusts

This portion of the presentation will highlight the main changes of the August 27, 2010 proposals as compared to past proposals and the current enacted rules. In particular, this portion will discuss:

  • Why the changes were necessary including a brief discussion of background and problems with old rules as well as problems with past proposed changes to the rules.
  • Highlights of new rules including discussion on resident portion, foreign tax credit relief, Income Tax Conventions Interpretation Act amendment, deemed contribution rules and indirect transfers, and immigration trust exception.
  • A somewhat detailed discussion of some of the proposed rules such as rules for computation of resident portion, and debts incurred by trust.
  • A somewhat detailed discussion of proposed rules such deemed transfers for services and other indirect contributions as how these transfers relate to the computation of resident portion.
  • Discuss 2 or 3 examples as to how these proposed rules apply to some common situations.

Commercial Trusts and Offshore Investment Funds

This portion will review the application of the exemption for commercial trusts, including

  • the elements of the exemption and the changes from earlier versions of the draft legislation and from the March 2010 Budget,
  • issues related to the meaning of “discretionary power” and to indirect contributions, and
  • the concept of a bare trust in the international context.

There will also be a discussion of the taxation of investments in offshore investment funds under s. 94.1, including

  • the meaning of “portfolio investments” and “one of the main purposes”, and
  • policy issues and proposals to revise the provisions.
Bruce Harris, PricewaterhouseCoopers LLP, North York
Paul Tamaki, Blake, Cassels & Graydon LLP, Toronto
10:15 am - 10:30 am Questions
10:30 am - 11:00 am Refreshment Break
11:00 am - 11:40 am

ULCs, LLCs - An Update

  • Refresher on Fifth Protocol Canada-U.S. Treaty Changes, with emphasis on those changes affecting ULCs and LLCs.
  • Discussion of practical issues and solutions for ULCs and LLCs resulting from the treaty changes.
  • Update on important recent CRA statements of position.
  • Note on other tax and corporate law amendments relevant to ULCs and LLCs.
  • Reflections on the TD Securities and Swift decisions – Is an LLC a resident for treaty purposes?  Is an LLC a corporation or a partnership?  What opportunities should one be mindful of?

Anthony Strawson, Felesky Flynn LLP, Calgary
Jeffrey Blucher, McInnes Cooper, Halifax

11:40 am - 12:20 pm

US Tax Developments (including the codification of economic substance - a review of common transactions and potential new risks)

Tony Swiderski, KPMG LLP, Vancouver
Charles Purcell, K&L Gates, Seattle
12:20 pm - 12:35 pm Questions
12:35 pm - 2:00 pm Lunch
CONCURRENT SESSION (CS-3)
OTHER AREAS
8:15 am - 12:35 pm
8:15 am - 9:15 am

Trusts - Review of Current Developments

  • Trust residency after Garron
  • Implications of the Antle case
  • CRA’s audit project on personal trusts
  • Best practices in the formation of domestic family trusts

Jim Cruickshank, Stewart McKelvey, Halifax

9:15 am - 10:15 am

HST - Post-Implementation Issues

David Robertson, Fasken Martineau DuMoulin LLP, Vancouver
Darren Taylor, Grant Thornton LLP, Vancouver
W. Jack Millar, Millar Kreklewetz LLP, Toronto

10:15 am - 10:30 am Questions
10:30 am - 11:00 am Refreshment Break
11:00 am - 12:20 am

Judges' Panel – How to Present Evidence Effectively

The Honourable Mr. Justice Marshall Rothstein, Supreme Court of Canada
The Honourable Karen Sharlow, Federal Court of Appeal
The Honourable Eugene Rossiter, Associate Chief Justice, Tax Court of Canada
The Honourable Wyman Webb, Tax Court of Canada
Wilfird Lefebvre, Q.C., Ogilvy Renault
Cheryl A. Gibson, FCA, Fraser Milner Casgrain LLP

12:20 pm - 12:35 pm Questions
12:35 pm - 2:00 pm Lunch

Monday Morning Refreshment Break
Sponsored by Blake, Cassels & Graydon LLP

Monday Luncheon

Guest Speaker:

The Honourable Colin Hansen,
Minister of Finance and Deputy Premier for British Columbia

Hosted by Carswell, a Thomson Reuters business
and McCarthy Tétrault LLP

 

 


MONDAY AFTERNOON, NOVEMBER 29
CONCURRENT SESSION (CS-4)
CORPORATE TAXATION
2:00 pm - 5:45 pm
2:00 pm - 2:40 pm

Selected Aspects of Corporate Control: Groups of Persons and Mutual Fund Trusts

  • an overview of control and the consequences of an acquisition of control;
  • a discussion of the case law regarding control by a “group of persons”, and the application of the resulting principles to certain scenarios (e.g., whether debenture holders constitute a group of persons in determining whether an acquisition of control occurs);
  • consideration of acquisition of control as it relates to mutual fund trusts, including a discussion of the role of a trust deed, and whether control of a trust’s property can be vested in unitholders; and
  • a critical analysis of the relevant provisions in subsection 256(7), with an emphasis on proposed paragraphs 256(7)(c.1) and (g).
Craig McDougall, QC, Felesky Flynn LLP, Calgary
Gail Lai, CA, Felesky Flynn LLP, Calgary
2:40 pm - 3:20 pm

GAAR: A Planner's Perspective

The paper will review, primarily from the perspective of a tax planner (as opposed to a tax litigator) where we are, after more than 20 years, in relation to the general antiavoidance rule.

The paper will review the following topics:

  • What should the GAAR to do?;
  • What are the implications of the GAAR being outside the self assessment
    system?;
  • What do we now know about “tax benefits” and “avoidance transactions”
    and what are the emerging issues around these terms?; and
  • When is there a “misuse or abuse” and what are the implications of the
    Supreme Court’s “textual, contextual and purposive” guidelines on
    interpretation?

The paper will review the GAAR cases that have been released by the courts since the 2010 National Tax Conference. The paper will explore some reference points that have been established by the GAAR jurisprudence to date: what particular transactions are or are not abusive and, more broadly, in what areas of tax planning does the GAAR jurisprudence present an emerging coherent (or incoherent) scheme?

Doug Powrie, Borden Ladner Gervais LLP, Vancouver
3:20 pm - 3:35 pm Questions
3:35 pm - 4:05 pm
4:05 pm - 4:45 pm

Duplication of Tax Attributes: A Comparative Consideration of Copthorne, Donohue and Others

Mark Meredith, Moskowitz & Meredith LLP, Vancouver
Nancy Diep, Moskowitz & Meredith LLP, Vancouver

4:45 pm - 5:25 pm

Transition to IFRS: Impact on Tax Calculations

  • Background
  • Insights
  • Significant Adoption Considerations
  • Key Differences between IAS12 and CGAAP
    • Model for Calculating Deferred Taxes
    • Intended Method of Realization
    • Exceptions
    • Initial Recognition Exemption
    • Unrealized Fx on Non-monteray Assets/ Liabilities
    • Intercompany Transactions
    • Backwards Tracing
    • Uncertain Tax Positions
    • IAS 12 Project Updates
    • Key IAS 12 Income Tax Presentation Matters
    • New Note Disclosures and Impact on Tax Risks
    • Treatment of Outside Basis Differences
  • Tax Accounting Process Challenges [including timeline]
  • New Demands for Tax Information
  • CRA views on IFRS
  • Pre-Tax Issues
Bonnie Dawe, Finning International Inc., Vancouver
Fraser Gall, Ernst & Young LLP, Toronto
5:25 pm - 5:45 pm
Questions
5:45 pm Adjournment
CONCURRENT SESSION (CS-5)
INTERNATIONAL TAXATION
2:00 pm - 5:45 pm
2:00 pm - 2:40 pm

Characterization of Entities, Instruments and Relationships – The Role of Legal and Economic Substance

  • Understanding the terminology
    • "legal substance”, “legal form”, “economic substance”, “substance over form”, “sham”, “business purpose”, “step transaction”, etc.
    • Tax mitigation, tax avoidance and tax evasion
  • What are the significant guiding principles?
    • The rule of law and the freedom of contract
    • Certainty and predictability
    • Equality and fairness
    • Institutional boundaries and the role of the judiciary
  • Overview of experiences in certain jurisdictions, including:
    • Canada
    • United States
    • United Kingdom
    • Australia
  • Reflections on the appropriate role of legal and economic substance in tax law
    • Ideological and practical considerations

Nik Diksic, Ernst & Young LLP, New York

2:40 pm - 3:20 pm

Key Tax and Structuring Issues in Pan-Asian Outbound Investments

  • Select issues of investing into India and Russia
  • A Case study of Canadian outbound investment into China under the following scenarios
    • Direct to China
    • Indirect to China via holding companies such as HK and Singapore
    • Overlay financing structure through intermediaries
  • Focus on the following technical rules throughout the case study:
    • Beneficial ownership (Cdn and Chinese)
    • Residency (Cdn and Chinese)
    • PE & effective place of management (Cdn and Chinese)
    • TP (Cdn and Chinese)
    • Corp reorg rules (Chinese)
    • Exit and repatriation, Indirect share disposition rule (Chinese circular 698)
    • Cdn FA regime
  • Practical issues with investing in China
    • Common PRC investment vehicles
    • Capital requirement, debt and equity financing
    • Forex control and fund repatriation
    • PRC domestic tax issues and compliance requirements

Bill Lau, KPMG LLP, Vancouver
Harriet Man, KPMG LLP, Vancouver
Roger Di, KPMG China, Beijing

3:20 pm - 3:35 pm Questions
3:35 pm - 4:05 pm
4:05 pm - 4:45 pm

Transfer Pricing – Current Issues and Development

Caselaw: The "Arm's Length Principle"

  • Canada:
    • Glaxo
    • GE
  • US and Other
    • Xilinix
    • Synantec/Veritas—Buy-in Payments
    • DSG (UK)
    • Dell (Sweden)—Commissionaire structure

Legislative Developments

  • Canada:
    • Incorporation of transfer pricing concepts into NRT rules
  • US and Other
    • US Service Regulations—impact on Canada
    • Australian Thin Cap—relevance to Canada

OECD Developments

  • Chapter 3: Comparability Adjustments/Transactional Profits Methods
  • Chapter 9: Business Restructuring—implications for Canadian transfer pricing
  • Ongoing Projects

Administrative Developments

  • Canada
    • No new TPMs or ICs: expected developments
    • Proposed Arbitration MOU with the United States—impact of arbitration on MAP cases
  •  
    • US limits on APA Rollback
    • Other?
John Oatway, Ernst & Young LLP, Montréal
Blake Murray, Osler, Hoskin & Harcourt LLP, Toronto
4:45 pm - 5:25 pm

Corporate Residence: Implications of Recent Cases in Canada and Abroad

  • Why is this important?
  • What is the case law telling us?
    Brief reminder of prior case law (De Beers, Tara Exploration, Wood v. Holden)
    Discussion of recent cases (by date):
    • Laerstate BV (decision August 11, 2009; appeal hearing December 13-15, 2010)
    • Garron Family Trust (St. Michael Trust) (decision September 10, 2009; appeal hearing September 30, 2010)
    • 1143132 Ontario Ltd. (decision September 25, 2009; no appeal)
    • Smallwood & Anor (decision July 8, 2010; no appeal)
      3. What is the OECD telling us?
  • What are the emerging (and continuing) themes?
  • What CRA questionnaires have been sent in the past; what are the emerging (continuing) ‘best practices’?
  • Practical examples
Ian Gamble, Thorsteinssons LLP, Vancouver
Albert Baker, Deloitte & Touche LLP, Vancouver
5:25 pm - 5:45 pm Questions
5:45 pm Adjournment
CONCURRENT SESSION (CS-6)
OTHER AREAS
2:00 pm - 5:45 pm
2:00 pm - 2:40 pm

Section 75(2) - Is CRA's Interpretation Appropriate?

Elie Roth, Davies Ward Phillips & Vineberg LLP, Toronto
Tim Youdan, Davies Ward Phillips & Vineberg LLP, Toronto
2:40 pm - 3:20 pm

Update on Tax Issues for Charities and Not-for-Profits

This presentation will focus on recent developments affecting charities and not-for-profit organizations.  Specifically, the session will review the recent changes to the disbursement quota and how these changes will affect Canadian registered charities.  The session will also review a recent policy shift on the part of the Canada Revenue Agency with respect to its treatment of profits earned by corporations claiming the non-profit exemption pursuant to paragraph 149(1)(l) of the Income Tax Act.  The session will close with a review of the current state of Canadian charitable donation tax shelters and the CRA’s efforts to reassess all participants in Canadian shelters.

Robert Hayhoe, Miller Thomson LLP, Toronto
Amanda Stacey, Miller Thomson LLP, Toronto
3:20 pm - 3:35 pm Questions
3:35 pm - 4:05 pm Refreshment Break
4:05 pm - 4:45 pm

Partnerships: An Update

This session will review legislative, administrative, treaty and judicial developments affecting the use of partnerships in business structuring and tax planning. Recent developments include: the Canada Revenue Agency's enhanced audit activities relating to partnerships, which will be aided by newly announced reporting requirements; various technical amendments to address anomalies in the rules; clarification of the application of the SIFT partnership rules in certain private partnership structures; case law on section 103 and partnership freezes.

Genevieve Lille, PricewaterhouseCoopers LLP, Toronto
Liz Johnson, PricewaterhouseCoopers LLP, Toronto
4:45 pm - 5:25 pm

New Taxable Canadian Property Rules

The 2010 federal budged introduced new restrictions on Canada's jurisdiction to tax capital gainsrealized by non-residents. This is long-sought relief for private equity investors and bringsCanada in line with other developed countries. While these amendments are welcome, thereremain, a number of interpretive issues and potential traps for tax planners. This session wilreview these new rules and discuss relevant planning opportunities.

Alan Bowman, Goodmans LLP, Toronto
5:25 pm - 5:45 pm Questions
5:45 pm Adjournment

Monday Afternoon Refreshment Break
Sponsored by Felesky Flynn LLP


Monday Night Reception


Vancouver Art Gallery
Rooftop Pavilion
750 Hornby Street, Vancouver
6:00 – 8:00 p.m.

Hosted by
Osler, Hoskin & Harcourt LLP

 

 

TUESDAY MORNING, NOVEMBER 30

Breakfast
(7:00 am – 8:00 am)


Hosted by
Thorsteinssons LLP


CONCURRENT SESSION (CS-7)
CORPORATE TAXATION
8:00 am – 10:00 am
8:00 am - 8:55 am

Recent Transactions of Interest

Doug Cannon, McCarthy Tétrault LLP, Toronto
Warren Pashkowich, CA, Ernst & Young, Calgary

8:55 am - 9:50 am

Tax Dispute Resolution – Is There a Better Way? Theme: In absolute terms (and also relative to other countries), Canada appears to have many tax disputes and much tax litigation. What legal, administrative or operational issues drive this, how do other jurisdictions manage their tax controversy, and what recommendations can be put forward as practical solutions?

Pressure points and off-ramps in the Canadian system, including observations/anecdotes/statistics:

  • compliance (filing of returns/information)
  • audit/examination (verification of compliance)
  • administrative independent review (notice of objection)
  • judicial independent review (appeal)

Other Jurisdictions - Comparative analysis

CRA views and panel recommendations on possible new approaches:

  • pre-filing communication (publications, interpretations, rulings)
  • real-time communication (enhanced relationships)
  • organizational structure and behavior (including policies)
  • legislative issues – no requirement to pay disputed amounts, Tax Court of Canada informal hearing thresholds
  • Alternative dispute resolution
  • Others?

Carman R. McNary, Q.C., Fraser Milner Casgrain LLP, Edmonton
Paul Lynch, KPMG LLP, Ottawa
Anne-Marie Levesque, Assistant Commissioner, Appeals Branch, Canada Revenue Agency, Ottawa

9:50 am - 10:00 am Questions
10:00 am - 10:30 am Refreshment Break
CONCURRENT SESSION (CS-8)
INTERNATIONAL TAXATION
8:00 am – 10:00 am
8:00 am - 8:55 am

Structuring Foreign Private Equity and Sovereign Fund Investments in Canada (with a Focus on Chinese and Indian Sovereign Investment in Canada)

Chris Roberge, CA, Deloitte & Touche LLP, Hong Kong
Tan Ong, Deloitte & Touche LLP, Montréal
8:55 am - 9:50 am Structuring Mining Development in Latin America

John Gravelle, PricewaterhouseCoopers LLP, Toronto
Loreto Pelegri, PricewaterhouseCoopers Chile, Santiago
Jaime Andrade, PricewaterhouseCoopers LLP, Rio de Janeiro
Carlos Motemayor, PricewaterhouseCoopers LLP, Mexico City
9:50 am - 10:00 am

Questions

10:00 am - 10:30 am Refreshment Break
CONCURRENT SESSION (CS-9)
OTHER AREAS
8:00 am – 10:00 am
8:00 am - 8:55 am

Canadian Tax Consolidation – A Review of Approaches Used in Other Countries - Lessons for Canada

The March 2010 federal budget announced the government’s commitment to explore whether new rules for taxing corporate groups, possibly through the introduction of a formal system of loss transfers or consolidated reporting, would improve the functioning of the tax system. With this announcement, Canada is revisiting a possible change to its tax system that was last discussed over 25 years ago!!

This session will look at the history of loss transfer or consolidated reporting in Canada, including a brief review of the current administrative practices of the Canada Revenue Agency with respect to the treatment of losses within corporate groups.  We will examine corporate group taxation systems in certain other jurisdictions to determine the global lessons for Canada as it embarks on this discussion. As well, we will consider some of the key questions that must be addressed, including provincial tax issues, in deciding the sort of system that would be most appropriate for Canada and whether the time has indeed come for Canada to adopt a more formal system.

Jeff Johns, PricewaterhouseCoopers LLP, Toronto
Nick Pantaleo, PricewaterhouseCoopers LLP, Toronto

8:55 am - 9:50 am

SR&ED Update

Joanne Hausch, Deloitte & Touche LLP, Vancouver
Natan Aronshtam, Deloitte & Touche LLP, Toronto

9:50 am - 10:00 am

Questions

10:00 am - 10:30 am Refreshment Break
PLENARY SESSION
10:30 am - 1:00 pm
10:30 am - 11:00 am Department of Finance Update
11:00 am - 11:15 am Judicial Update from the Tax Court of Canada
11:15 am - 11:45 am Canada Revenue Agency Update
11:45 am - 12:55 pm CRA Roundtable

Kay Gray, Grant Thornton LLP, Vancouver
David Thompson, Thorsteinssons LLP, Vancouver
Wayne Adams, Canada Revenue Agency, Ottawa
Richard Montroy, Canada Revenue Agency, Ottawa

12:55 pm - 1:00 pm Questions
1:00 pm Adjournment

Tuesday Morning Refreshment Break

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Program Committee
Albert Baker
Deloitte & Touche LLP
Rod Bergen
The Jim Pattison Group
Tom Boddez
Thorsteinssons LLP
Bonnie Dawe
Finning International Inc.
David G. Duff
Faculty of Law, University of British Columbia
Tim Duholke
Davis LLP
Dave Graham
Koffman Kalef
Kay Gray
Grant Thornton LLP
Bill Holms
PricewaterhouseCoopers LLP
Joel Nitikman
Fraser Milner Casgrain LLP
Janette Pantry
Blake, Cassels & Graydon LLP
Walter Pela
KPMG LLP
Doug Powrie
Borden Ladner Gervais LLP
Ron Voyer
Ernst & Young LLP
Rosemarie Wertschek
McCarthy Tétrault LLP

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General Information

INDIVIDUAL REGISTRATION
This registration is intended for only one individual. Sharing an individual registration between two or more individuals is not permitted.

ADMISSION TO SESSIONS AND WORKSHOPS
Please note that admission to sessions and functions will be restricted to individuals wearing a conference name badge. Attendees must wear their name badge at all times in order to participate in conference activities.

AUDIO TAPING
Foundation policy does not permit the use of recording devices in any session.

CELLULAR PHONES
As a courtesy to fellow attendees and speakers, the meeting rooms are designated as "cell free zones." Please be sure to turn off your cellular telephones while in session rooms.

DRESS CODE
All conference attendees are encouraged to dress business casual. We recommend that you bring a sweater or jacket to the sessions because room temperatures and personal comfort zones vary widely.

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Fees


Registration Fees
Early-Bird Member
(registration received and paid on or before October 29, 2010)
$ 895
Full-time Government Employee
$ 640
Full-time Academic Member
$ 300
Member
(member rate after October 29)
$ 995
Full-time Student Member
$ 100
Young Practitioner Member
(Individuals who have been in practice for up to 6 years)
$ 595
Extracurricular Workshop — Sunday AM: Capacity is limited.
$ 125
Non-Member
Note: investing in a one-year membership, plus the member's registration fee for this conference, equals the same amount as paying the non-member's fee.
$1320
Notes: (1) All conference registrations include one admission badge to technical sessions, handouts, and access to conference papers on the CTF website as they become available. (2) Registrations cannot be processed unless accompanied by payment. (3) All sessions presented in English, unless otherwise noted.

Hotel Accommodation

The Foundation has reserved a block of rooms at the Hyatt Regency Hotel. Please book your room online. This room block, reserved for registrants attending the conference at discounted group rates, will be held until Monday, November 1, 2010.

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Substitution/Cancellation

If the originally registered individual is unable to attend the conference, registration may be transferred to one other individual. The name of the substituted delegate can be submitted to the Foundation's Toronto office up until three business days prior to the start of the conference. After that, the substitution will be accepted when the conference registration desk opens at the conference site.

If a substitution is not an option, written notice of cancellation will be accepted by the conference department at the Foundation's Toronto office until 5:00 pm EST on Friday, November 19, 2010. Individuals who cancel their registration prior to this deadline will receive a refund, less a $125 administration fee, at the conclusion of the conference. We regret that we can not issue refunds for notices of cancellation received after the deadline.

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6/23/2018 1:47:50 PM