The Government of Canada advanced its clean energy agenda in the 2024 Fall Economic Statement (FES 2024) by expanding and providing further guidance on several key clean economy investment tax credits (ITCs) designed to...more
In Budget 2024, the Government of Canada continued their drive to implement government incentives aimed at decarbonizing the economy through providing further clarification and design details for the Clean Electricity...more
4/22/2024
/ Canada ,
Clean Energy ,
Clean Tech ,
Electric Vehicles ,
Electricity ,
Energy Projects ,
Environmental Social & Governance (ESG) ,
Federal Budget ,
Green Energy ,
Green Technology ,
Sustainability ,
Tax Credits
On April 3, 2024, the Alberta Government released additional details on the Alberta Carbon Capture Incentive Program (ACCIP), which will support and accelerate the development of new carbon capture, utilization and storage...more
On Tuesday, December 20, 2023, the Federal Government delivered an early Christmas gift for clean hydrogen and clean manufacturing related businesses (and tax practitioners) by releasing proposed legislation for the...more
On Tuesday, November 28, the Federal Government released a Notice of Ways and Means Motion for the implementation of certain provisions of the November 2023 Fall Economic Statement and March 2023 Budget. On the same day, the...more
On August 4, 2023, the Federal Government released proposed legislation for the Clean Technology Investment Tax Credit (Clean Tech ITC), as proposed by the 2022 Fall Economic Statement (the 2022 FES) and as modified by Budget...more
The Government of Canada continued their drive to decarbonize the economy through the use of the carrot rather than the stick in Budget 2023 by announcing two new investment tax credits...more
3/31/2023
/ Canada ,
Clean Energy ,
Clean Tech ,
Electricity ,
Energy Projects ,
Federal Budget ,
Green Finance ,
Green Technology ,
Hydrogen Power ,
Investment ,
Tax Credits
Key Highlights -
- Proposed 30 percent refundable Clean Technology Investment Tax Credit.
- Proposed refundable Clean Hydrogen Investment Tax Credit.
- Further details and consultations are forthcoming.
-...more
11/16/2022
/ Canada ,
Clean Energy ,
Climate Change ,
Corporate Taxes ,
Energy Sector ,
Hydrogen Power ,
Investment Tax Credits ,
Sustainability ,
Sustainable Finance ,
Sustainable Projects ,
Tax Planning
The 2022 Canadian Federal Budget, released on April 7, 2022, sets the fundamental groundwork of the Government of Canada's goals for national economic development. Following Canada's announcement of its 2030 Emissions...more
On November 26, 2021, the Supreme Court of Canada (the SCC) released its highly anticipated decision in Canada v Alta Energy Luxembourg SARL, 2021 SCC 49 [Alta Energy Lux], that addressed treaty-based holding structures and...more
On December 16, 2020, the Department of Finance released draft legislation aimed at providing relief to resource companies that had issued (or will issue prior to the end of 2020) "flow-through shares" (FTS) by extending the...more
The clock is ticking for multinational enterprises and private equity firms with investments in the Canadian resource sector as anti-treaty shopping measures in the OECD's Multilateral Convention to Implement Tax Treaty...more
This piece was updated on April 2, 2020.
As part of Canada's COVID-19 Economic Response Plan announced on March 18, 2020, and through subsequent press releases, the Department of Finance and the Canada Revenue Agency have...more
Since March 18, 2020, the following updates have been released by the Government of Alberta and the Canada Revenue Agency (CRA) regarding their respective economic relief plans to help mitigate the effects of the COVID-19...more
On March 18, 2020, the federal government announced Canada's COVID-19 Economic Response Plan, containing a number of measures to be implemented by the Department of Finance to help manage the financial hardships Canadians are...more
On February 12, 2020, the Federal Court of Appeal (FCA) in Canada v Alta Energy Luxembourg S.A.R.L., 2020 FCA 43 [Alta Lux] concluded that the Canada-Luxembourg tax treaty (Can-Lux Treaty) was not abused when a Luxembourg...more
2/27/2020
/ Anti-Avoidance ,
Capital Gains ,
Corporate Taxes ,
GAAR ,
Income Taxes ,
International Tax Issues ,
OECD ,
Principal Purpose Test ,
Private Equity Firms ,
Tax Treaty ,
Withholding Tax
On August 29, 2019, Canada completed its domestic ratification of the OECD-sponsored Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the MLI). As noted in our...more
On May 29, 2019, Darcy Moch, Greg Johnson and Jared Mackey of Bennett Jones participated on a witness panel before the Standing Senate Committee on Foreign Affairs and International Trade to discuss the application of Bill...more
5/31/2019
/ Anti-Avoidance ,
BEPS ,
Canada ,
Capital Gains ,
Energy Sector ,
Foreign Investment ,
International Tax Issues ,
OECD ,
Private Equity Firms ,
Tax Treaty ,
Withholding Tax
Tax-efficient holding structures commonly used by multinational enterprises and private equity firms investing in the Canadian resource sector could soon become subject to anti-treaty shopping measures contained in the...more
4/4/2019
/ Anti-Avoidance ,
Capital Gains ,
Foreign Investment ,
International Tax Issues ,
Multilateral Agreement ,
OECD ,
Principal Purpose Test ,
Private Equity Firms ,
Ratification ,
Tax Agreements ,
Tax Treaty
Roughly one year after U.S. tax reform, the Department of Finance has introduced amendments to Canada's income tax laws aimed at encouraging investment in Canada. The proposed changes included in the Fall Economic Statement...more
12/5/2018
/ Canada ,
Charitable Donations ,
Corporate Taxes ,
Foreign Investment ,
Incentives ,
Income Taxes ,
Investment Tax Credits ,
Mineral Exploration ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Incentives
The Tax Court of Canada recently held, in Alta Energy Luxembourg SARL v R, 2018 TCC 152, that a Luxembourg S.A.R.L was entitled to treaty benefits on capital gains and that the general anti-avoidance rule ("GAAR") did not...more
Since the decision of the Supreme Court of Canada in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29 [Daishowa], clarity exists for how a vendor treats abandonment obligations on the sale of resource...more
Canadian exploration expenses (CEE) are certain types of expenses incurred by oil and gas, mining and renewable energy corporations. CEE is 100 percent deductible in the year the expense is incurred. Certain types of CEE also...more
The March 2013 Federal Budget did not contain any provisions aimed at cross-border income trusts (CBITs, also known as foreign asset income trusts, or FAITs). Mention was made, however, of a continued intention to implement...more