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Back-and-forth Levies in the North American Trade War: U.S. Tariffs and Canada’s Response (Update)

We continue to follow the U.S.-Canada trade dispute, in the context of the changing global trade situation, and will continue to update the following as required. This post updates the situation up to and including the U.S....more

Back-and-forth Levies in the North American Trade War: U.S. Tariffs and Canada’s Response

We continue to follow the U.S.-Canada trade dispute and will update this post as required. The most recent series of events began with the White House’s March 2, 2025 announcement that, effective 12:01 a.m. EST on...more

First Shots Fired in the North American Trade War: U.S. Tariffs and Canada’s Immediate Response

Effective as of 12:01 a.m. EST, Tuesday, March 4, 2025, the United States imposes 25 per cent tariffs on almost all goods imported from Canada. A lower tariff of 10 per cent is imposed on Canadian energy and resource products...more

Tax Court of Canada Denies GST/HST Input Tax Credit Claims in Connection with a Settlement Payment

In a general procedure hearing that was later moved under the informal procedure rules and rendered on December 17, 2024, the Tax Court of Canada (the “Tax Court”) dismissed 267 O’Connor Limited’s (the “Appellant”) appeal,...more

U.S. Tariffs and Canada’s Immediate Response: Reshaping the Landscape of North American Trade?

Effective as of Tuesday, February 4, 2025, the United States is imposing 25 per cent tariffs on almost all goods imported from Canada. A lower tariff of 10 per cent will be imposed on Canadian energy and resource products...more

GST/HST Input Tax Credits for Dentists: Canada Revenue Agency Revokes Administrative Arrangement

New GST/HST Notice 339, published on October 25, 2024, provides that as of the first day of the fiscal year that begins on or after January 1, 2025, dentists will no longer be able to claim GST/HST input tax credits (“ITCs”)...more

Une dette partiellement recouvrée par le truchement d’une lettre de crédit ne peut faire l‘objet d’un redressement pour créance...

Dans une décision rendue le 6 septembre 2024, la Cour du Québec (la « Cour »), sous la plume de l’honorable Daniel Bourgeois, a statué que la déduction pour créance irrécouvrable dans le calcul de la taxe nette et prévue à...more

2024 Federal Budget: Sales and Excise Tax Measures

On April 16, 2024 (“Budget Day”), the federal government released its annual budget (“Budget 2024”), which includes certain sales and excise tax measures and also confirms the government’s intention to proceed with several...more

CITT Reverses CBSA’s Imposition of Anti-Dumping Duties on Goods Transshipped through a U.S. Foreign Trade Zone

In the Sucro Can Sourcing LLC (“Sucro Can”) decision issued on January 5, 2024 (Appeal EA-2022-002), the Canadian International Trade Tribunal (“CITT”) allowed Sucro Can’s appeal of the enforcement action taken by the Canada...more

2023 Fall Economic Statement: New GST/HST Joint Venture Election

On November 21, 2023, the Government of Canada released its Fall Economic Statement (“2023 FES”) which includes certain sales and excise tax measures, including draft legislative proposals to implement long-awaited new...more

Tax Court’s Denial of a Bank’s GST/HST Rebate Claims Affirmed; No Issue Estoppel as Retroactive GST/HST Legislation Had Been...

This dispute arose when the Canada Revenue Agency (“CRA”) reassessed President’s Choice Bank (“PCB”) for uncollected GST/HST on bundled supplies made to a major Canadian bank (the “Bank”) and denied the Bank’s rebate claims...more

Announced Enhancements to the GST New Residential Rental Property Rebate

On September 14, 2023, the Department of Finance Canada issued a news release (the “News Release”) regarding proposed legislation to be enacted in order to enhance the existing GST New Residential Rental Property (“NRRP”)...more

Bill S-211 in Context: Five Ways That Canada Regulates Forced and Child Labour

Bill S-211 – the Fighting Against Forced Labour and Child Labour in Supply Chains Act – which requires businesses to report on their efforts to combat forced and child labour, is set to take effect in 2024. In this post,...more

New GST/HST Notice on Services Provided by Insurance Intermediaries

In July 2023, the Canada Revenue Agency (“CRA”) released GST/HST Notice 325 (the “Notice”) with respect to services provided by certain insurance intermediaries. The Notice essentially makes official the 180-degree turn the...more

Credit Card Rewards Program Expenses: Tax Court of Canada Doesn’t Buy $13.97 Million GST/HST Input Tax Credit Claim

On June 27, 2023, the Tax Court of Canada (“TCC”) dismissed the appeal of a Schedule II bank (the “Bank”) regarding its entitlement to input tax credits (“ITCs”) for GST/HST payable on expenses incurred in connection with the...more

Federal Court of Appeal Confirms Tax Court of Canada’s Decision: Supply of Right to Place and Operate ATMs is a Taxable Supply

On June 8, 2023, the Federal Court of Appeal upheld a Tax Court of Canada decision that, by allowing a supplier of Automated Teller Machines (“ATMs”) to place and operate ATMs throughout its casino resort, a casino operator...more

Canadian Legislation on Forced and Child Labour in Global Supply Chains Takes Effect: First Reports Due by May 2024

On May 11, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, S.C. 2023, c. 9 (the “New Act”) received Royal Assent and became law. Formerly known as Bill S-211, the New Act requires certain...more

Court of Appeal of Québec Confirms Restrictions on the Tax Authorities’ Ability to Set Off Certain Claims in Insolvency...

On December 22, 2022, the Court of Appeal of Québec upheld a Superior Court ruling that GST and QST input tax credits and refunds (“ITCs/ITRs”) claimed by a petitioner in connection with damage payments arising from...more

Dental Crowns and GST/HST Credits: A Dentist Wants to Have His Cake and Eat it Too

In an informal procedure decision, Axelrod v. The King, rendered on December 12, 2022, the Tax Court of Canada dismissed the appeals of a dentist denying input tax credits (“ITCs”) claimed in connection with certain expenses...more

Tax Court of Canada Decision: Exclusions from the “Financial Service” Definition in Part IX of the Excise Tax Act Work As Intended...

On July 19, 2022, the Tax Court of Canada (“TCC”) dismissed a major Canadian Bank’s appeal (the “Bank” or the “Appellant”) regarding the characterization of a supply made by the President’s Choice Bank (“PCB”) to the Bank....more

Importers Beware: Can You (Really) Act as Importer of Record?

The Canada Border Services Agency’s (“CBSA”) official position is that only the “importer”, the “owner” of the goods, or a licensed customs broker acting on their behalf are authorized to account for commercial goods and be...more

GST/HST Input Tax Credit Claims: Does the Supporting Documentation Need to be Issued by the Supplier?

On June 9, 2022, the Tax Court of Canada (“TCC”) allowed CFI Funding Trust’s (“CFI”) appeal in relation with the input tax credits (“ITC”) it claimed for prepaid rent paid in connection with the securitization of automobile...more

Canada’s 2022 Federal Budget: Commodity Tax Measures

On April 7, 2022, the Government of Canada unveiled its 2022 federal budget (“Budget 2022”) and announced certain important commodity tax measures. Budget 2022 includes proposed amendments to past proposals, as well as some...more

GST/HST Elections: Why Being Late Is Not Always Fashionable (Cont’d)

On December 6, 2021, the Federal Court of Appeal (“FCA”) affirmed the Federal Court’s decision in Denso Manufacturing Canada Inc. v. Canada (National Revenue), which had dismissed the taxpayers’ application for judicial...more

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