News & Analysis as of

Canada Capital Gains

Lippes Mathias LLP

Canada’s Capital Gains Tax and the Exodus to the U.S.

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There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers...more

Mintz - Tax Viewpoints

Canada’s Federal Budget 2024: More Changes to the Stock Option Rules = More Headaches for Employers

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Much of the talk about Canada’s federal budget released on April 16, 2024 (“Budget 2024”) has been concentrated on the increase to the capital gains inclusion rate, highlighted by criticism from the business community that...more

Mintz - Tax Viewpoints

Canada’s 2024 Federal Budget: The Time Is Now ... to Lock in Lower Tax Rates

Mintz - Tax Viewpoints on

Tax practitioners will be busy in the coming weeks. Usually, in the lead-up to the issuance of the federal budget, released this year on April 16, 2024 (“Budget 2024”), there is speculation that the capital gains rate will be...more

Davies Ward Phillips & Vineberg LLP

Federal Budget 2024: How It Impacts You and Your Business

On April 16, 2024 (Budget Day) the Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance, delivered the Liberal Party’s federal budget (Budget 2024). Budget 2024 included a number of proposed...more

Stikeman Elliott LLP

Employee Ownership Trusts: Full Steam Ahead After Government’s Fall Economic Statement

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On November 21, 2023, the Government of Canada released its Fall Economic Statement. Among the measures included in the statement are improved tax incentives for Employee Ownership Trusts (“EOTs”)....more

Stikeman Elliott LLP

Canada’s 2023 Fall Economic Statement

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On November 21, 2023, the Canadian Department of Finance (“Finance”) released its 2023 Fall Economic Statement (“FES 2023”). The focus of FES 2023 was on affordability measures, particularly with respect to housing. New...more

Davies Ward Phillips & Vineberg LLP

Government of Canada Releases Package of Proposed Domestic and International Tax Legislation

The Department of Finance (Finance) released draft tax legislation for public consultation on August 4, 2023, with a stated focus on promoting tax fairness and a clean economy. The most significant item released is the...more

Bennett Jones LLP

The Alternative Minimum Tax Goes Mainstream

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The 2023 Budget proposes material changes to the alternative minimum tax (AMT) regime which, as discussed below, could result in significant increases to taxes on capital gains (i.e.,5-6 percentage points). Although...more

Bennett Jones LLP

Supreme Court of Canada Upholds Treaty-Based Canadian Holding Structure

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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

Davies Ward Phillips & Vineberg LLP

Top Court Blesses Treaty-Shopping Arrangement: The Alta Energy Decision

The Supreme Court of Canada (SCC) recently rendered its eagerly awaited decision in Canada v Alta Energy Luxembourg S.A.R.L., 2021 SCC 49 (Alta Energy). Six of the nine justices held that the Canadian statutory general...more

Bennett Jones LLP

Tax Relief for Intergenerational Transfers in Limbo

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Bill C-208, a private member's bill aimed at facilitating intergenerational transfers of small businesses and farms, received Royal Assent and became law on June 29, 2021. Just one day later, on June 30, 2021, the Federal...more

Bennett Jones LLP

Public Company Employee Stock Options: New Limits on Capital Gains-Like Treatment

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For many public corporations, employee stock options have historically represented the "holy grail" of equity-based employee compensation. While providing an opportunity for employees to share in their employer's growth in a...more

World Law Group

2021 Venture Capital Guide - Canada

World Law Group on

World Law Group member firms recently collaborated on a Global Venture Capital Guide that covers more than 30 jurisdictions on investment approval processes, typical investment sectors and investment structures on Venture...more

Dickinson Wright

Is Now the Right Time for an Estate Freeze?

Dickinson Wright on

Is an Estate Freeze the right tax move? In the midst of COVID-19 and the surrounding economic uncertainty, Canadians have found themselves significantly impacted. ...more

Bennett Jones LLP

Bennett Jones Speaks before Senate Committee on Tax Issues for Energy Investments

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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

Bennett Jones LLP

Tax Court Affirms Treaty-Based Canadian Holding Structure

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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

Blake, Cassels & Graydon LLP

2018 Federal Budget: Selected Tax Measures

On February 27, 2018, the Minister of Finance introduced Canada’s 2018 Federal Budget (2018 Budget). The 2018 Budget includes measures affecting the taxation of passive income earned by private corporations, as was expected,...more

Bennett Jones LLP

Growing Concerns with Proposed Amendments Affecting Private Businesses and their Shareholders

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On July 18, 2017, Minister of Finance Bill Morneau announced sweeping changes to the way private businesses and their shareholders are taxed. The Government's proposals encompass three broad areas: (1) income sprinkling...more

Dorsey & Whitney LLP

Unexpected Risks of Early Exercise Incentive Stock Options

Dorsey & Whitney LLP on

Canadian companies and their outside counsel occasionally ask about the ability to grant early exercise incentive stock options (“ISOs”) to limit the impact of the U.S. alternative minimum tax (“AMT”) to their U.S. employees....more

Blake, Cassels & Graydon LLP

2017 Federal Budget – Selected Tax Measures

On March 22, 2017 the Minister of Finance introduced Canada’s 2017 Federal Budget (2017 Budget). Despite persistent rumours, no change was proposed to the capital gains inclusion rate. The 2017 Budget does include a mix of...more

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