Greater taxes, new anti-avoidance guidelines may perhaps be on Canada’s 2021 tax agenda

“That would be attention-grabbing,” suggests Juneja, “because there’s been 20 years of case legislation on the Normal Anti-Avoidance Rule now, location out the law and far more interpretation” changing the present rules would be “very sizeable,” influencing individuals and businesses, domestically and internationally.

Also in its Slide Financial Assertion the federal government declared its intention to apply new GST/HST registration and selection prerequisites for non-resident sellers and electronic platform operators, which it referred to as measures to provide “A Reasonable Tax Process for the Digital Economy.”

A lot of jurisdictions have mentioned taxing digital businesses such as Fb and its ilk, which at present aren’t issue to Canadian tax mainly because they are not technically functioning within just Canada, Juneja claims. The Organisation for Economic Co-procedure and Improvement (OECD) has a joint job to propose new policies to tax those people electronic organizations, but Canada has introduced it will put into practice its own principles in the interim, to be powerful January 1, 2022.

“That’ll be very exciting to see, what the government’s likely to propose.”

And casting a appear back again at 2020, two sizeable decisions for the tax bar have been these in MacDonald v. The Queen, and The Queen v. Cameco Corporation. In the MacDonald circumstance the Supreme Court docket of Canada dealt with the examination for no matter if a derivative agreement constitutes a hedge of a cash asset the Supreme Court dismissed the taxpayer’s attraction, acquiring that a ahead contract was a hedge and not speculative (it was “a great conclusion” suggests Juneja).