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Supreme Court of Canada hears the GlaxoSmithKline case
2012 No. 01, 16 January 2012

On 13 January 2012, the Supreme Court of Canada heard the appeal of the Federal Court of Appeal’s decision in favour of Glaxo Canada in the GlaxoSmithKline transfer pricing case. The Court is expected to render its decision within the next 8 to 12 months. Since this is the first transfer pricing case heard by the Supreme Court, its decision should provide valuable guidance on transfer pricing concepts and practice. Learn more in our latest Tax Alert.

The latest on GAAR: Supreme Court of Canada releases decision in Copthorne Holdings Ltd.
2011 No. 45, 22 December 2011

On 16 December 2011, the Supreme Court of Canada released its highly anticipated decision in the case of Copthorne Holdings Ltd. v the Queen (2011 SCC 63). The Court dismissed the taxpayer’s appeal — and in so doing confirmed that the General Anti-Avoidance Rule applied to a series of transactions that resulted in the “double counting” of paid-up capital. This decision does not bode well for tax planning that is designed to create PUC without any new tax-paid investment. Learn more in our latest Tax Alert.

Also available for download:

• Holding corporations to incur additional costs as a result of QST harmonization        
  No. 44, 14 December 2011
• Highlights from the 2010–11 APA Program Report        
  No. 43, 28 November 2011
• Are you ready for the QST rate increase to 9.5%?        
  No. 42, 24 November 2011
• Pension plans required to provide information to investment plans by 15 November for GST/HST purposes       
  No. 41, 10 November 2011
• Canada and Barbados concluded a new protocol to revise the existing income tax convention       
  No. 40, 9 November 2011
• More 2011 Tax Alerts...

  • QST harmonization could trigger additional costs for registered pension plans       
    No. 39, 18 October 2011
  • R&D Expert Panel issues its final report       
    No. 38, 18 October 2011
  • "Prohibited investment" rules extended to RRSPs/RRIFs - impact on the investment fund industry       
    No. 37.1, 25 October 2011
  • Tax as a catalyst for a more sustainable future       
    No. 36, 11 October 2011
  • Changes to QST – a step toward harmonization       
    No. 35, 4 October 2011
  • GlaxoSmithKline set down for trial at Supreme Court of Canada      
    No. 34, 28 September 2011
  • The new Japan–Netherlands tax treaty: Why it matters for Canadian investors      
    No. 33, 26 September 2011
  • Taxation of students 2011–12      
    No. 32, 26 September 2011
  • Turning back the clock: BC to extinguish HST and reinstate provincial sales tax     
    No. 31, 30 August 2011
  • Foreign affiliates: 19 August legislative proposals     
    No. 30.2, 30 August 2011
  • MAP program report reflects increased CRA transfer pricing audit activity     
    No. 29, 8 August 2011
  • Canada–China treaty to be renegotiated     
    No. 28, 28 June 2011
  • Elimination of partnership tax deferrals     
    No. 27, 14 June 2011
  • Federal budget 2011     
    No. 26, 6 June 2011
  • TIEAs with Bermuda and Cayman Islands enter into force     
    No. 25, 3 June 2011
  • CRA release of withholding forms NR301, NR302 and NR303 and their effect on Canadian payers, including custodians, securities lending and hedge funds     
    No. 24, 26 May 2011
  • Amendments tabled to Quebec mining duties regime     
    No. 23, 19 May 2011
  • Alberta Printed Circuits Ltd. decision sheds some light on key transfer pricing concepts     
    No. 22, 18 May 2011
  • Canada–Turkey Tax Treaty enters into force     
    No. 21, 18 May 2011
  • Newfoundland and Labrador budget 2011     
    No. 20, 20 April 2011
  • Manitoba budget 2011     
    No. 19, 13 April 2011
  • Prince Edward Island budget 2011    
    No. 18, 7 April 2011
  • Nova Scotia budget 2011    
    No. 17, 6 April 2011
  • Ontario budget 2011    
    No. 16, 29 March 2011
  • Federal government defeated: what now for the budget?     
    No. 15, 28 March 2011
  • Supreme Court of Canada grants leave to appeal of GlaxoSmithKline decision    
    No. 14, 25 March 2011
  • Saskatchewan budget 2011    
    No. 13, 23 March 2011
  • New Brunswick budget 2011    
    No. 12, 22 March 2011
  • Federal budget 2011: a low-tax plan for jobs and growth     
    No. 11, 22 March 2011
  • Quebec budget 2011    
    No. 10, 17 March 2011
  • Nunavut budget 2011    
    No. 9, 2 March 2011
  • Alberta budget 2011    
    No. 8, 25 February 2011
  • British Columbia budget 2011    
    No. 7, 16 February 2011
  • Northwest Territories budget 2011    
    No. 6, 4 February 2011
  • Yukon budget 2011    
    No. 5, 4 February 2011
  • Finance fine-tunes GST/HST provisions for investment plans and pensions    
    No. 4, 3 February 2011
  • 2010 Global Transfer Pricing Survey: economic recovery mirrored by enforcement    
    No. 3, 3 February 2011
  • China issues first annual APA report    
    No. 2, 21 January 2011
  • Panel seeking public input on federal support for business R&D    
    No. 1, 20 January 2011
• 2010 Tax Alerts...

  • Government releases revised REIT rules    
    No. 43, 21 December 2010
  • Federal Court of Appeal dismisses Crown’s appeal in GE Capital   
    No. 42, 21 December 2010
  • Canada–US arbitration guidance released   
    No. 41, 29 November 2010
  • Public consultations on the taxation of corporate groups   
    No. 40, 25 November 2010
  • Are you ready for the 8.5% QST?   
    No. 39, 22 November 2010