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Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the...more

Supplemental Pension Plans Secured with a Letter of Credit—Federal Budget 2023 Proposes Refundable Tax Relief

Retirement compensation arrangements (RCAs) are, in appropriate circumstances, a useful tool for employers to provide supplemental pension benefits to employees, but such arrangements come at a cost of refundable tax under...more

Canada Introduces "Excessive Interest and Financing Expenses Limitation"

Multinational corporations, cross-border investments and many other Canadian public and private enterprises, will likely soon face a new and complex interest expense deduction limitation in Canada....more

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

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

Are You Ready for Your CEWS Audit?

The Canada Emergency Wage Subsidy (CEWS) program is by now well-known. It was introduced by the federal government on March 15, 2020, and pays a qualifying employer adversely impacted by the COVID-19 pandemic up to 75 percent...more

Not Just a Rent Subsidy: How CERS May Dramatically Affect You - Update November 2020

November 20, 2020 Updates: Bill C-9, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) was given royal assent and comes into full effect on November 20, 2020. As per the...more

Not Just a Rent Subsidy: How CERS May Dramatically Affect You

After almost a month of eager anticipation, the federal government has released draft legislation to institute the new Canada Emergency Rent Subsidy (CERS), replacing the now-expired Canada Emergency Commercial Rent...more

Formula-Based Employee Appreciation Rights: New CRA Positions Raise the Spectre of Salary Deferral Arrangement

Many employers utilize formula-based appreciation rights (Appreciation Rights) as a mechanism to attract, retain and incentivize key employees. Particularly common amongst private corporations, Appreciation Rights generally...more

Me Too Defeats You Too in Tax Court

The Me Too movement of the last few years and recent worldwide protests sparked by George Floyd's killing have focused welcome attention on combatting gender and racial discrimination and harassment. A recent Tax Court of...more

Canada Emergency Wage Subsidy: New Asset Acquisition Rules

One of the criticisms of the Canada Emergency Wage Subsidy (CEWS), as originally implemented, was that employers which acquired revenue-generating assets between the qualifying period and the historical comparison period...more

Space Travel and Taxes: A Cautionary Tale of Shareholder Benefits

In the recent decision in Laliberté v Canada, 2020 FCA 97, [Laliberté] the Federal Court of Appeal confirmed that the $41.8-million costs of a shareholder's visit to outer space as a "space tourist" should be taxed as a...more

Canada Emergency Wage Subsidy: Proposed Extension until December 19, 2020 and Redesign

On July 17, 2020, in response to public consultations, the Department of Finance, introduced draft legislative proposals which, if implemented, would extend the Canada Emergency Wage Subsidy (CEWS) to December 19, 2020, and...more

Working From Home During a Pandemic—The Expense Conundrum

The World Health Organization declared the COVID-19 outbreak a pandemic on March 11, 2020, and many employers responded by requiring or encouraging their employees to work from home.  Even as Canada commences "reopening", it...more

Managing the Tax Residency of Foreign Affiliates in the Face of the COVID-19 Restrictions

The COVID-19 pandemic has resulted in the imposition of travel restrictions by governments and businesses. While such restrictions are no doubt valuable in "flattening the curve", they do, amongst other things, pose...more

Canada Emergency Wage Subsidy: Extension to August 29, 2020, and Expanded Eligibility Requirements

The Canada Emergency Wage Subsidy (CEWS) was enacted, as amendments to the Income Tax Act (Canada) (ITA), on April 11, 2020, for the purposes of assisting employers in financial hardship due to the COVID-19 pandemic and of...more

Applying for the Canada Emergency Wage Subsidy: What Are My Risks?

The application portal for the Canada Emergency Wage Subsidy (CEWS), which pays employers impacted by the COVID-19 pandemic up to 75 percent of an eligible employee's remuneration for 12 weeks (to a maximum of $847 per week),...more

Applications for the Canada Emergency Wage Subsidy Open on April 27, 2020

On April 21, 2020, the federal government announced that applications for the Canada Emergency Wage Subsidy (CEWS) will open on April 27, and provided details on the application process as well as information on (and access...more

How COVID-19 Is Impacting Equity-Based Incentive Compensation

The COVID-19 pandemic has had an unprecedented impact on the financial markets and stock prices. Through the spring of 2020, share prices have experienced extreme volatility and, in some cases, have traded at unforeseen...more

COVID-19 Relief for Employers: The Canada Emergency Wage Subsidy is Approved

On Saturday April 11, 2020, the COVID-19 Emergency Response Act, No. 2 received Royal Assent, thereby amending the Income Tax Act (Canada) to give effect to the Canada Emergency Wage Subsidy (CEWS) framework that the federal...more

Alberta Flood 2013: CRA Extends Tax Filing Deadlines and Offers Guidance to Taxpayers

While the immediate business disruptions resulting from the recent flooding in Southern Alberta have, to some extent, been dealt with, the hard work of rebuilding has only just begun. ...more

Tax Changes: Corporate Contractors May Be Subject to 13% Higher Tax Rates

The Canadian Government has introduced new tax rules which may subject corporate contractors to a 13% increase in the rate of income tax payable. These rules received Royal Assent on June 26, 2013 and are effective for all...more

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