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Full-Text Articles in Law
The Supreme Court's 2012 Tax Cases: Formalism Trumps Pragmatism And Good Sense, William Neil Brooks, Kim Brooks
The Supreme Court's 2012 Tax Cases: Formalism Trumps Pragmatism And Good Sense, William Neil Brooks, Kim Brooks
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada released decisions in four cases in the 2012 year. We argue that each illustrates the Court's formalistic approach to interpreting tax legislation. Each of the following four cases is evaluated in turn. Canada v Craig relates to the circumstances under which a taxpayer can offset losses incurred in a farming business against income earned from a completely different source. Fundy Settlement v Canada required determining the residency of a trust for tax purposes. Canada v GlaxoSmithKline Inc. focused on the circumstances to be taken into account in determining an arm's-length price in the transfer pricing …
A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks
A Comment On Watersheds: Runoff From The Tax Code, Kim Brooks
Articles, Book Chapters, & Popular Press
The role of tax as an instrument of social and economic policy has recently come to the fore in debates about the environment. This paper provides a short comment on a paper authored by Janet Milne that explores the incentive effects of the tax code on watershed protection.
Residence Of Individuals (Canada), Kim Brooks
Residence Of Individuals (Canada), Kim Brooks
Articles, Book Chapters, & Popular Press
This short paper reviews the residence of individuals under domestic Canadian tax law and under Canada's tax treaties.
Residence Of Companies Under Tax Treaties And Ec Law (Canada), Kim Brooks
Residence Of Companies Under Tax Treaties And Ec Law (Canada), Kim Brooks
Articles, Book Chapters, & Popular Press
This chapter reviews the development and present Canadian law on the residence of corporations for tax purposes. It highlights a few of the elements of Canada's corporate law regime by way of context; outlines why residence matters to corporations for Canadian tax purposes, traces the history of the Canadian tests for corporate residence, explains how the Canadian Income Tax Act addresses continuances, and reviews the approach to the determination of corporate residence reflected in Canada's tax treaties.
International And Ec Tax Aspects Of Groups Of Companies (Canada), Kim Brooks
International And Ec Tax Aspects Of Groups Of Companies (Canada), Kim Brooks
Articles, Book Chapters, & Popular Press
This short, largely descriptive piece reviews some of the history and reasons as to why the consolidation of corporate groups has not been adopted in the Canadian income tax legislation. Canada is unique becuase it is one of a very limited number of high-income countries with no formal consolidate regime. After a brief review of the history of consolidated reporting in Canada, the piece describes some of the instances where a mutuality of interest between corporations is recognized, the objectives of recognizing a group of corporations in these instances, and the measures of relatedness used to group corporations. Measures that …
Learning To Live With An Imperfect Tax: A Defence Of The Corporate Tax, Kim Brooks
Learning To Live With An Imperfect Tax: A Defence Of The Corporate Tax, Kim Brooks
Articles, Book Chapters, & Popular Press
Following an introduction, the paper is divided into two parts followed by a conclusion. Part II reviews a number of objectives of the corporate tax, arguing that they should carry more weight as arguments in favour of the corporate tax than they are often attributed. Furthermore, while it is conceded that the corporate tax is a second or even an nth best tax for achieving these objectives, there are simply no administratively feasible or politically acceptable alternatives to it. The arguments reviewed in the paper are as follows. First, by taxing income from capital, the corporate tax increases the comprehensiveness, …