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CBA National Commodity Tax, Customs and Trade Section

CBA Commodity Tax, Customs and Trade Section articles are published under the banner Sales Tax. Members interested in posting articles are encouraged to send them to the Section’s editors.

Editors: Allan Gelkopf and Bhuvana Rai

Today
Today

Closely related test amended

  • August 02, 2017
  • Robert G. Kreklewetz

The Excise Tax Act has a couple of “closely related” provisions, which ameliorate the effects of the GST/HST, namely those found in sections 150 and 156 of the ETA. Amendments to the ground rules for how these provisions operate were announced in the 2016 federal budget, and more recently came into force on March 22, 2017. These amendments add a new “qualifying voting control” test for both elections.

Commodity Tax, Customs and Trade

Who are ‘related persons’ for customs purposes?

  • July 04, 2017
  • Cyndee Todgham Cherniak

Every importer wants to know how much it is going to cost to import goods into Canada. To answer this question, the importer needs to ask questions about (1) the H.S. tariff classification of the good being imported into Canada, (2) the origin of the good being imported into Canada, (3) the applicable tariff rate of the good being imported into Canada and (4) the value of the good being imported into Canada.

Commodity Tax, Customs and Trade

The Supreme Court reins in rectification

  • May 25, 2017
  • Robert G. Kreklewetz and John G. Bassindale

In Fairmont Hotels Inc. (2016 SCC 56) and Jean Coutu Group (2016 SCC 55) the Supreme Court of Canada added some much-needed clarity to the law of rectification. Although the result might be disappointing for taxpayers and tax practitioners alike, these decisions bring Ontario back in line with the rest of Canada by establishing that an application for rectification must be supported by a detailed intention.

Commodity Tax, Customs and Trade

Voluntarily disclosing an export controls/economic sanctions mistake

  • May 02, 2017
  • Cyndee Todgham Cherniak

Mistakes happen. While the majority of Canadian companies want to comply with Canada’s export controls and economic sanctions laws, violations can occur. Often when there is an economic sanctions violation, there is also an export controls violation at the same time. Sometimes, there are export controls violations without an economic sanction violation.

Commodity Tax, Customs and Trade

Supreme Court shuts out importer in first customs tariff decision

  • March 06, 2017
  • Rob Kreklewetz and Bryan Horrigan

The Supreme Court of Canada rendered its first customs tariff decision in Canada v. Igloo Vikski Inc. (2016 SCC 38). The decision provides guidance on applying the General Rules for the Interpretation of the Harmonized System, particularly in the context of how the rules inform one another.

Commodity Tax, Customs and Trade

The demands of fairness and the CRA’s discretionary power

  • January 18, 2017
  • Kathryn Walker & Rob Kreklewetz

Administrative decision-makers are authorized by statute and given varying degrees of discretion. If a decision-maker has broad discretionary power and can show that the facts were considered when coming to a decision, it is extremely difficult – if not impossible – to overturn the decision in a judicial review application.

Commodity Tax, Customs and Trade

Club Intrawest: Is it a supply? If so, what is the supply and where is it made?

  • November 14, 2016
  • Jamie M. Wilks

In Club Intrawest v The Queen,1 the Tax Court of Canada considered certain intricate and novel issues. The court grappled with whether Club Intrawest made supplies, the nature of Club Intrawest’s supplies, the place of these supplies, and whether a single supply could have a dual tax status.

Commodity Tax, Customs and Trade

Is there a place for corporations within the human rights debate?

  • July 14, 2016
  • Patricia Steele

Human rights are about each of us living in dignity and the human rights project is about standing up to injustice and showing solidarity in the face of oppression. Due to economic globalization, operations of transnational corporations have an impact on local and international markets and affairs of state.

Business Law, Commodity Tax, Customs and Trade, Constitutional & Human Rights and 1 more..., International Law