Product Details
0-459-28008-2
Supplemented book
$160 per supplement (1-3 per year). Supplements invoiced separately.
Approximately 400 pages
1 volume looseleaf, filed to date, with 2 months free service
3-Ring Binder
2006-05-22
Carswell

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GAAR Interpreted: The General Anti-Avoidance Rule
Availability: Coming Soon
$450.00
Description

Editor in Chief: Alan M. Schwartz, Q.C.

Associate Editors: François Barette , Paul Cabana, Alain Ranger, Peter Vair, Kevin Yip, and Kathleen S.M. Hanly, Ronald Nobrega; Frank Schober, Fasken Martineau DuMoulin LLP

The General Anti-Avoidance Rule (GAAR) was introduced as part of the 1988 tax reforms to the Income Tax Act by enacting section 245. This strong statutory anti-avoidance provision was designed to stop the growth of aggressive tax avoidance transactions. Since the introduction of GAAR, there have now been many GAAR cases decided in the courts and numerous pronouncements from the Canada Revenue Agency (CRA) on the subject. The wording and the application of the GAAR is subject to interpretation by taxpayers, tax advisors, Department of Finance, the CRA, and, most importantly, the courts. GAAR Interpreted: The General Anti-Avoidance Rule is an up to date analysis of the manner in which the GAAR has been interpreted and applied by these parties since its implementation. The book first discusses the history behind the development of GAAR and then describes the GAAR Committee and administrative procedures. There is a lengthy chapter on CRA GAAR Rulings and Technical Interpretations detailing specific CRA pronouncements with respect to "where the GAAR could apply" and "where the GAAR was found not to apply" each organized by extensive topical areas such as CEE, crystallization of capital gains, debt forgiveness, salary deferral arrangements, and surplus stripping. Another critical chapter in this book is the extensive discussion of judicial interpretations through the years from the 1997 Equilease decision to the most recent 2005 Supreme Court of Canada decision in Canada Trustco and post Canada Trustco decisions. There is a chapter summarizing all the cases that have been assessed and are being litigated but have not yet been heard by the Courts. The book also includes chapters on GAAR and tax treaties, provincial GAAR, and GAAR and the GST.

About the Author
Alan M. Schwartz, Q.C. is the former national chair of Fasken Martineau DuMoulin's Taxation practice group. Alan's practice includes advising on corporate transactions such as acquisitions, corporate reorganizations, prospectus disclosure and the establishment of investment vehicles. A significant part of his practice includes pleading cases in tax courts at all levels from the Tax Court to the Supreme Court of Canada. Mr. Schwartz has been involved in leading tax cases on the general anti-avoidance rule, the existence of a separate business, partnership reorganizations, asset classification, residence of trusts and employment benefits. He has written numerous articles for the Canadian Tax Journal, CA Magazine, the Canadian Business Law Journal and the Financial Post. He lectured annually for more than 10 years at the Canadian Institute of Chartered Accountants In-Depth Tax Course on Corporate Reorganizations. He is rated as one of the leading Canadian tax lawyers by the International Tax Review, Chambers and Lexpert. He authored the chapter entitled "The Use of Expert Witnesses in Tax Litigation" published in Advocacy and Taxation in Canada.
François Barette is a partner in the Litigation and Taxation practices at Fasken Martineau DuMoulin. He has an extensive tax litigation practice with expertise in federal and provincial income taxes, tax on capital and large corporations tax, sales tax, goods and services tax, payroll taxes and property taxes. His litigation practice also covers a wide range of civil and administrative matters. François has represented such clients as foreign and Canadian corporations, partnerships, individuals and trusts in connection with domestic and international tax issues, administrative law issues and constitutional issues before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court of Canada, the Tax Court of Canada, the Québec Court of Appeal, the Québec Superior Court, the Court of Québec and various administrative tribunals.
Alain Ranger (National Head of the Taxation practice group at Fasken Martineau from 2006 to 2014) has practiced for 30 years in tax law and more particularly in tax law as it relates to corporate and business law. Over the years, Alain has acquired a reputation for expertise in the following areas: mergers and acquisitions, cross-border transactions (United States, Europe), corporate restructurings, including spin-offs and liquidations of public corporations, foreign investments, the development and implementation of structured financing of projects and infrastructures, financial instruments and derivatives and corporate tax planning. For several years now, Alain has been actively involved in various files in these areas for public and private clients, both nationally and internationally, with tax optimisation being both the objective and the result. His expertise is also called upon in litigation files and he regularly negotiates with tax and tax-related authorities on behalf of clients. He also acts as an intermediary in efforts to obtain certain amendments to tax legislation for clients; his undertakings have resulted in several significant legislative amendments.
Peter W. Vair deals with all aspects of taxation, with particular emphasis on tax law relating to international transactions, corporate finance, mergers and acquisitions, corporate reorganizations, and objections and appeals. He joined Fasken Martineau DuMoulin as an associate in 1979 and became a partner in 1984.