Taxation

MLT Aikins has one of the strongest tax practices in Western Canada. Our lawyers have experience across a broad spectrum of tax issues, including corporate tax planning, income tax, corporate capital tax, and the implications of the Goods and Services Tax and provincial sales tax, levies and royalties on commercial transactions. We can also help you make the most of Canada Revenue Agency’s Voluntary Disclosure Program if you have failed to declare all taxable income in previous years.

We have a record of success in obtaining technical interpretations, rulings and advance pricing agreements for clients. Our lawyers regularly lecture on tax law at the Prairie Provinces Tax Conference, the annual conference of the Canadian Tax Foundation and at the law schools of the Universities of Alberta, Manitoba and Saskatchewan. They are experienced in representing clients in dealings with the Canada Revenue Agency and provincial Ministries of Finance, and in appearances before the Tax Court of Canada and the Federal Court of Appeal.

• Corporate and tax counsel to Weyburn Inland Terminal Ltd., a reporting issuer, on its plan of arrangement for the acquisition of its common shares by Parrish & Heimbecker, Limited for aggregate consideration of $94.5 million (2014).

• Tax advice to Federated Co-operatives Ltd. on a $138 million acquisition by plan of arrangement, including production facilities and infrastructure, of Triwest Exploration Inc., a Calgary-based oil company.

• Elliott et al v. R., 2013 TCC 57, successfully overturning a Canada Revenue Agency assessment of American citizens working in Canada as residents of Canada under the Canada-U.S. Treaty tie breaker rules.

• McClarty Family Trust et al v R., 2012 TCC 80, allowing appeal of an assessment against trust and children under the GAAR and involving the kiddie tax.
• Prince Albert (City) v. Domtar Pulp and Paper Products Inc., 2011 SKCA 151. Representing the successful party in a case determining that a tax agreement with the City was ultra vires.

• Tax advice to Big Sky Farms in successful CCAA restructuring of approximately $100 million in secured and unsecured debt in Saskatchewan, Manitoba and Iowa.
• Tax advice on Saskferco Products LLC $1.6 billion sale to Yara International ASA (Named the 2008 Canadian Inbound Acquisition of the Year by Lexpert Magazine).