The Resource Interest stripping not subject to GAAR : Lehigh Cement Limited v. Canada : 2010 FCA 124

Interest stripping not subject to GAAR : Lehigh Cement Limited v. Canada : 2010 FCA 124

Label
Interest stripping not subject to GAAR : Lehigh Cement Limited v. Canada : 2010 FCA 124
Title
Interest stripping not subject to GAAR : Lehigh Cement Limited v. Canada : 2010 FCA 124
Creator
Subject
Language
eng
Summary
The Canadian Federal Court of Appeal in Lehigh Cement Limited v. Canada ruled that the general anti-avoidance rule (GAAR) contained in section 245 of the Act did not apply to prevent the avoidance of withholding tax on the interest payments stripped from the underlying principal. This case note discusses the case, which, in addition to the planning opportunities that this decision may potentially present, also serves as a clear illustration of the high standard to which a court may hold the minister in discharging the onus of establishing by evidence and reasoned argument the object, spirit, and purpose of the provision that is alleged to have been abused
Citation source
In: Canadian tax journal = Revue fiscale canadienne. - Toronto. - Vol. 58 (2010),
http://library.link/vocab/creatorName
  • Miller, T
  • Irvine, C
Geographic coverage
North America
Language note
English
http://library.link/vocab/subjectName
  • case law
  • GAAR
  • earnings stripping
  • withholding tax
  • tax avoidance
Label
Interest stripping not subject to GAAR : Lehigh Cement Limited v. Canada : 2010 FCA 124
Instantiates
Publication
Label
Interest stripping not subject to GAAR : Lehigh Cement Limited v. Canada : 2010 FCA 124
Publication

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