Author: Kevin Yip

The 2023 Fall Economic Statement

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On November 21, 2023, Chrystia Freeland, the Deputy Prime Minister and the Federal Minister of Finance, unveiled the 2023 Fall Economic Statement (the “Economic Statement”). While the primary emphasis of the economic statement appears to be the Federal Government’s housing action plan and addressing issues of inflation and affordability, it also proposed technical updates on various tax-related matters. This article summarizes the proposed tax measures in the Economic Statement including updated implementation dates to previously announced measures.

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Clean technology investment tax credit

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On August 4, 2023, the Department of Finance (“Finance”) released draft legislation (the “August 4th Proposals”) in respect of the clean technology investment tax credit (“Clean Technology ITC”), which was initially proposed in the 2022 fall economic statement and updated in the 2023 federal budget (“Budget 2023”). The Clean Technology ITC allows qualifying taxpayers to claim up to a 30% refundable tax credit on the capital cost of clean technology property.

The draft legislation includes labour requirements, which are similar to provisions in the United States Inflation Reduction Act (which in turn references certain labour requirements in the United States Davis-Bacon Act) and that must be complied with to be eligible for the full 30% Clean Technology ITC.

Although Finance announced a clean hydrogen investment tax credit (“Clean Hydrogen ITC”) in Budget 2023, the August 4th Proposals did not include draft legislation regarding the Clean Hydrogen ITC.

The description of the Clean Technology ITC below is based on the draft legislation included in the August 4th Proposals.

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Revised proposals to amend the general anti-avoidance rule

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On August 4th, 2023, the Department of Finance Canada (“Finance”) released draft legislative proposals which included revised proposals to amend the general anti-avoidance rule (the “GAAR”) in section 245 of the Income Tax Act (Canada) (the “ITA”) (the “Revised GAAR Proposals”). The revised proposals follow several GAAR proposed amendments initially introduced in the 2023 Federal Budget (“Budget 2023”) tabled on March 28th, 2023.

The proposals to amend the GAAR will apply to transactions that occur on or after January 1st, 2024, except for the amendments to the preamble to the GAAR and related provisions which will come into force on Royal Assent.

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Determining The Province Of Employment For Employees In Remote Work Arrangements

The Canada Revenue Agency (“CRA”) is introducing a new administrative policy (the “Policy”) relevant to remote workers to be effective on January 1, 2024. The policy will provide more certainty with respect to the province of employment of employees that are in a remote work arrangement in another province and are “attached” to an establishment of the employer.

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Canada’s New Underused Housing Tax – What You Need to Know Before the Filing Deadline on April 30

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Update: On October 31, 2023, the Minister of National Revenue announced that owners affected by the Underused Housing Tax (UHT) will have until April 30, 2024, to file their returns for the 2022 calendar year without being charged penalties or interest.  Specifically, the Canada Revenue Agency will waive the application of penalties and interest for any late-filed UHT returns and for any late-paid UHT payable for the 2022 calendar year, provided the return is filed and the UHT is paid by April 30, 2024. 

Update: On March 27, 2023, the Minister of National Revenue announced transitional relief to affected owners who may have filing or payment obligations under the Underused Housing Tax Act (UHTA). The filing and payment deadline for the 2022 calendar year remains April 30, 2023 but the application of penalties and interest under the UHTA for the 2022 calendar year will be waived for any late-filed underused housing tax (UHT) return and for any late-paid UHT payable, provided the return is filed or the UHT is paid by October 31, 2023.

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