Canada Proposes Global Minimum Tax Act: A Comprehensive Overview of the Draft Legislation and Potential Implications.

On August 4, 2023, the Canadian Department of Finance released draft legislation for the Global Minimum Tax Act (GMTA) which will introduce a global minimum tax (GMT) in Canada.

The GMTA includes two domestic fiscal measures of the OECD/G20 Inclusive Framework’s Pillar 2:

  • a 15% domestic minimum top-up tax on the income of Canadian-located entities and permanent establishments of multinational enterprise (MNE) groups—which should be a qualified domestic minimum top-up tax (QDMTT); and
  • a 15% top-up tax, under an income inclusion rule (IIR), on the income of foreign-located entities and permanent establishments of MNE groups with Canadian ultimate or intermediate parent entities—a tax that is intended to be a qualified IIR.

The GMTA intends to implement an undertaxed profits rule (UTPR), which is the third domestic fiscal measure of Pillar 2, in the future.

Consistent with the Pillar 2 framework, the proposed Canadian GMT will apply to members of MNE groups that have annual consolidated revenues of €750 million or more, with a business presence in Canada and at least one foreign jurisdiction. The tax is proposed to apply to fiscal years of MNE groups on or after December 31, 2023 (with the UTPR expected to become effective one year later).

At the time of writing, the Canadian GMT is not considered substantially enacted for accounting purposes.

The GMTA will be a stand-alone statute rather than as an additional “part” of the Canadian Income Tax Act. Subsection 3(1) of the GMTA prescribes that certain portions of the legislation (including the parts implementing the IIR and UTPR, but not the part implementing the QDMTT) are to be interpreted consistently with the OECD GloBE model rules, commentary, and administrative guidance (“GloBE sources”), as they may be amended from time to time, unless the context otherwise requires. A separate interpretive rule in paragraph 48(b), applicable to the QDMTT, refers only to the GloBE commentary. This is a novel approach (although it has been used in Canada’s Common Reporting Standard legislation – Part XIX as well as the recently proposed anti-hybrid proposals).

Canadian tax advisors have noted that there could be constitutional issues with this approach; most notably that it may conflict with the exclusive power of the Canadian Parliament to raise “money by any mode or system of taxation”. Additionally, the use of dynamic interpretation will mean that future changes to the GloBE will automatically apply.
The GMTA follows the GloBE sources but its drafting deviates from these sources. Rather than simply adopting the GloBE model rules into Canadian law by reference, the legislation redrafts the rules in a manner that is consistent with Canadian domestic drafting of tax legislation.

Canada and its provinces offer generous tax credits for certain activities notably for R&D and certain other related activities in the film, clean energy, and hi-tech sectors. Typically, these tax credits are not refundable. Hence, they are not qualified credits. We understand that the federal and provincial taxation authorities are considering whether the credits should become refundable.

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Louis-Étienne Bérubé
Vice President of practice | Treasury Advisory | Management consulting

Cash-flow management software helps small, medium and large businesses to survive and grow. Here is how.

SME and large corporations alike can leverage cash management software to improve their financial stability, make more informed decisions and optimize financial operations. There’s no need to think too big. Carefully selected software can be implemented quickly and affordably.

Optimize cash management

Optimized, automated management of incoming and outgoing cash flows ensures that the company always has the liquidity it needs to meet its financial obligations. It empowers management to make informed decisions about investments, loans, payments to suppliers, and much more.

Proactive management helps minimize borrowing costs and optimize investments.

  • For example, by anticipating cash requirements, a company can optimize the use of its lines of credit and avoid unnecessary interest charges.
  • It can also maximize returns on its short-term investments without compromising its liquidity needs.

Customers who have migrated their accounting systems to the new cloud platforms can also enjoy unexpected savings. By design, cash management software integrates easily with banks and accounting systems, considerably reducing ERP deployment costs where the system is already in place.

Improve operational efficiency

One of the most underestimated benefits of cash management software is the automation of many financial management tasks, such as payment management and bank reconciliation. The resulting time savings and reduced risk of human error are major advantages.

Counter the labour shortage

Adopting a system will enable your organization to reduce the time spent on operations. This will free up your managers to focus more on strategic functions that add value to the company. Cash management software is in fact one of the most effective solutions to today’s labour shortage.

Detect fraud

Cash management software incorporates advanced security features to detect fraudulent activity more quickly, which helps shield company funds from the risk of fraud.

Choose the right cash management software

It is in your company’s interest to invest in cash management software to improve efficiency. Treasurers and controllers are key strategic partners within your organization. With the right technological tools, they’ll have everything they need to carry out their duties with maximum benefit.

Keep in mind that the cash management software market is vast, offering many possibilities, which can make the choice difficult for an entrepreneur. It is important to choose the best solution for your needs, your objectives and the complexity of your business. You can count on a competent advisor to help you make this choice.

11 Dec 2023  |  Written by :

Louis-Étienne Bérubé is a management consulting expert at Raymond Chabot Grant Thornton.

See the profile

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Companies that send Canadian employees to work in the U.S. can face a series of income and withholding tax obligations. What are they?

Many Québec companies do business in the U.S., sending employees to work south of the border. However, having employees work in the U.S., either to attend the occasional trade show, meet with clients or manage an office, is not as simple as it may seem. The situation should be carefully analyzed since there may be a number of tax obligations for all parties concerned.

Obligation to pay U.S. income tax

A Québec company that sends an employee to the U.S. on a temporary basis will be required to remit U.S. payroll taxes on amounts paid to the employee who is providing services on U.S. soil.

There are certain exceptions, however, such as those included in the Canada / U.S. tax treaty, when the employee is in the U.S. during one or more periods not exceeding 183 days and his salary is managed and paid in Québec. The same applies if the proportion of the person’s annual salary earned in the U.S. does not exceed US$10,000.

In order to proactively benefit from the provisions of the tax treaty, the employee will need to complete form 8233 and submit it to his employer.

It is important to note that the benefits provided by the tax treaty are not systematically recognized at the state level. In fact, each U.S. state has its own rules and some states do not recognize the provisions included in the treaty. That is why it is important to consult with a cross-border tax expert who can provide some clarity.

U.S employee benefits

Any compensation paid to employees for services rendered in the U.S. is generally subject to withholdings for U.S. employee benefits (Social Security and Medicare). However, there are exceptions here as well.

The social security agreement reached between Québec and the U.S. includes an exemption from paying U.S. employee benefits if the employee is sent for a maximum of five years. During this time, the employee will continue to contribute to the Québec pension plan. An application must be sent to the Bureau des ententes de sécurité sociale before the employee is transferred in order to benefit from this exemption.

Generally, it is very advantageous to take advantage of this agreement. It allows a seconded employee to continue to contribute to the Québec plan (Régime des rentes du Québec) rather than the American plan, which is much more costly for both the employer and the employee.

Required forms

In all cases, both the employer and the employee are required to file certain tax forms.

Employees who are moving to the U.S permanently must file the U.S. tax return (Form 1040) while those who are being sent temporarily are required to file a non-resident alien tax return (Form 1040 NR).

An employee who has a significant physical presence in the U.S. while maintaining strong residential ties with Canada can file forms 8833 and 8840 to claim Canadian residency for tax purposes.

The employer will be required to issue a W-2 tax form (equivalent to the T4 slip in Canada).

Permanent establishment in the U.S.?

These tax obligations are essentially based on the concept of permanent establishment. A Québec business will be subject to U.S. income tax if it maintains a fixed place of business in the U.S.

In such cases, it is important to know that only the revenue attributable to the permanent establishment—and not all of the company’s operations—is taxable in the U.S. In most cases, Canadian companies that avail themselves of the foreign income tax credit will not be required to pay income tax twice on this income.

Determining whether a Québec business has a permanent establishment in the U.S. is a question of fact that must be analyzed very carefully.

Sending Canadian employees to the U.S. can therefore be a very complex matter. It is important to consult with an international tax expert, who will have a solid grasp of the rules in effect in Canada as well as south of the border and who can provide valuable assistance to minimize the tax impacts .

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The Grant Thornton International IFRS team has published three Insights into IFRS 3.

Mergers and acquisitions (business combinations) can have a fundamental impact on the acquirer’s operations, resources and strategies. For most entities, such transactions are infrequent and each one is unique. IFRS 3 Business Combinations contains the requirements for these transactions, which are challenging in practice. The standard itself has been in place for more than 10 years now and has undergone a post-implementation review by the IASB.

The Insights into IFRS 3 series summarizes the key areas of the standard, highlighting aspects that are more difficult to interpret and revisiting the most relevant features that could impact your business.

The next three publications in the Insights into IFRS 3 series present guidance on IFRS 3’s requirements for recognizing and measuring non-controlling interests (NCI), determining and measuring the amount of consideration transferred, and determining what is part of a business combination in cases where there are other transactions and arrangements between parties:

  • Insights into IFRS 3 – Recognising and measuring non-controlling interests;
  • Insights into IFRS 3 – Consideration transferred;
  • Insights into IFRS 3 – Determining what is part of a business combination transaction.
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