Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson

Verifications Under NAFTA Article 506 Are All The Rage

Recently, I have been informed of two NAFTA verifications being conducted by the Canadian Government in order to verify the correctness of NAFTA certificates of origin provided by U.S. companies and one NAFTA verification being...

Canada's Export & Import Controls Bureau Launches Consultations on Encryption Technology

On March 8, 2010, Canada's Export & Import Controls Bureau of the Department of Foreign Affairs and International Trade (the "EICB") announced it is engaging in consultations with interested Canadian companies and wishes to...

Canadian Government Starts Domestic Approval Process for Canada-Colombia Free Trade Agreement (Again)

On March 10, 2010, Canada's Minister of International Trade, Peter Van Loan, tabled in the House of Commons legislation to implement the Canada-Colombia Free Trade Agreement, the Canada-Colombia Agreement on Labour Cooperation...

New Electronic GST/HST Return Filing Requirements Start July 1, 2010

To little fanfare and no media attention, on January 4, 2010, The Honourable Jean-Pierre Blackburn, Minister of National Revenue and Minister of State (Agriculture and Agri-Food) announced proposed changes to electronic filing...

Canada Revenue Agency HST Webcasts - The New Horror Flicks

The Canada Revenue Agency (CRA) is developing and posting webcasts to help businesses prepare for harmonized sales tax (HST).  The three that are available can be found at this link -...

2010 Federal Budget Contains GST Landmine for Financial Services Industry

The March 4, 2010 Canadian Federal Budget attaches a Ways and Mean Motion amending the "financial services" definition in the Excise Tax Act (a.k.a. the GST Legislation).  These legislative amendments are not discussed in...

Suppliers to the Ontario Government Will Have to Start Charging HST As Early As May 1, 2010

As the present time, the Ontario Government does not pay goods and services tax on any supplies of property and services. The reason is that the Federal Government does not currently pay goods and services tax is that it cannot,...

Suppliers In Non-HST Provinces Beware: Proposed HST Place of Supply Rules for Goods (Tangible Personal Property)

On February 25, 2010, Canada's Department of Finance released its proposed harmonized sales tax (HST) place of supply rules which will be used to determine whether a supplier must charge, collect and remit HST in connection with...

Canada Border Services Agency Makes Changes to Administrative Monetary Penalty Regime

On February 26, 2010, the Canada Border Services Agency released Customs Notice CN-10-002 "Key Changes to the Administrative Monetary Penalty System (AMPS) Regime as a Result if the AMPS Fundamental Review". Please go to the...

Would You Like To Play Audit Roulette In Ontario?

Last week at the Canadian Institute of Chartered Accountants Commodity Tax Symposium West in Calgary, a representative of Ontario stated to the audience that Ontario planned to conduct retail sales tax audits of most businesses...

FCPA – A New Twist?

There was much fanfare in the general press in January concerning Department of Justice’s arrest and indictment of 22 executives and employees of companies that transact business involving military and law-enforcement products....

FCPA Guilty Plea

In a January 2010 Alert, we mentioned the Foreign Corrupt Practices Act (FCPA) indictment of John Warwick of Ports Engineering Consultants Corp. (PECC). For more details and background, click...

Proposed HST Place of Supply Rule For Real Property Is Relatively Straight-Forward

On February 25, 2010, Canada's Department of Finance released its proposed harmonized sales tax (HST) place of supply rules which will be used to determine whether a supplier (Seller) must charge, collect and remit HST in...

Sales Tax & Customs Compliance vs Initiative

I am a huge fan of Seth Godin. However, he scared me this morning by beating me to a post. While Seth's post entitled "It's easier to teach compliance than initiative" (go to the following link - sethgodin.typepad.com) has...

Proposed HST Place of Supply Rules Are Game-Changers

On February 25, 2010 (88 days until harmonization implementation in Ontario and British Columbia), the Department of Finance released the proposed harmonized sales tax (HST) place of supply rules. Here is a link to the pages of...

Canada's CBSA Makes Final Determination of Dumping and Subsidization on OCTG Goods

On February 22, 2010, the Canada Border Services Agency (CBSA) has issued final determinations of dumping and subsidizing in respect of oil country tubular goods, made of carbon or alloy steel, welded or seamless,...