4th Understanding Natural Resources Taxation

A thorough review of tax issues impacting the resource sector
Date: November 3 & 4, 2015
Location: Toronto
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Highlights

Hear how the experts are providing Canadian resources companies with the best tax planning advice

Including:

Recent tax trends in M&A activity

Inbound investment in the resource sector

GST/HST Issues in the Resource Sector

Raising Funds through Flow-through Shares

Tax Issues in Mining Exploration & Development

Inter-provincial Transfer Pricing in the Resource Sector

Latest Developments in Natural Resources Taxation: Recent Cases

Partnerships in the resource industries

The Latest on Federal and Provincial Income Taxes & Incentives for Resource Companies and Investors

Tax Issues Arising from Climate Change and Sustainability

Faculty

FACULTY
COURSE LEADERS
Michael Colborne, Thorsteinssons LLP
Michael Colborne is a Partner at Thorsteinssons LLP. His practice focuses on corporate and international tax planning, regularly advising Canadian and foreign-based multi-national resource companies on a variety of matters.
Eric Xiao, Ernst & Young LLP
Eric Xiao is a Tax Partner at Ernst & Young LLP. He has extensive experience in providing income tax advice to multinational resource-based companies on effective tax structuring of their inbound investments.
CO-LECTURERS
Alan Bowman, Goodmans LLP
Alan Bowman is a Partner at Goodmans LLP. His practice focuses on all aspects of income taxation that arise in the course of corporate and commercial transactions.
Kevin T. Chan, PricewaterhouseCoopers LLP
Kevin Chan is a senior manager in the Tax practice of PricewaterhouseCoopers LLP (Toronto), specializing in the mining sector. He provides Canadian corporate and cross border tax services to large and medium-sized multinational companies.
Merv Edwards, Ceteris (A Duff & Phelps Business)
Merv Edwards is Managing Director at Ceteris (A Duff & Phelps Business). He has over 20 years of experience providing transfer pricing documentation, planning & defense services for multinational companies.
Abigail Kan, McGovern Hurley Cunningham LLP
Abigail Kan is Principal, Tax at McGovern Hurley Cunningham LLP. She provides tax advisory, planning and compliance services.
K.A. Siobhan Monaghan, KPMG LLP
K.A. Siobhan Monaghan is Senior Partner, Taxation at KPMG LLP. Her practice touches on a broad range of tax matters including acting for resource-based clients on public market transactions, financings, reorganizations, ruling applications, opinions and tax disputes and controversy.
Ryan L. Morris, WeirFoulds LLP
Ryan L. Morris is a Partner at WeirFoulds LLP. His practice focuses on domestic and international taxation, including advising on M&As, structured investment products, financings, and corporate tax matters.
Leandro Reis, Deloitte LLP
Leandro Reis is a Senior Manager in the Business Tax group at Deloitte. He has provided international tax, tax planning and audit support/tax accounting services to multinational corporations.
Ben-Schoeman Geldenhuys, Deloitte
Ben-Schoeman Geldenhuys is a Partner, Business Tax, Mining Sector Leader for GTA at Deloitte. He has over 15 years experience consulting on corporate international tax issues in the mining industry, with significant experience in M&A transactions.
John J. Tobin, Torys LLP
John J. Tobin is a Partner at Torys LLP. He represents multinational & Canadian businesses in tax matters, including tax structuring, international transactions, transfer pricing, tax controversy, corporate finance, derivatives, securitization and M&As.

Program

COURSE PROGRAM
Tax Issues in Mining Exploration & Development
Given that mining exploration & development is a very capital intensive business, effective tax planning is a critical factor to success. This session will look at tax developments in Canada impacting the decisions to invest in the mining sector - both domestically and internationally - and will look at ways to devise effective tax strategies.

Developments in mining exploration & development taxation in Canada

Canadian exploration & development expenses: CEE and CDE

Maximizing capital cost allowance

Canadian tax credits at the pre-production phase

Tax efficient approaches to structuring foreign mining operations

Recent Tax Trends in M&A Activity
There has been a growing level of M&A activity both domestically and internationally within the energy and natural resources sector. This session will look at best practices for tax planning for natural resource business combinations, focussing on tax issues unique to resource sector M&As.

Latest tax developments for reorganizations

Tax implications of asset deals vs. share deals

Tax considerations for share exchange structuring

Deductibility of interest

Taxation of Foreign Affiliates
Canadian taxpayers holding interests in foreign affiliates that are resident and carry on business in a country with which Canada has a tax treaty are entitled to significant benefits under the Income Tax Act, consistent with the international competitiveness of Canadian-based multinational corporations. In contrast, the tax net continues to widen to cover all forms of passive income earned by Canadians in foreign entities. This discussion will explore certain basic tax concepts underpinning the foreign affiliate regime.

General overview of the foreign affiliate regime

Most recent tax treaty issues in the context of foreign affiliates

Key issues associated with the FAPI rules

Tax-effective financing opportunities with respect to foreign affiliates

Qualifying interest

Participating percentage

Inbound Investment in the Resource Sector
The level of inbound investment in the Canadian resource sector necessitates a detailed examination of effective planning and structuring of cross-border investments. This presentation will look at:

Taxable Canadian property rules

Interest expense, and in particular, the thin capitalization rules

Treaty relief, including the Canada-US treaty

Flow-Through Share Financing
Flow-through share offerings are a common financing mechanism used by resource companies to raise capital to fund exploration and development expenses. Under the rules, certain expenses of such companies can be renounced to, and deducted by, shareholders. This session will look at the workings and tax implications of the flow-through share program.

Overview of flow-through share rules and tax implications

The super flow-through share program

The one-year look-back rule

Flow-through limited partnerships

Transfer Pricing Issues Facing the Mining Industry
The level of international trade within Canada's resource sector necessitates that businesses of all sizes keep on top of the latest transfer pricing issues and developments. This session will look at recent developments in transfer pricing and the implications for cross-border activity.

Understanding transfer pricing regimes

Latest transfer pricing developments from the OECD and the courts

Audit issues being raised by the CRA

Resolution of transfer pricing disputes

Tax-Effective Structuring of Resource Ventures
The decision to engage in exploration, development and production activities in the resource sector is a risky one requiring significant investment. It is always important to understand the tax implications of the choice of business structure. This session will examine the logistical aspects and tax implications of structuring various types of resource ventures.

Limited partnerships

Joint ventures

Flow-through share arrangements

Commodity streaming

GST/HST Issues in the Resource Sector
This session will explore the latest GST and HST issues in the resources sector.

GSTHST primer

Special Zero-Rating Provisions for Natural Gas

Special Zero-Rating Provisions for Crude Oil

Application issues with section 162 of the ETA

Application issues with section 144.01 of the ETA

Other import-export issues

Use of export distribution centres in the oil & gas context

Joint venture elections: tips & traps

Multimedia Presentations

MULTIMEDIA PRESENTATION
Structuring resource ventures
Kevin T. Chan
PricewaterhouseCoopers LLP
Raising funds through flow-through shares
Jack Silverson
Osler Hoskin & Harcourt LLP
The latest on federal and provincial income taxes & incentives for resource companies and investors
Lucie Chouinard
Deloitte & Touche LLP
Understanding the implications of recent cases
Steve Suarez
Borden Ladner Gervais LLP
Transfer pricing in the mining industry
Sean Kruger
Ernst & Young LLP
Inter-provincial transfer pricing
John Oatway
Ernst & Young LLP
Tax issues in mining exploration/development
Bruce McCarley
Deloitte
Taxation of foreign operations
Denny Kwan
PricewaterhouseCoopers LLP
Tax accounting for oil & gas companies - IFRS accounting for oil & gas specific taxes
Janice L. Gair
PricewaterhouseCoopers LLP
Canadian federal/provincial framework for oil & gas taxation
Nancy Diep
Blake, Cassels & Graydon LLP
Recent developments in the Canadian LNG industry
Byron Beswick
Ernst & Young LLP
Taxation of oil sands operations
Sandy Shanks
ConocoPhillips Canada
SR & ED Tax credits for oil & gas
Graham Smith
TSGI-Chartered Accountants
Tax planning with flow-through shares
Jeffrey A. Fortin
Burnet, Duckworth & Palmer LLP
Tax executives' perspective: An industry panel
Lori Wilhelm-Einsporn
Cenovus Energy Inc.
Indirect tax considerations
Robert G. Kreklewetz
Millar Kreklewetz LLP
Transitioning from E&E to production: How accounting and reporting changes at each stage
Alasdair J. Federico
Lake Shore Gold Corp.
International R&D tax credits
Alex Schiappa
Business Improvement Group
Workshop: Partnership & joint venture tax structuring
Gord Squire
Squire Law
Taxation of cross-border financing & investment
Mary-Ann E. Haney
McMillan LLP
Structuring tax effective domestic resource ventures
Brian J. Kearl
Gowling Lafleur Henderson LLP
Impact of tax treaties
Dale Meister
PricewaterhouseCoopers LLP
Repatriating profits and capital
Nelson Whitmore
Deloitte & Touche LLP
Anti-hybrid entity clause
Tony Vacca
Grant Thornton LLP
Taxation of non-resident investors in Canadian oil & gas operations
Edmund Gill
Osler Hoskin & Harcourt LLP

Participants

Ceteris (A Duff & Phelps Business)

Ernst & Young LLP

Goodmans LLP

KPMG LLP

McGovern Hurley Cunningham LLP

PricewaterhouseCoopers LLP

Thorsteinssons LLP

Torys LLP

WeirFoulds LLP


Who should attend

CFOs, Treasurers and Controllers; VPs and Directors of Finance, Corporate Tax, International Tax and Tax Planning; & Tax Counsel, Tax Lawyers and Tax Accountants

Price

Price list:-
  • Course: $1975
  • Webcast only : $1575
  • Webcast and Proceedings : $1874
  • Course and Proceedings : $2274
  • Proceedings Only: $799
Order Now>>

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Additional Information

REGISTRATION:
To reserve your place, call Federated Press toll-free at 1-800-363-0722. In Toronto, call (416) 665-6868 or fax to (416) 665-7733. Then mail your payment along with the registration form. Places are limited. Your reservation will be confirmed before the event.
LOCATION:
Courtyard by Marriott Downtown Toronto, 475 Yonge Street, Toronto, ON, M4Y 1X7, (800) 847-5075
CONDITIONS:
Registration covers attendance for one person, the supplementary course material as described in this document, lunch, morning coffee and refreshments during breaks are provided for registered duration. The proceedings of the event will be captured on audio or video. Multimedia proceedings with all slides and handouts can be purchased separately on a CD-ROM which will also include the event material.
This event is being webcast. A camera will capture the person making the presentation. A camera may also capture the registration desk. The public webcast only includes the presentation. By registering, you agree to waive any recourse against Federated Press as a consequence of the webcast of your presence at the event. Please enquire with onsite hosts if you wish to ensure that your seat is outside the scope of the webcast.
Workshops are not covered in webcast.
TIME:
Registration begins at 8:00 a.m. The morning sessions start promptly at 9:00.
CANCELLATION:
Please note that non-attendance at the event does not entitle the registrant to a refund. In the event that a registrant becomes unable to attend following the deadline for cancellation, a substitute attendee may be delegated. Please notify Federated Press of any changes as soon as possible. Federated Press assumes no liability for changes in program content or speakers. A full refund of the attendance fee will be provided upon cancellation in writing received 13 days prior to event date. No refunds will be issued after this date. Please note that a 15% service charge will be held in case of a cancellation.
DISCOUNT:
Federated Press has special team discounts. Groups of 3 or more from the same organization receive 15%. For larger groups please call Sandra Frattolillo at 1-800-363-0722, ext. 223 to get more information.
PAYMENT:
Payment must be received seven days prior to the event date.