Canadian Capital Gains Tax Increase - TEI Comments
On January 20, 2025, TEI submitted comments with the Canada Revenue Agency (CRA) regarding their administration of a potential increase in the Canadian capital gains inclusion rate. TEI noted the inappropriateness of CRA administering the increase as if it has been enacted into law when it has not, as well as the complications and financial burdens imposed on taxpayers. TEI's comments were prepared under the aegis of its Canadian Income Tax Committee. Benjamin R. Shreck, TEI Tax Counsel, coordinated the preparation of TEI's comments.
The BC Minister of Finance Responds to TEI's Submission on the Definition of Software for the PST
TEI received a letter from the British Columbia Minister of Finance in response to the Canadian Commodity Tax Committee's March 29, 2024, submission. The Committee had submitted a letter addressing the 2024 British Columbia Budget changes to the Provincial Sales Tax ("PST") definition of “software,” including the retroactive impact of the changes and the expansion of the definition.
TEI Submits Comments on CAMT Proposed Regulations
On January 16, 2025, TEI submitted comments on the proposed regulations on the Corporate Alternative Minimum Tax ("CAMT"). The Tax Reform Task Force, whose chair is Andreia Verissimo, in coordination with TEI Tax Counsel Kelly Madigan, spearheaded the comments. TEI’s comments addressed foreign tax credit considerations and provided recommendations for adjustments to AFSI related to the treatment of investments in certain financial instruments and the treatment of certain covered recognition transactions, among other concerns.
Pillar Two Reporting Simplification - TEI Comments
On December 17, 2024, TEI submitted comments to the OECD recommending it simplify the Pillar Two reporting requirements. TEI recommend the OECD help coordinate the timing of payments, adjustments, and refunds across jurisdictions, which would reduce MNE's compliance burden. Other recommendations included implementing a robust exchange of information system and a template information reporting form. TEI's comments were drafted by members of its U.S. International and EMEA Direct Tax Committees, along with the Tax Reform Task Force. Benjamin R.
TEI Submits Comments on 2024 British Columbia Budget Changes to the Provincial Sales Tax Definition of “Software”
On March 29, 2024, TEI provided a submission to the British Columbia ("BC") Minister of Finance in response to the 2024 BC provincial budget and accompanying bill that introduce changes to the definition of “software” for purposes of the BC provincial sales tax. TEI's comments addressed concerns over retroactive legislation and the breath of the Ministry's definition of "software," among other issues.
TEI Provides Submission in Response to British Columbia 2023 Consultation on PST Application for Partnerships
On December 23, 2023, TEI provided a submission to the British Columbia ("BC") Minister of Finance as part of the 2023 Consultation on the Provincial Sales Tax Application to Partnerships. TEI's comments included support for the transition to recognize BC partnerships as separate legal persons for purposes of PST and a recommendation that certain rules for partnerships mimic those for corporations.
TEI Submits Comments on Form 6765, Credit for Increasing Research Activities
On October 31, 2023, TEI submitted comments on the proposed changes to Form 6765, Credit for Increasing Research Activities. TEI's comments included both general comments and comments on specific lines. The general comments focused on concerns over the unreasonable workload and burden imposed by the proposed changes.
TEI Submits Comments on Notice 2023-64 and CAMT
On October 12, 2023, TEI submitted comments in response to a request for comments in Notice 2023-64 regarding the Corporate Alternative Minimum Tax. TEI's comments included recommendations for the AFSI calculation with regard to marked-to-market gains and losses, the potential duplication of income with respect to CFCs, depreciation method changes, and foreign parented entities.
TEI Submits Comments on Notice 2023-2 and the Stock Repurchase Excise Tax
On March 20, 2023, TEI submitted comments in response to a request for comments in Notice 2023-2, which provided guidance on the stock repurchase excise tax. The comments requested carve-outs from the tax for redemptions of non-participating, non-convertible preferred stock and addressed the funding rule and related per se rule that were introduced in the notice. In particular, the comments requested either the removal of the rules from future guidance or a significant narrowing of the rules as they are overbroad and go beyond the literal language and purposes of the statute.
TEI Comments on IRS Notice 2023-7 Regarding the New Corporate AMT
On March 20, 2023, TEI submitted a letter to the Internal Revenue Service commenting on Notice 2023-7, which provides initial guidance on the new corporate alternative minimum tax (CAMT) imposed by the Inflation Reduction Act of 2022. TEI's comments included the need for transition rules and penalty relief, adjustments to the determination of adjusted financial statement income (aka AFSI), among other things. TEI's comments were prepared under the aegis of the Institute's Tax Reform Task Force, whose Chair is Jason Weinstein.