Canada Consults on “Modernizing” Its Transfer Pricing Rules – What’s in (the) Store?

Abstract

In the summer of 2023, Canadian tax and finance authorities conducted a consultation on changes to Canada’s transfer pricing legislation. These changes reflect both international transfer pricing’s increasing emphasis on “economic substance” following from continuing work conducted by the OECD and perceived limitations of Canada’s existing transfer pricing legislation as interpreted in important Canadian court cases. Among other things, the changes would empower the tax authorities and courts not to recognize taxpayers’ transactions in favour of alternatives considered to more accurately reflect the economic features of taxpayers’ circumstances.