We are often asked to assist non-residents who wish to invest in Canada. This may take the form of a real estate purchase for investment or development, an equity investment in a Canadian business (private or public) or a business start-up. We can advise on the tax implications, how to structure it using a corporation, trust, or other entity, and whether and how to use Canada’s international tax treaty network.

This area has become far more complex due to recent developments which can restrict access to international tax treaties or limit deduction of interest expense.

In these types of assignments, we:

• liaise with the client or the client’s professional representatives to determine the objectives of the investment, how it will be financed, and the necessary background information concerning the client’s overseas operations;
• present a tax-planning proposal for discussion;
• assist in implementing the proposal, retain legal counsel (if required) to complete the acquisition, and attend to various legal filings;
• monitor the ongoing operations of the investment, and advise from time to time as to appropriate tax strategies; and
• assist in structuring the sale of the investment, if and when required, to minimize the Canadian tax implications.

In handling this kind of assignment, we are pleased to work with the client’s existing professionals or, where required, to call on our international contacts for further assistance.