Lexpert Magazine

April/May 2017

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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LEXPERT MAGAZINE | APRIL/MAY 2017 33 | TAX COMPETITION | Americans to buy in the United States than the identical car produced in the US, for the simple reason that US dealers could not deduct the cost of acquiring these cars from their gross income. By contrast, where the car is produced in the US, dealers would be taxed less because they could deduct cer- But is BAT going to happen? It is impossible to predict. Congressional leaders are largely in favour, but President Trump appears to be leaning toward a BAT targeted at countries whose trade policies he finds offensive. Although he has called a universal BAT "too complicated," he has at the same time acknowledged that it is up for discussion. "As usual, we're getting conflicting mes- sages," Citrome says. "But there are discern- ible trends and momentums about which Canadians should be concerned right now." Still, Dalton Albrecht, a tax partner at EY Law LLP in Toronto believes there's much less for Canada to worry about if it is in fact a targeted BAT that emerges. "If countries are exempted, Canada should be one of them because so far there's no sign that [President] Trump thinks we're a problem," he says. Ultimately, BAT's legislative success may depend on whether or not President Trump and his Republican backers continue to be- lieve and spread the dubious proposition that the VAT systems of foreign countries are behind the US trade deficit. Jack Mintz, a prominent economist who is the President's Fellow at the University of Calgary School of Public Policy, is but one tain costs, most particularly wages, from their gross income. When push comes to shove, then, in its proposed American incarnation, BAT, unlike VAT and GST is, in effect, a tariff. Bearing in mind that the United States is Canada's largest trading partner to the tune of some $715 billion annually, the im- pact of BAT could be staggering. Barclay's economists have estimated that companies, including Canadian compa- nies, that have their supply chains outside the US and export goods into the US would need profit margins of 20 per cent just to break even. It's true that Canadian and other foreign companies that have more of their supply chains in the US and do a lot of exporting might find the proposed system more advantageous. "If [President] Trump succeeds in pushing his tax proposals through, it will affect the entire matrix of decision-making for Canadian multinationals, including how to finance US operations and where to locate operations that generate profits." Drew Morier Osler, Hoskin & Harcourt LLP In Washington, DC, the Canadian flag flies from the embassy across fromt he US Capitol (right). Political leaders in the UK and US have been vocal about attracting business with lower tax rates.

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