This course examines the principles, policies, and planning issues that arise in international and cross-border taxation, with particular emphasis on the interaction between the Canadian Income Tax Act, international tax treaties, and emerging global tax norms. The course introduces the legal framework governing the taxation of individuals and corporations engaged in foreign and cross-border activities, and develops the analytical skills needed to identify international tax issues, evaluate tax risks, and assess common structuring approaches.
Topics include jurisdiction to tax, residence and source principles, central management and control, foreign accrual property income (FAPI), excessive interest and financing expenses limitation (EIFEL) rules, transfer pricing, the General Anti-Avoidance Rule (GAAR), and selected aspects of U.S. international tax law, including Global Intangible Low-Taxed Income (GILTI). The course also considers the role of the Organization for Economic Co-operation and Development (OECD), treaty interpretation, and current developments affecting international tax planning, including digital assets, Web3, and other emerging cross-border business models. By the end of the course, students will be better equipped to analyze international tax problems and understand the legal and policy considerations that shape cross-border tax practice.
Method of Evaluation:
a) 70% exam
b) 30% Class participation and group projects/presentations