This seminar considers the use of tax instruments to achieve social and economic goals. Now is a perfect time for studying this because governments around the globe – including the Canadian government – are relying on tax measures to respond to the challenges of COVID-19 pandemic, globalization and digitalization, increasing wealth/income inequality, and the need to balance redistribution of income and economic growth. This seminar provides an opportunity for students to learn about tax policy in action, and more importantly, develop skills in legal and public policy analysis that can be applied in all areas of law.
To take this seminar, students should have an intellectual curiosity, and be prepared to read and think like a legal professional. A detailed course outline and written guidance for each module of the class will be provided in advance.
Guest speakers will be invited to lead some discussions.
This seminar focuses on selected types of transactions typically undertaken by corporations that have significant tax implications or are motivated by tax considerations. These transactions include corporate financing, reorganizations and purchase and sale transactions. These will be a seminar combining theory, practice and reflection.
Experienced and thoughtful practitioners will lead and participate in some discussions.
Expectations of students are similar to those of junior associates at a law firm or Department of Justice (DOJ): learning the materials with guidance and supervision; applying the knowledge gained from the readings for a specific purpose, e.g., identifying their “practical” implications for a client (a taxpayer or the CRA in the case of DOJ); critically reflecting upon the practical application in the context of the overall system design, purposes, and theoretical underpinnings of the Income Tax Act; and presenting the learning outcomes orally in class or writing (in the form of a memorandum).
To take this seminar, students should have taken Taxation Law and should be prepared to work in groups. Relevant corporate tax materials will be covered in this seminar so that students who have not taken the corporate tax course would be able to fully participate in the learning process. A detailed course outline and written guidance for each module of the class will be provided in advance.
In modern and contemporary society, taxation stands as a fundamental means to articulate a conception of economic and distributive justice. Tax policy choices reflect a people’s views on the desired size and shape of government and, more profoundly, its social, political, and cultural aspirations as a society. Yet, in a globalized economy, domestic tax policies cause significant externalities for other states. As a result, a country’s tax policies influence and are significantly constrained by other countries’ policies.
This seminar explores the foundational principles and objectives guiding tax policy. We will study seminal tax policy literature alongside contemporary works that revisit these principles in the context of 21st-century issues such as economic globalization, growing income and wealth inequality, and environmental challenges. We will also examine how tax systems across the globe relate to each other and analyze the role of international tax policy in addressing global justice concerns, particularly in light of existing international inequalities and the increasing influence of global social structures in the international tax domain. From the lens of global justice, we will explore several contemporary issues that shape tax policymaking worldwide, such as tax avoidance and tax competition, the tax challenges brought about by the increasingly digitized economy, and the ongoing reallocation of the international tax base.
The course employs a combination of readings, written assignments, and in-class discussions to promote rigorous critical thinking, active reading, and effective verbal and written communication. The course also focuses on how to author a legal research paper.
Web3 technologies such as Blockchain, Smart Contracts and the Metaverse have created a new frontier for legal professionals. In particular, grappling with issues relating to conflict of laws and choice of jurisdiction have become a challenge for almost every area of law, including but not limited to: commercial law, securities, criminal law, anti-money laundering, estates and many others. Given the interactions and transactions between individuals and businesses facilitated by Web3 technologies in various jurisdictions worldwide, the issue of tax liability is often described as a “gray area” because of the confusion it causes with respect to income tax, excise tax and estates tax.
Knowing the landscape makes this perceived gray area disappear.
Various levels of government cooperation have resulted in attempts to ameliorate the ambiguities created by the various transactions which occur as a result of “borderless” technologies. International organizations such as the Organization for Economic Cooperation and Development, regional governmental organizations such as the European Union, as well as bilateral tax treaties and information exchange agreements have created a patchwork of legislation which causes ambiguity with respect to how, when and which tax rules are applied.
This course will explore the various rules and principles which govern the borderless world in which we now live, using various primary and secondary sources, case studies and expert guest speakers from jurisdictions outside of Canada. The students will be evaluated on group projects, discussions and a final research paper.
Group projects will be focused on particular issues, fact patterns and case scenarios, while discussions will explore hypothetical and factual international tax matters which are currently at issue or which could potentially occur in the future.
The majority of the course will be held in person on campus; however, one to two classes may be held in a Metaverse virtual environment. No irregular or complicated technologies, like headsets, will be required to attend these courses aside from a computer with internet access.
Consumption taxation is the most important source of tax revenue worldwide after income taxation. While income tax is comprehensively studied in basic tax law courses across the country, law schools often provide limited opportunities for students to explore the economic, political, and legal complexities of consumption taxation. Many economists favour consumption taxation due to its neutrality towards economic actors. Consumption taxes are also considered more efficient for controlling the economy in the interests of economic stability compared to income taxes. Nonetheless, the implementation of consumption taxation raises pertinent questions about equity and distributive justice due to its potential regressivity.
The primary form of consumption tax in Canada is the federal Goods and Services Tax (GST) and, in some provinces, the Harmonized Sales Tax (HST) or the Provincial Sales Tax (PST). Most Canadians pay consumption taxes daily on the goods and services they acquire. Globally, consumption taxes account for a significant and growing proportion of tax revenues. Beyond its pervasiveness and apparent simplicity, consumption taxation elicits interesting political and legal questions. Politically, the adoption of the GST in Canada in the 1990s faced opposition from almost 80 percent of Canadians, despite the broad support of public finance scholars. Technically, the Canadian consumption tax system is globally unique. It generally mirrors the European-style value-added tax but is one of the few systems worldwide to have been successfully implemented at a subnational level.
This seminar examines the nature and application of consumption tax law in Canada and explores common principles of consumption taxes in other jurisdictions. It discusses fundamental issues such as consumption versus income as a basis for taxation, overviews its underlying principles and policies, and analyzes the Canadian rules under the Excise Tax Act. Students will learn why consumption is taxed, the different forms of consumption taxes, the key principles of modern consumption tax systems, and how those principles are operationalized in the Canadian tax system. Additionally, students will learn problem-solving by applying normative concepts together with basic technical rules. The seminar will help students develop important legal skills, such as statutory interpretation, analytical thinking, problem-solving, and writing. Taxation Law is not a prerequisite.
Taxation of Business Enterprises examines the federal income tax treatment of Canadian-resident corporations and their shareholders. The course covers the corporate tax rates on different types of income (including the small business deduction and refundable taxes on investment income), the integration system for taxing shareholders (including the tax treatment of dividends and other corporate distributions), the concept of paid-up capital and the anti-surplus stripping rules, tax-deferred transfers of property to a corporation, and corporate reorganization provisions (including share-for-share exchanges, share conversions, capital reorganizations, amalgamations and liquidations).
The course explores the tax policy choices influencing Canada’s corporate income tax system, and encourages an understanding of complex statutory provisions through an appreciation of the underlying policy rationales. The instructor will use examples from his tax practice experience to illustrate how Canada’s corporate tax rules actually apply in real-world circumstances. This will inform an exploration of ways in which the corporate tax system might be improved and reformed. The course is intended to provide students pursuing business law careers with a practical understanding of foundational corporate tax principles, and is essential preparation for students pursuing further studies in taxation law.
This is a foundational course in the JD program. It focuses on the basic provisions of the Income Tax Act (ITA) and fundamental principles and policies. The ITA is the biggest statute in Canada, raising about 2/3 of total tax revenues to finance public spending programs that Canadians want and affecting every aspect of commercial and personal life of most Canadians. It embodies the balance of equity and efficiency and the give-and-take reached by Canadians through the democratic process over the past 100 years.
As part of the legal system governed by the rule of law, the ITA recognizes taxpayers’ right to minimize taxation and “speaks” as precisely as possible to specify who is taxable and for how much. This course is thus “perfect” for learning key legal skills – statutory interpretation, problem solving and policy analysis.
The course uses an “easy-to-read” textbook and supplement it with the ITA and landmark court decisions. Guest speakers may be invited to offer insights on key issues and practical application of the law. Students are expected to be attend classes in person and be part of the learning community.
Taxation Law is the foundational course in tax. It is one of the highly recommended courses for
students at Osgoode. It is intended for students who find tax issues intriguing or want to develop a stronger understanding of tax. It is also for those who are interested in the many substantive areas of law which invariably intersect with tax.
The course is a survey of the federal income tax system, with a focus on the taxation of individuals. Students will learn about the general framework of the Income Tax Act, come to appreciate the underlying principles and policies of the system, and develop statutory interpretation skills that will serve them well in practice.
Students are expected to prepare for classes by completing the assigned readings and reflecting on them. The amount of readings for the course is modest. Attendance is required.
The main reading material for the course is Li, Magee and Wilkie, Principles of Canadian Income Tax Law (10th edition). Students will have access to an electronic copy of this book. They may also obtain a hard copy from the publisher (Thomson Reuters) or the York University Library.
This course provides students with an in-depth understanding of the international dimensions of the Canadian Income Tax Act (ITA), tax treaties, and recent global tax reform measures, enhancing their statutory interpretation and problem-solving skills. The globalization of trade and investment flows profoundly affects the practices and policies of income taxation, particularly for Canadian corporations engaged in international business. Students will explore cross-border tax issues that are critical for Canadian lawyers. The curriculum covers both domestic tax law and international tax treaties, focusing on jurisdiction to tax, non-residents investing in Canada, cross-border services, Canadian investments offshore, the foreign affiliate system, foreign tax credits, electronic commerce, and transfer pricing. By examining case studies and real-world examples, students will develop a comprehensive understanding of how international tax principles are applied in practice.
The course will also address the ongoing international dialogue on tax policy, spurred by initiatives from the Organisation for Economic Co-operation and Development (OECD) and the G20. This dialogue aims to identify and deter strategies multinational enterprises use to shift income from high-tax jurisdictions, which can create friction among countries regarding their taxing rights. The course will explore these challenges and potential modifications to tax laws, the role of private and public international law, and the practical responses by multinational enterprises.
This course introduces the fundamental principles of the Canadian federal income tax system. We will concentrate on building a taxation vocabulary and exploring the social, political, and economic factors that shape the development of tax law. By the end of the course, students should understand why societies tax, who and what they tax, and how they do so; be familiar with the general structure and principles of the Canadian federal income tax system; and develop skills in close, critical reading and interpretation of primary and secondary legal sources.
The central focus of the course is on the tax principles for the treatment of revenue, losses, and expenses earned or incurred by individuals. We will further discuss general tax policy issues and situate the income tax within the broader Canadian tax system. To ensure students gain a practical understanding of tax law, the course will also introduce the tax administration and dispute resolution frameworks.
Throughout the course, students will have the opportunity to hone their skills in interpreting complex statutory provisions and applying them to a variety of fact patterns. The course employs a combination of lectures, videos, quizzes, and problems for both group and whole-class discussion, providing numerous opportunities for active learning.
For those who fear numbers, take heart. This course focuses on the legal rules underpinning our income tax system, not on mathematics. Any math used in class or tested on the exam is limited to simple computational exercises to illustrate tax rules and their application.