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Legal Guide

A non-resident trust can be used to carry on business in Canada. A non-resident trust carrying on business in Canada will be subject to ordinary Canadian income tax on any trading profit, as if it were an individual with the highest marginal tax rate. The advantage of using a non-resident trust is that, unlike a corporation, there is no Canadian branch tax or withholding tax on the distribution of after-tax profits by a non-resident trust to its beneficiaries. A trust is not subject to federal or provincial taxes on capital. However, a non-resident trust does not qualify for certain withholding tax exemptions that are available to corporations.

Additional posts from the blog



“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



Canada’s Digital Privacy Rethink: Fines, Enforceable Compliance Agreements and More!

by Timothy Banks

On April 8, 2014, Canada’s government introduced Bill S-4, the Digital Privacy Act, in the Senate. Bill S-4 is the federal government’s latest attempt to reform the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”). It would be a mistake to say that it is largely recycled from the government’s last attempt to reform PIPEDA in 2011 through Bill C-12, which died on the order paper. Here’s what’s different, what’s been dropped, and what seems to be largely the same. Caveat: This is a first read!



Lean times may call for lien measures – What you need to know about miners’ liens in Northern Canada

by Karen Martin

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are experiencing cash flow and working capital shortages. As a result, contractors and others who provide services or materials to mines, whether in the exploration, development, or production phases of such projects, are increasingly looking to miners lien legislation to help them increase their leverage when seeking payment of outstanding accounts.

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