Rio Tinto Alcan Inc. v. The Queen, 2016 TCC 172
| Jurisdiction | Federal Jurisdiction (Canada) |
| Subject Matter | INCOME TAX,COMPANY LAW |
| Citation | 2016 TCC 172 |
| Court | Tax Court (Canada) |
| Date | 15 July 2016 |
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9 practice notes
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Canada v. Rio Tinto Alcan Inc., 2018 FCA 124
...Act on the basis that they were incurred on account of capital. [3] The Tax Court of Canada, per Hogan T.C.J., in a decision reported as 2016 TCC 172 (Reasons), found that a substantial portion of the fees paid to the investment bankers was deductible on the basis that the fees were incurre......
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RECONSIDERING THE INCOME TAX TREATMENT OF INVESTIGATION FEES.
...Tax Act, RSC 1985, c 1 (5th Supp). All statutory references are to the Income Tax Act unless otherwise noted. (4) Rio Tinto Alcan Inc v R, 2016 TCC 172 [Rio Tinto (5) Rio Tinto TCC, supra note 4 at paras 72 and 88. (6) Rio Tinto FCA, supra note 1 at para 80. (7) R v Rio Tinto Alcan Inc, 201......
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Devon Canada Corporation v. The Queen, 2018 TCC 170
... Ibid., ¶9. [57] ONEnergy Inc. v The Queen, 2018 FCA 54, ¶17. [58] See Rio Tinto Alcan Inc. v The Queen, 2016 TCC 172, ¶206; aff’d, 2018 FCA 124. [59] Respondent’s Written Submissions (“Crown’s Submissions”), filed......
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Robinson v. The Queen, 2019 TCC 181
...and Arthurs v. The Queen 2003 TCC 636 (Inf.). [33] Section 67.6 of the Act. [34] Paragraph 18(1)(b) of the Act. [35] Rio Tinto, 2016 TCC 172, at para 79, aff’d by FCA. [36] Exhibit A-15. [37] Was it salary, royalties for use of the patents, management fees, dividends or some combination of ......
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4 cases
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Canada v. Rio Tinto Alcan Inc., 2018 FCA 124
...Act on the basis that they were incurred on account of capital. [3] The Tax Court of Canada, per Hogan T.C.J., in a decision reported as 2016 TCC 172 (Reasons), found that a substantial portion of the fees paid to the investment bankers was deductible on the basis that the fees were incurre......
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Devon Canada Corporation v. The Queen, 2018 TCC 170
... Ibid., ¶9. [57] ONEnergy Inc. v The Queen, 2018 FCA 54, ¶17. [58] See Rio Tinto Alcan Inc. v The Queen, 2016 TCC 172, ¶206; aff’d, 2018 FCA 124. [59] Respondent’s Written Submissions (“Crown’s Submissions”), filed......
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Robinson v. The Queen, 2019 TCC 181
...and Arthurs v. The Queen 2003 TCC 636 (Inf.). [33] Section 67.6 of the Act. [34] Paragraph 18(1)(b) of the Act. [35] Rio Tinto, 2016 TCC 172, at para 79, aff’d by FCA. [36] Exhibit A-15. [37] Was it salary, royalties for use of the patents, management fees, dividends or some combination of ......
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Procon Mining & Tunnelling Ltd. v. The Queen, 2022 TCC 71
...If it is acquired for the purpose of being turned over, it is inventory. [Emphasis added] [18] In Rio Tinto Alcan Inc. v. The Queen, 2016 TCC 172, Justice Hogan wrote: [86] The Respondent correctly notes that the Appellant acquired the Pechiney shares for the long term with a view to obtain......
4 firm's commentaries
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Tax Court Allows Deduction for Advisory Fees in M&A Transaction
...position, such expenses have had limited to no practical tax benefit. By rejecting CRA’s position, the Rio Tinto Alcan Inc. v The Queen (2016 TCC 172) decision has delivered a significant victory for companies, especially given the magnitude of fees associated with M&A transactions. Oversig......
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Tax Court Allows Deduction For Advisory Fees In M&A Transaction
...position, such expenses have had limited to no practical tax benefit. By rejecting CRA's position, the Rio Tinto Alcan Inc. v The Queen (2016 TCC 172) decision has delivered a significant victory for companies, especially given the magnitude of fees associated with M&A transactions. Ove......
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Rio Tinto Alcan v. The Queen: Welcome Expansion Of The Canadian Tax Deductibility Of M&A Transaction Expenses
...of operations. The decision in Rio Tinto is therefore a welcome development in Canadian tax law. Footnotes Tinto Alcan Inc. v. R., 2016 TCC 172, currently on appeal to the Federal Court of Paragraph 18(1)(b) of the Income Tax Act (Canada) precludes a deduction for an outlay or expense made ......
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Federal Court Of Appeal Confirms Tax Deductibility Of Oversight Expenses In M&A Transactions
..."case by case basis".8 Should you require advice about your specific situation, please contact any member of the BLG Tax Group. Footnote 1 2016 TCC 172 [Rio Tinto 2 RSC 1985 c. 1 (5th Supp.) [Tax Act]. 3 Rio Tinto (TCC), para. 76. 4 Rio Tinto Alcan Inc. v The Queen, 2018 FCA 124 [Rio Tinto ......
1 books & journal articles
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RECONSIDERING THE INCOME TAX TREATMENT OF INVESTIGATION FEES.
...Tax Act, RSC 1985, c 1 (5th Supp). All statutory references are to the Income Tax Act unless otherwise noted. (4) Rio Tinto Alcan Inc v R, 2016 TCC 172 [Rio Tinto (5) Rio Tinto TCC, supra note 4 at paras 72 and 88. (6) Rio Tinto FCA, supra note 1 at para 80. (7) R v Rio Tinto Alcan Inc, 201......