Doing Business in Canada
Contributed by Amanda Banks
19 March, 2012

In so far as the attractiveness of a country's investment climate is determined by factors such as access to sizeable markets, labour force quality and availability, capital costs, regulatory environment, and business infrastructure, Canada could certainly be seen as one of the world's front runners. The country has a small but relatively affluent domestic market, and shares close economic ties with the US. A well developed and efficient transportation infrastructure and plenty of natural resources (including arable crops, timber, crude oil and natural gas, copper, zinc, iron ore, and fish!) offer support to the business community, and in annual Global Competitiveness Reports, Canada's information technology and communications infrastructure usually figures highly.
But there are other factors to be considered - how attractive is the taxation regime for foreign investors, both on a corporate and a personal level? What are the incentives on offer in terms of taxation and government assistance? In this article we will be looking at the ways in which foreign corporations can do business in Canada, and the taxation implications of each choice.
Corporate Taxation In Canada
Corporations resident in Canada are liable for taxation on their world-wide income, but a non-resident corporation is liable only on income from business carried out in Canada, and disposal of 'taxable Canadian property' (which includes but is not limited to: real and resource property situated in Canada, shares of a Canadian corporation other than a widely traded public corporation, shares of a resident private corporation, capital property used during the course of Canadian business, and certain interests in partnerships or trusts).
The rate of corporate tax in Canada is 38%, but after a 10% federal abatement and a 9% rate reduction are deducted, the gross corporate tax rate in 2009 was 19% (having been cut from 19.5% in 2008 and 21% in 2007). The gross corporate tax rate then fell to 18% in 2010, and will fall further to 16.5% in 2011, and 15% in 2012.
Investment income (other than most dividends) is subject to tax at the federal rate of 29.1%, in addition to a refundable federal tax of 6.7%, for a total federal rate of 35.8%.
More comprehensive information on corporate tax rates is available from the Canada Revenue Agency website.
Provincial and territorial corporate tax rates are added to the basic rate, and vary between less than 2.5% and 16%. In some provinces (eg British Columbia) taxation rates are reduced for manufacturing or processing income earned by any corporation. A proportion of capital gains are added to income for tax purposes. Private corporations are subject to a 33 1/3 % tax on dividends received from a company in which they have less than a 10% holding (portfolio investment).
A tax on corporate capital which was particularly unpopular with Canadian corporations was dropped in the 2003 budget, being phased out over a period of 5 years.
In November, 2006, the Canadian Supreme Court struck a blow against the government's General Anti-Avoidance Rule (GAAR) by ruling that transactions structured to legitimately minimise tax payments do not constitute a breach of the law.
In the case of the Queen v. Canada Trustco Mortgage Company , the transaction at issue was a leveraged sale-leaseback which resulted in the taxpayer having minimal economic risk.
Finding in favour of the taxpayer, the Supreme Court decided that the transaction in question was not structured illegally and, therefore, found that it did not fall outside the "object, spirit or purpose" of the capital cost allowance provisions of the Tax Act.
Crucially, the Court also stated that the Tax Act continues to "permit legitimate tax minimization" and that the GAAR should be applied in a "consistent, predictable, and fair" manner to provide certainty for the taxpayer.
Introduced in 1988, the GAAR was intended to act as a catch-all anti-tax avoidance measure which compelled taxpayers to comply not just with the letter of the law, but with the spirit of the tax legislation.
"It's an extremely important case," observed Alan Wheable, senior vice-president of taxation for Toronto-Dominion Bank, the parent company of Canada Trustco Mortgage Company.
"I think it's reassuring to both regular taxpayers and the government, because I think it indicates that the government can't do whatever it wants [even though] there are definite limits on taxpayers," he added.
In his March 2007 budget, Finance Minister Jim Flaherty announced that that he would eliminate the deductibility of interest on debt taken on by companies to finance foreign affiliates to stop companies claiming deductions both in Canada and the country where they are making acquisitions.
However, the proposal provoked an outcry from businesses and tax experts, who warned that the move could severely hamper Canadian firms' ability to compete in both the international and domestic market place.
As a result of this outcry, Mr Flaherty was obliged to clarify his proposal, insisting that the plan was aimed only at firms exploiting offshore structures to 'double dip.'
"If one looks at what I've said, every time I've spoken on this topic, I've said the focus and target is on double-dipping, that is double interest deductions by corporations using tax havens," Flaherty told reporters.
He also added that: "We are going to make illegal the use of double deductions and tax havens. They will have the benefit of a single deduction."
"It's about tax fairness. This is a continuing issue in Canada that if we're going to lower taxes overall for individuals and for corporations then we must have tax fairness - that is everybody must pay their fair share and you don't pay your fair share if you're using a tax haven and taking a double dip."
The 2008 budget provided further assistance for Canadas manufacturing and processing sector by extending accelerated capital cost allowance (CCA) treatment for investment in machinery and equipment for three years. Specifically, the 50% straight-line accelerated CCA treatment will apply for one additional year, and the accelerated treatment will then be provided on a declining basis over a two-year period.
The government also announced measures to support the small and medium-sized businesses by improving the scientific research and experimental development tax incentive program and easing the tax compliance burden by reducing the record-keeping requirements for automobile expense deductions and taxable benefits.
In addition, the 2008 budget enhanced the cross-border business and investment environment by streamlining cross-border tax-withholding and return-filing rules.
In May 2008, the Advisory Panel on Canadas System of International Taxation issued a consultation paper, 'Enhancing Canadas International Tax Advantage.'
The creation of the Advisory Panel was announced by the government in November 2007. Its goal is to help guide the establishment of an international tax policy framework respecting foreign investment by Canadian businesses and investment into Canada by foreign businesses.
With increasing globalization comes more competition from foreign businesses, noted Peter C. Godsoe, the Panels chair. Our panels goal is to ensure Canadas system of international taxation maintains its support for Canadian businesses as they compete abroad, while continuing to attract new foreign investment to Canada.
The paper poses a series of questions about Canadas international taxation system, sets out some of the Panels initial views and invites public comments on how to improve the competitiveness, efficiency and fairness of Canadas international taxation system.
Registration Without 'Permanent Establishment'
There are several ways in which foreign corporations can do business in Canada (excluding Canadian Controlled Private Corporations or CCPCs, which are not really of interest to foreign companies). Each involves various degrees of residence and establishment, and has very specific advantages and disadvantages. The first of these is registration in Canada without a 'permanent establishment' (such as a branch, office, or place of management) there. Any company wishing to do business in Canada must first be incorporated, under Canadian federal or provincial legislation, or in a foreign country. A company wishing to do business in the country without setting up a permanent establishment should, for the purposes of registration, be classified as an 'extra provincial corporation': this term is used to describe a company registered in a Canadian province other than the one in which it is doing business, but it can equally apply to a corporation registered in a jurisdiction outside Canada.
If applicable to the kind of business or service being provided by the non-resident entity, this structure can sometimes prove advantageous from a taxation point of view if the non-resident's country of origin has a double taxation agreement with Canada. Many treaties provide that the profits of the foreign corporation doing business in Canada will only be subject to Canadian income tax if the activity takes place through a 'permanent establishment'; thus, no Canadian tax will be payable. With this type of structure, start-up costs can also sometimes be utilised against income tax in the foreign entity's home country.
However, if there is no bilateral tax agreement between the two countries, then even if there is no permanent establishment in Canada, the corporation's taxable income will generally be subject to a combined federal and provincial tax. Also, legal liabilities may be greater, and must be borne by the non-resident company, and the lack of a permanent establishment in the country may severely prejudice the corporation's chances of receiving government assistance.
Canadian Subsidiary Corporation
Another, perhaps more usual way of doing business in Canada for a foreign corporation is to establish a Canadian subsidiary corporation. The subsidiary will be subject initially to a combined federal and provincial corporate income tax of up to 35% (as corporate taxation rates do vary from province to province), and then to withholding taxes (which vary according to applicable double tax treaties) on the repatriation of dividends to the home country. However, there is no obligation to repatriate Canadian after tax profits, and if left to accumulate in Canada, they may eventually be realised by the sale of shares in the subsidiary corporation. Although the shares sold in this eventuality would undoubtedly be classed as 'taxable Canadian property', and would thus fall under the Canadian capital gains net, tax treaties, if they exist between Canada, and the foreign entity's home country may again save the day.
The use of a subsidiary corporation is generally more convenient for registration, administration and compliance purposes, and the foreign parent company will be insulated to a certain extent, in that its liability will usually be limited to its investment in the subsidiary. A subsidiary also provides a greater degree of flexibility, in that Canadian corporate reorganisation rules can be utilised to permit reorganisation without immediate tax consequences. However, non-residents seeking to finance Canadian subsidiaries often prefer to do so through debt rather than equity in order to maximise interest deductions against Canadian income (called 'thin capitalisation'), and Canadian tax laws restrict the degree to which this device can be used. The thin capitalisation rules are sometimes a powerful reason for not incorporating in Canada.
Canadian Branch Office
Some international companies looking to set up operations in Canada choose to establish a Canadian branch office, for reasons that will be explained later. Branch offices are subject to the same level of combined federal and provincial corporate income tax as subsidiaries, and in order to equalise the Canadian tax consequences between these two major options, the branch's after tax profits are then subjected to a 'branch tax' (currently around 25%) unless reduced by a treaty. However, earnings reinvested in Canadian assets are not subject to the tax; also, certain organisations, including banks and those in the communications, mining, and transport industries, are exempt from branch tax, and so might find this a more attractive option.
Branch financing is not subject to the 'thin capitalisation' rules which apply to subsidiaries, and depending on the home country's tax rules, losses incurred by the Canadian branch , may be deductible by the foreign parent company for foreign tax purposes. The aforementioned investment allowance whereby profits reinvested in Canadian assets are free of branch tax may also free up the movement of cash between the Canadian branch and its foreign head office if a sufficient investment allowance is maintained.
However, a Canadian based branch office offers no liability cushion in terms of the assets of the foreign corporation. Administratively, and in terms of registration, branch offices can be more problematic, and unlike the withholding tax on subsidiary dividends, the payment of branch tax cannot be delayed, and must be paid annually. There is also the problem that a corporate reorganisation abroad may constitute a deemed disposition of Canadian assets, and give rise to Canadian tax consequences.
So Which Is Best ?
Ah, the $64,000 (that's $99,921 CAD!) question. Although taxation will obviously play a strong part in the decision about how and where to establish a Canadian based business, it shouldn't be your only consideration. Different types of business demand different treatment. Looking at it strictly from the point of view of Canadian taxation, it may seem preferable to carry out business through a branch office, especially in the start-up period where losses may occur. However, reasons unrelated to taxation such as liability limitation and cost often make a Canadian subsidiary the preferred choice. The decision, however, is yours to make, although obviously qualified professional advice is a must.
Federal and Provincial Investment Incentives
On a federal level, the Canadian government offers tax credits and incentives for manufacturing and research and development enterprises, duty relief on the manufacturing and processing of export, and assistance for various training programmes. In addition, each of the Canadian provinces levies different levels of corporate taxation, offers various investment incentives for foreign investors, and has diverse areas of expertise. In some provinces, although foreign investment is certainly encouraged, there are restrictions placed on the degree of permitted foreign ownership in certain sectors, such as financial services.
However, in British Columbia, there are tax incentives specifically designed to encourage international investment in the financial services sector - qualifying firms in Vancouver are currently refunded 100% of provincial income tax on their international operations. In Quebec, the accelerated depreciation rules for manufacturing enterprises are some of the most favourable in Canada, and Manitoba and Saskatchewan are lowering their income tax rates. Although there is not the time (or space) to detail all of the many and various incentives offered by the different Canadian provinces, you may be beginning to see that choosing where to locate your Canadian business may prove as hard, if not harder, than choosing an offshore jurisdiction in which to locate your assets!
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- » Malta Gaming Authority Publishes Guidance Document On Brexit Impact
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- August (7)
- » Five Primary Examples Of Offshore Asset Protection Benefits In Belize
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- July (12)
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- June (7)
- » FAQs on Indian Permanent Account Number (PAN)
- » Indian Withholding tax rates under provision of Double Taxation Avoidance Agreement
- » Seven Trends in Offshore Banking
- » Three Advantages Of Belize Offshore Banking
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- March (15)
- » Cyprus Holding Company For Zero Taxes
- » Stamp Duty Land Tax Explained
- » Fifth EU Anti-Money Laundering Directive published
- » Taking Advantage of the UK ISA Allowance Before the Tax Year Ends
- » Malta introduces new guidelines for long term leasing, reducing the vat liability of pleasure yachts
- » EU VAT Number
- » Business Closure Procedure to Avoid Future Taxes
- » Interview with Emily A. Georgiades on Financial Crime by Gold Magazine
- » Increased Interest by High Net Worth Individuals of South Africa for the Cypriot Citizenship by Investment Program
- » A Few Tips for Automatic Exchange of Information Reporting
- » Estate and gift taxes in Cyprus - planning is needed
- » International Tax Landscape shake-up for Multinational Businesses
- » Massive legislation changes affecting Offshore Tax Regimes and Economic Substance Requirements
- » More Corporate and Tax Legislation Changes of Offshore Companies
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- February (8)
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- » Cyprus introduces stricter rules for citizenship by investment program
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- January (5)
- » Observations of the AGM of Association of Cyprus International Investment Firms
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- » New rules for property tax and tax homesteads
- » Gibraltar publishes rules implementing EU rules against Tax Avoidance Practices
- » Notaries in Estonia will be empowered to certify documents via video link
- » The Cyprus Tax System Explained in a Simple Way
- » The Power of Sailing BVI Yacht Registration
- » The Intra-Corporate Transfer Regulations
- » 'The UK can unilaterally decide to Remain in the EU' - Advocate General, Court of Justice of the European Union
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- » Gibraltar Association for New Technologies GANT
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- » Time Is Running Out For Expats Behind on Taxes
- » GDPR WARNING: Why Not Shredding Your Data Could Cost Your Company Millions
- » Trust and Corporate Services Provider (TCSP) Licensing in Hong Kong
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- September (18)
- » 10 Most Common Tax Return Mistakes To Avoid
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- » Why Should I Care About The FTSE 100?
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- » Why Switzerland Is The Best Place To Establish A Business
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- » Pension for Life: An Achievable Dream
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- » Benefits of Setting Up a Shams Free Zone Company In the United Arab Emirates
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- 2017
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- May (6)
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- April (3)
- March (4)
- February (18)
- » Exactly which US expats have to file an IRS tax return?
- » The best citizenship by investment programs for 2017
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- » Cyprus introduces rules to implement Country by Country reporting requirements
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- » Potential Non-Dom Solutions: QNUPS
- » Tax Calendar 2017
- » Cyprus Investment Immigration Programmes
- » Reforms to the Taxation of UK Non-Domiciles
- » Potential Non-Dom Solutions: Trusts
- » Restarting the Clock: Residency Solutions for Non-Doms
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- January (4)
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- 2016
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- June (8)
- » The Corporate Governance Review - Cyprus 2016
- » Double Tax Treaty between Cyprus and Latvia signed
- » How Canada Taxes Real Estate Gains Of Non-Residents
- » Cyprus - Seychelles collaboration through the double taxation treaty
- » Eight Myths Regarding Being Non-Resident For Canadian Tax Purposes
- » Tax Issues for Non-Resident Actors & Entertainers in Canada
- » The Tax-Efficient Way For Foreign Corporations To Acquire Canadian Corporations
- » Why do online entrepreneurs need to structure their companies carefully?
- May (2)
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- 2015
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- 2014
- December (2)
- November (6)
- » NEWSLETTER: THE NEW PENSION FLEXIBILITY FROM APRIL 2015: THE DETAIL EXPLAINED
- » NEWSLETTER: THE NEW PENSION DEATH TAXES FROM 6.4.15 EXPLAINED
- » NEWSLETTER: NEW CAPITAL ADEQUACY REQUIREMENTS FOR SIPP PROVIDERS AND UNREGULATED INVESTMENTS WITHIN SIPPS
- » QROPS BULLETIN - NOVEMBER 2014
- » Controlled Foreign Companies (CFC) legislation voted by the State Duma
- » Migrating the residence of the target company from Costa Rican jurisdiction raises tax consequences
- October (2)
- September (5)
- August (5)
- July (1)
- June (9)
- » Banking in a Tax Haven isn't what it used to be!
- » Italian Tax Cuts
- » Part-Time Self-Employed Tax Submission
- » Life in the Sun: The Ease of Benefitting from Tax Residence in Malta
- » Cyprus Corporate Governance 2014
- » NEWSLETTER: HMRC tightening up on SSASs, unregulated product providers targeting PSLS, recycling issues, and an international pension conference
- » The Liability of Shareholders for the Tax Debts of a Company
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- May (4)
- » The Dispute Resolution Review [Cyprus], Sixth Edition, Editor Jonathan Cotton
- » QROPS BULLETIN - MAY 2014
- » Malta Individual Investor Program - Facilitating Citizenship Through Investment in the Republic of Malta
- » NEWSLETTER: SIPP opportunities, new investment challenges for IFAs and delays in SSAS registration
- April (3)
- March (6)
- » Thin Capitalization in India
- » NEWSLETTER: Budget 2014: Important changes to pensions
- » QROPS BULLETIN - MARCH 2014
- » NEWSLETTER: Reallocation of assets/Beware if setting up a new scheme to beat the end of the tax year/UK pensions for non-UK residents
- » INSIGHT SIPP
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- February (8)
- » Murdoch and News Corp Receive $882m Australian Tax Rebate
- » Tom Perkins Believes that Taxes will lead to 'Economic Extinction' of the 1%
- » Weariness of Refund Fraud Heightens as Tax Season Returns
- » QROPS BULLETIN - FEBRUARY 2014
- » NEWSLETTER: CHANGES COMING INTO FORCE ON 6TH APRIL 2014
- » International Civil Fraud - Cyprus
- » New Online Pension Products And Services For Advisers
- » DFM Platform SIPP
- January (3)
- 2013
- December (1)
- November (6)
- October (6)
- » Seminar Invitation: QROPS/QNUPS/IHT Implications/New Platform/Fund Management and Online SIPP
- » Cyprus: Does the Boomerang Really Come Back Sometimes?
- » QROPS BULLETIN: OCTOBER 2013
- » The Importance of Planning
- » Why Malta?
- » NEWSLETTER: Protection update and more reasons why everyone needs to save more
- September (1)
- August (4)
- July (7)
- June (6)
- » Incentives for Third Country Nationals to Invest in Cyprus - Significant Improvements
- » QROPS BULLETIN: JUNE 2013
- » Introducing the ACORN LITE SIPP for Regulated Investments & Bank Accounts
- » Inheritance Tax U-Turn: Expats Must Plan Ahead
- » Landmark Supreme Court Judgment on the Rights of Depositors
- » Newsletter - June 2013
- May (7)
- April (3)
- March (7)
- » Return to 120% of GAD and ensuring SSASs are properly run
- » QROPS for Financial Advisers QROPS Choice
- » Forming a company in Monaco
- » Increase in Minimum Annual Tax Burden in Luxembourg and Restructuring Solution
- » Announcing the Launch of an Isle of Man QNUPS
- » Monaco Residency - easy process?
- » Why consider Monaco?
- February (11)
- » UK Publishes Draft Legislation on Offshore Companies Which Own UK Property
- » New 'Approved Manager' Regulations for Hedge Funds
- » Announcing the Launch of a Guernsey QNUPS
- » Changing Gears - Investment Funds in the British Virgin Islands are Moving from Strength to Strength
- » Asset Tracing Recovery Tools in the BVI
- » Depardieu, taxes and untrodden paths
- » Why you Should Choose the BVI for your Fund
- » Fast and Simple in BVI
- » Guide to Incorporating Companies in the BVI
- » QROPS: An Overview of Jurisdictional Differences
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- January (7)
- » New Modifications to the Commercial Code
- » QROPS BULLETIN: JANUARY
- » Why isn't offshore dying?
- » Laws part of the Memorandum agreed for financial assistance to be provided by the Troika voted by Cyprus Parliament
- » The Autumn Statement 2012
- » Dubai - Property ownership through company structures
- » Money Laundering
- 2012
- December (2)
- November (7)
- » The Cyprus International Trusts
- » Increase in minimum annual tax burden in Luxembourg
- » Panama's Banking Center Reports Almost 12% Growth in Assets
- » Why do business in Bulgaria?
- » Setting up an LLC in Dubai
- » BVI Law Holds Even Keel Between Rights of Investors and Rights of Mutual Funds
- » A CHOICE OF NEW SIPPS
- October (8)
- » Offshore Companies Owning UK Residential Property Need To Take Urgent Action
- » QROPS BULLETIN OCTOBER
- » Announcing the Launch of the QROPS TRANSIT SIPP
- » Unisex GAD rates and a new service for defined benefit schemes
- » Will Cyprus collapse?
- » ARBITRATION AS EXPEDITED OPTION FOR CONFLICT RESOLUTION
- » Incentives for third country nationals to invest in Cyprus
- » Insight SIPP For Sophisticated Investors
- September (6)
- » Property in SIPP/SSAS and Death Benefit Trap
- » QROPS Bulletin September
- » Panama - Training, Tax Deductible
- » NEWSLETTER: SIPP cash rates, Unisex GAD rates, annuity rates worsen even more - and opportunities for IFAs!
- » SIPP / SSAS: COMMERCIAL PROPERTY MATTERS
- » SIPP / SSAS: COMMERCIAL PROPERTY MATTERS
- August (12)
- » QROPS BULLETIN
- » NEWSLETTER: Warnings for SSASs and those with Enhanced/Fixed Protection, property and illiquidity issues and the true costs of pensions
- » Form a Singapore Company
- » Offshore Companies Owning Uk Residential Property Need To Take Urgent Action
- » U.S. Law Jeopardizes the Panamanian Banking Secrecy
- » The Professional's Toolkit Shelf Companies
- » Weathering the storm
- » Funds article for New Europe
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- » QROPS BULLETIN August
- » Incorporation In Hong Kong
- » A gateway to the booming Asian market
- July (3)
- June (5)
- May (6)
- » Trusts & Foundations - The Best Tools for Giving...
- » NEWSLETTER: Pensions post 6.4.12 – the new Rules explained
- » Why you should consider Switzerland as part of your international tax planning arrangements?
- » A Different Style : VISTA Trusts 8 years later
- » Securities and investment business regulations in the British Virgin Islands
- » VAT Yacht Leasing Scheme
- March (4)
- February (1)
- January (7)
- » Cyprus Hydrocarbons Exploration and Exploitation: the Legal Framework and Licensing for hydrocarbon reserves in Cyprus' Exclusive Economic Zone
- » Cyprus Investment Firms
- » Outward Investment from Canada - The Offshore Perspective
- » Trade Marks in Cyprus: Registration, Protection and Infringement of Trade Marks and Community Trade Marks in Cyprus
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- » The Professional's Toolkit - Shelf Companies
- » International Financial Centre Profile
- 2011
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- » QROPS / QNUPS: Jurisdictional differences matter to Clients
- » Panama Pacifico: Gateway to the Americas
- » Income Tax Implications for Non-Residents Investing in Canadian Real Estate
- » QROPS Bulletin May 2011
- » QROPS Proposition: SIPP Specialists Hold a Unique Market Position
- » QROPS: Choice of Jurisdictions on Isle of Man
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