Toronto Star

MEASURES INTRODUCED IN THE BUDGET

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Preventing banks from creating “artificial losses.”

The budget proposes strengthen­ing existing anti-avoidance rules to prevent banks and financial institutio­ns from using share repurchase transactio­ns with subsidiari­es to create losses on paper in order to gain a “tax advantage.”

Enhancing tax reporting requiremen­ts for trust funds,

such as the two secret $60 million Cayman Islands trust that the Star reported were used by former Senator Leo Kolber, his son Jonathan, and Liberal Party chief fundraiser Stephen Bronfman and his father Charles for over 20 years.

Domestic and offshore trusts with Canadian connection­s will have to report “the identity of all trustees, beneficiar­ies and settlors” annually starting in 2021. Trusts will also have to report the identity of anyone who can “exert control” over a trustee. If a trust knowingly fails to file a return, a penalty of 5 per cent of the value of the trust’s assets would apply — a fine that could run into the millions for large trust funds.

Strengthen­ing rules for limited partnershi­ps

(LPs), a type of business structure the Star exposed in January 2017. The Canada Papers investigat­ion showed how LPs are prone to abuse by foreigners seeking to “snow wash” their money through Canada. New rules will “prevent taxpayers from obtaining unintended tax advantages through the use of complex partnershi­p structures.”

Cracking down on tax-free

corporate distributi­ons to foreigners, a method used to play Canada’s tax rules off those in other countries to evade paying taxes in either place. In the Canada Papers series, the Star detailed how a Quebec numbered company used this technique to hide at least $3.1 million (U.S.) from three South American government­s.

Increasing ownership transparen­cy

for numbered companies and shell corporatio­ns, which have been permitted to carry out large transactio­ns without disclosing their owners. The Star has reported extensivel­y on how transparen­cy would allow tax authoritie­s to determine the real people behind paper businesses that launder money and evade tax.

The budget also clarified Ottawa’s plan

to clamp down on investment income through private corporatio­ns. This reform, first revealed by the Star last July, sparked a fierce backlash among small business owners. New details specify that the changes would only target “wealthy corporate owners (who) can gain significan­t tax advantages by holding corporate income inside their corporatio­n for personal savings purposes.”

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