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ARTICLE · 23 FEBRUARY 2009

Québec Fights Aggressive Tax Planning

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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On January 30, 2009, the Québec Minister of Finance, Monique Jérôme-Forget, released proposed legislative changes in her fight against aggressive tax planning (ATP).

CanadaTax

On January 30, 2009, the Québec Minister of Finance, Monique Jérôme-Forget, released proposed legislative changes in her fight against aggressive tax planning (ATP). A 132-page working paper serves as background to the public consultation on these proposed measures.

Québec's goal is to discourage ATPs by tempering the users' risk/return ratio and by discouraging the inception and marketing by tax advisors of "off the shelf" tax products.

The proposed changes target tax avoidance transactions which respect the letter of the law but abuse its spirit. These transactions effectively reduce taxes payable to a level lower than what is intended by tax policy. This global phenomenon is not new in Québec, although its propagation to a growing number of taxpayers is more recent. Québec believes that were it not for the tax authorities' intervention in the last few years in order to put an end to certain ATPs, Québec's financial losses could have reached about half a billion

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