Tax treaties to resolve cross border double tax disputes

Insights and updates of the Canada/US mutual agreement process

If your company is in the midst of a transfer pricing audit in Canada, the US or foreign treaty country, it is important to understand the tax treaty mutual agreement process to eliminate potential double tax. With increasing global transfer pricing enforcement, double tax controversy is on the rise resulting in the need to seek the assistance of the competent authority.

Two years after the Fifth Protocol to the Canada-US Income Tax Convention, the Canada Revenue Agency and the US Internal Revenue Service have agreed to procedures on implementation of an arbitration process to ultimately resolve double tax cases. The memorandum of understanding (MOU) sets forth detailed guidance on an arbitration procedure effective 15 December 2010 and offers the prospect of much greater certainty and timeliness in resolving double taxation or other issues not in accordance with the Convention.

Please join our live Thought Center Webcast panel as they discuss:

• The latest on the mutual agreement tax treaty provision
• The how, when and why of the mutual agreement procedures
• New Canada/US arbitration procedures
• Advance pricing agreements and the role of competent authorities
• Trends in information exchange

Featured Panelists
Elvin T. Hedgpeth, Ernst & Young LLP (US), Tax Controversy and Risk Management Services
Richard J. McAlonan, Ernst & Young LLP (US), Transfer Pricing Controversy Services
Frank Y. Ng, Ernst & Young LLP (US), Tax Controversy and Risk Management Services (former US Competent Authority)
Fred R. O'Riordan, Ernst & Young LLP (Canada), National Tax Services (former Canadian Competent Authority)
Gary L. Zed, Ernst & Young LLP (Canada), Transfer Pricing Controversy Services (former Canadian Competent Authority)

Moderator
Debbie Nolan, Ernst & Young LLP (US), Americas Director of Tax Controversy and Risk Management Services