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Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Partner

Anu Nijhawan

M&A, Corporate Financing and International Tax Lawyer at Bennett Jones Calgary

When Canadian multinationals issue discounted bonds, notes and similar obligations in a foreign currency, the tax consequences of repaying the debt are governed by subsections 39(2) and paragraph 20(1)(f) of the Income Tax Act (Canada). <a href="/sitecore/service/notfound.aspx?item=core%3a%7b13625BA3-D63A-493B-95F4-614BC797C9B7%7d%40en">Jared Mackey</a> and <a href="/sitecore/service/notfound.aspx?item=core%3a%7b5ACD4C1C-669D-4296-BB50-63DF73832411%7d%40en">Anu Nijhawan</a> explore the application and interaction of these provisions, which can give rise to unexpected results.

Tax Considerations on the Repayment of Discounted Foreign Currency Obligations

Hennadiy Kutsenko

Tax lawyer at Bennett Jones Toronto

Associate

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the efficacy of any such arrangement requires that no tax be payable prior to the time an individual receives a cash payout. To ensure that result, it is critical to avoid the application of the "salary deferral arrangement" rules under the Income Tax Act (Canada).

Incentivizing Employees Avoiding a Salary Deferral Arrangement

Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Wesley R. Novotny

Marshall R. Haughey

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

The Canadian Department of Finance introduced draft legislation in the <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.budget.canada.ca/2023/home-accueil-en.html" target="_blank">2023 Canadian Federal Budget</a> (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the business. We provided an overview of the rules initially proposed in Budget 2023 in <a href="https://www.bennettjones.com/Blogs-Section/Employee-Ownership-Trusts-A-Useful-Tool-for-Employee-Business-Ownership">Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?</a>, and recommended various revisions to the proposed rules to improve the tax incentives and ease some of the conditions required to qualify for EOT treatment. The Department of Finance released <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canada.ca/en/department-finance/news/2023/08/government-consults-canadians-on-budget-2023-measures-to-grow-the-clean-economy-close-tax-loopholes-and-deliver-tax-relief-for-canadians.html" target="_blank">revised EOT legislation on August 4, 2023</a>, addressing some of our concerns but not the big one—the revised EOT legislation still contained minimal tax incentives.

Employee Ownership Trusts Improved Tax Incentives Announced

Employee Ownership Trusts—Improved Tax Incentives Announced

Ted M. Shoub

Corporate, Commercial and Private Corporation Acquisition and Disposition Lawyer at Bennett Jones Toronto

There is a growing international movement to increase employee ownership of businesses. Some jurisdictions such as the United Kingdom and the United States have developed tax rules and incentives to facilitate business ownership by trusts created for the benefit of a business's employees.

Employee Ownership Trusts A Useful Tool for Employee Business Ownership

Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?

Zachary Thacker

Canada has proposed amendments to its employee ownership trust (EOT) rules that improve clarity, reduce risks from disqualifying events, and expand access to the C$10 million capital gains deduction. These changes make EOTs a more practical and attractive succession planning tool for business owners.

New Legislative Proposals Boost the Appeal of Employee Ownership Trusts

Ruth E. Promislow

 Data Security and Privacy, Commercial Litigation Lawyer at Bennett Jones Toronto

Caroline Poirier

Information Technology, Privacy and Data Protection Lawyer at Bennett Jones Montreal

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Canadian privacy regulators found TikTok improperly collected children&rsquo;s data and lacked valid consent. TikTok will implement new privacy measures, emphasizing stronger protections for youth and transparency under Canadian law.

Joint Privacy Commissioner Investigation of TikTok Key Take Aways

Joint Privacy Commissioner Investigation of TikTok Key Take-Aways

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Andrew Young

Tax Lawyer at Bennett Jones Toronto

Issue 38 of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, features a review of notable tax cases, recent court guidance and ongoing appeal activity. This issue includes several articles from members of Bennett Jones&rsquo; Tax group.

Bennett Jones on Tax Disputes Issue 38 September 2025

Bennett Jones on Tax Disputes: September 2025

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

It is clear that the global push for green innovation is no longer just aspirational, it is structural. Over the past decade, countries around the world have implemented a mosaic of policies to accelerate environmentally friendly technologies, many of which intersect with intellectual property. But intellectual property (IP) is just one piece of a much larger innovation puzzle.
Increasingly, we see that financial incentives, regulatory frameworks and IP protections are working in tandem to drive green agri-tech. Incentives can include tax credits, substantial grants supporting climate-smart agriculture, subsidies for carbon farming, or &ldquo;patent box&rdquo; regimes offering reduced tax rates on income from green IP, all of which then shape the behavior of startups and researchers alike. However increasingly the conversation is expanding beyond patents and grants into including carbon markets.

Fast Tracks and Green Gaps Part V

Fast Tracks and Green Gaps Part V: From Carrots to Carbon Credits: How the World is Powering Green Agri-Tech Beyond IP

Christopher A. Travascio

Corporate Commercial and Technology, Media and Entertainment Lawyer at Bennett Jones Toronto

Jung Kuo (John) Ra

Corporate Commercial Lawyer at Bennett Jones Toronto

The latest PitchBook Global Private Market Fundraising Report highlights key trends shaping private capital markets in the first half of 2025. This article examines shifts in regional fundraising dynamics, the continued strength of private debt, the growing scale of secondaries, and challenges facing private equity&mdash;particularly for emerging managers. With capital increasingly concentrated among experienced fund managers, the report offers valuable insights for sponsors navigating fundraising, dealmaking, and portfolio strategy in an evolving market environment.

Top Trends in Private Market Funding

Top Trends in Private Capital Fundraising

Title Alphabetical

Title

BennettJones

Nijhawan Anu

Moch Darcy

Kroft Ed

Johnson Greg

Haymour Jehad

Meyer Kelsey

Haughey Marshall

Sahni Raj

Zweig Sean

Bauer Thomas

Winters John (Jay)

Virji Sophie

Twelve Bennett Jones Lawyers Ranked in Lexperts Special Edition Restructuring and Insolvency

Twelve Bennett Jones Lawyers Ranked in Lexpert's Special Edition :
Restructuring and Insolvency

Authors


Bennett Jones Announcement Twelve Bennett Jones Lawyers Ranked in Lexpert's Special Edition : Restructuring and Insolvency October 1, 2025 Authors Anu NijhawanPartner Darcy D. Moch KCPartner Edwin G. Kroft KCPartner Greg M. JohnsonPartner Jehad HaymourPartner Kelsey J. MeyerPartner Marshall R. HaugheyPartner Raj S. SahniPartner Sean ZweigPartner Thomas A. BauerPartner John (Jay) A. WintersPartner Sophie VirjiPartner Twelve Bennett Jones lawyers are recognized in the 2025 Lexpert Special Edition: Canada’s Leading Restructuring and Insolvency Lawyers, with representation across our Vancouver, Calgary, Edmonton and Toronto offices. Bennett Jones has one of the largest, most experienced restructuring and insolvency practices in Canada. The recognition of our lawyers in this year’s Lexpert Special Edition reflects the strength and depth of our national team and the trust clients place in us to lead them through their most complex and high-stakes matters. With deep cross-border expertise and a fully integrated, business-focused approach, our ranked lawyers deliver strategic solutions that protect and advance our clients’ interests. Our ranked lawyers are: Anu Nijhawan Darcy Moch KC Edwin Kroft KC Gregory Johnson Jehad Haymour Kelsey Meyer Marshall Haughey Rajvinder Sahni Sean Zweig Thomas Bauer John Winters Sophie Virji We congratulate our lawyers on this well-earned recognition. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Anu Nijhawan, Partner • Co-Head of Tax Department Calgary • 403.298.3389 • nijhawana@bennettjones.com Darcy D. Moch KC, Partner Calgary, Vancouver, Edmonton • 403.298.3390 • mochd@bennettjones.com Edwin G. Kroft KC, Partner • Chair, Tax Litigation and Dispute Resolution Practice Vancouver, Toronto • 604.891.5335 • krofte@bennettjones.com Greg M. Johnson, Partner Calgary • 403.298.4470 • johnson@bennettjones.com Jehad Haymour, Partner • Vice Chair, Tax Litigation and Dispute Resolution Practice Calgary • 403.298.7978 • haymourj@bennettjones.com Kelsey J. Meyer, Partner • Co-Head of Restructuring & Insolvency Practice Calgary • 403.298.3323 • meyerk@bennettjones.com Marshall R. Haughey, Partner Calgary, Edmonton • 403.298.3461 • haugheym@bennettjones.com Raj S. Sahni, Partner Toronto • 416.777.4804 • sahnir@bennettjones.com Sean Zweig, Partner • Co-Head of Restructuring & Insolvency Practice Toronto • 416.777.6254 • zweigs@bennettjones.com Thomas A. Bauer, Partner • Co-Head of Tax Department Toronto • 416.777.6540 • bauert@bennettjones.com John (Jay) A. Winters, Partner Calgary, Edmonton • 403.298.8166 • wintersj@bennettjones.com Sophie Virji, Partner Calgary • 403.298.7970 • virjis@bennettjones.com

Twelve Bennett Jones Lawyers Ranked in Lexpert's Special Edition : Restructuring and Insolvency

Authors

Twelve Bennett Jones Lawyers Ranked in Lexpert's Special Edition :
Restructuring and Insolvency