Anu Nijhawan

Partner
Co-Head of Tax Department

T: 403.298.3389 / E: nijhawana@bennettjones.com

Calgary

Anu Nijhawan is a partner in and the co-Head of the Bennett Jones National Tax Group, based in the Calgary office. She provides client-centered and pro-active tax expertise to meet the needs of clients on their most complex issues. She has extensive experience advising a diverse client base on the income tax aspects of corporate and partnership reorganizations, mergers and acquisitions, debt and equity financing transactions, and resource taxation issues. Her practice encompasses all aspects of income tax issues related to international structures for Canadian-based multinational corporations, on investments by non-residents in Canada, and on structuring cross-border acquisitions, divestitures, financings, and derivative transactions. Anu's practice also includes the incorporation of tax into Environmental, Social and Governance (ESG) strategies. In addition, a significant component of Anu's tax practice is devoted to structuring tax-effective employee and executive compensation programs, including cross-border and domestic stock option plans, phantom unit plans and employee stock purchase trusts.

Chambers Canada

"Anu Nijhawan is praised by clients for her 'impeccable work' and being 'instrumental on tax aspects'"

Anu is continuously recognized as a leading corporate tax lawyer in national and international publications, including Best Lawyers in Canada, Canada Legal Lexpert Directory, Chambers Global and World Tax.

Anu has authored numerous articles and presents regularly at tax seminars and conferences on a variety of tax planning topics. Throughout the course of her career, she has taken on leadership roles within the tax community, including currently serving as Chair of the Board of Governors of the Canadian Tax Foundation, Canada’s pre-eminent tax organization. Anu is also on the executive of the Joint Committee on Taxation, through which the Canadian Bar Association and the Chartered Professional Accountants of Canada interact with senior governmental officials in connection with current and proposed tax legislation.

In addition to her practice, Anu is a member of the firm's Partnership Board and is involved with a variety of charitable and community organizations.

What Clients Say

"She took the time to learn about our organization. This allowed her to jump right into the tax analysis and provide us with very insightful and useful tax advice."

Select Experience

Public M&A and Reorganizations
- The management team and employee shareholders of Cando Rail & Terminals Ltd. in connection with AIMCo's acquisition of all of the issued and outstanding shares of Cando Rail from Torquest and the minority shareholders, and in connection with the management team's reinvestment in the go-forward enterprise
- The Patrick D. Bowlen Trust, as Canadian tax and corporate counsel, in its US$4.65-billion sale of the Denver Broncos NFL franchise to the Walton-Penner group
- Canadian Pacific Railway, in its historic US$31-billion acquisition of Kansas City Southern, which will create the first single-line rail network linking the United States, Mexico and Canada
- Cenovus Energy Inc., in its $23.6-billion acquisition of Husky Energy Inc.
- Waste Connections, Inc., in an approximately $13 billion merger with Progressive Waste Solutions Ltd.
- Glencore International, in its acquisition of all the outstanding shares of Viterra for approximately $6.1 billion by way of a plan of arrangement and the sale of certain assets of Viterra to each of Agrium and Richardson International for aggregate proceeds of approximately $2.6 billion
- Shore Gold Inc., in a merger with Kensington Resources Limited by plan of arrangement to create a consolidated diamond exploration and development company with a market capitalization of approximately $885 million at the time of closing
- Canadian Natural Resources Limited, in its approximately $460-million acquisition of Painted Pony Energy Ltd.
- Lone Pine Resources Canada, in its acquisition of Arsenal Energy Inc. and concurrent reorganization into a Canadian public corporation, Prairie Provident Resources
- Eagle Energy Trust, in its acquisition of Maple Leaf Royalties Corp. and concurrent conversion of Eagle into a publicly-traded dividend-paying corporation, Eagle Energy Inc.
- TELUS Corporation in its proposed reorganization into an income trust
- EnCana Corporation, which had an enterprise value of approximately US$50 billion, in its division into two independent publicly traded companies - one new EnCana Corporation, an unconventional natural gas company and the other Cenovus Energy Inc. an integrated oil company
Acquisitions and Dispositions
- First Majestic Silver Corp. in its US$970-million acquisition of Gatos Silver
- Kohlberg Kravis Roberts & Co., in connection with its C$1.19-billion acquisition of an indirect minority equity interest in the Labrador-Island Link from Emera Inc.
- CoolIT Systems Inc., a leading provider of scalable liquid cooling solutions, in its US$270 million acquisition by KKR
- Terravest Industries Inc. in its share acquisition of Platinum Energy Services Ltd. ("Platinum") C$4.85 million
- ATCO Ltd., through Canadian Utilities Limited, in its acquisition from DP Energy of the Barlow (27 MW) and Deerfoot (37 MW) solar projects located in Calgary, which will be the largest solar installation in a major urban centre in Western Canada
- Canadian Pacific Railway Limited in its US$31 billion acquisition of Kansas City Southern
- North West Redwater Partnership in the $480-million transfer of 50% ownership of the North West Redwater Partnership to Alberta Petroleum Marketing Commission as part of a contractual, economic and governance restructuring of the Sturgeon Refinery
- Canadian Utilities Limited, an ATCO company, in the sale of its entire Canadian fossil fuel-based electricity generation portfolio for approximately $835 million, which was completed in three stages, through the sale of its interest in the Cory project in Saskatchewan to SaskPower International Inc., a sale of its interest in the Brighton Beach project in Ontario to Ontario Power Generation Inc., and a sale of the balance of the applicable generation assets through a sale of its equity interest in ATCO Power Canada Ltd. to Heartland Generation Ltd., an affiliate of Energy Capital Partners
- Devon Canada Corporation and Devon Canada Crude Marketing Corporation, in their approx. $3.8-billion sale of substantially all of their assets to Canadian Natural Resources Limited
- Devon Energy Corp., in the sale of its 50-percent ownership interest in Access Pipeline to Wolf Midstream Inc., a portfolio company of Canada Pension Plan Investment Board, for C$1.4 billion
- ATCO Ltd., in the negotiation, structuring and other commercial matters relating to ATCO entering into a strategic alliance with Wipro including 10-year master service agreements governing the provision of IT services by Wipro to the ATCO Group of Companies valued at approximately $1.2 billion
- EOG Resources, Inc., one of the largest independent North American oil and natural gas exploration and production companies, in a divestment of all of its assets in Manitoba and certain assets in Alberta through two separate transactions for approximately US $410 million
Corporate Finance
- Canadian Pacific Railway Company in its US$1.2-billion debt offering of notes, guaranteed by Canadian Pacific Kansas City Limited
- Waste Connections in its C$500-million inaugural offering of senior notes
- ATCO Power (2010) Ltd. in its restructuring and co-ownership, financing, and funding transactions related to Chiniki and Goodstoney First Nations' participation in the Deerfoot and Barlow solar projects
- Canadian Pacific Railway Company, in its public offering via prospectus supplement of an aggregate of $2.2-billion principal amount of notes, guaranteed by Canadian Pacific Railway Limited
- Canadian Pacific Railway Company, in its public offering via prospectus supplement of an aggregate of US$6.7-billion principal amount of notes, guaranteed by Canadian Pacific Railway Limited
- Teine Energy Ltd., in a private placement of US$400-million aggregate principal amount of 6.875% senior unsecured notes due 2029
- Waste Connections, Inc., as Canadian counsel, in its US$600-million cross-border offering of aggregate principal amount of 2.60% senior notes due 2030 pursuant to a U.S. Shelf Registration Statement
- DIRTT Environmental Solutions Ltd., in an announced public offering of $35-million in aggregate principal amount of 6.00% convertible unsecured subordinated debentures in Canada and the United States
- Canadian Pacific Railway, in its public offering of $300-million aggregate principal amount of 3.05% notes due 2050
- Canadian Pacific Railway, in its public offering of US$500-million aggregate principal amount of 2.050% notes due 2030
- Cenovus Energy Inc., in the completion of a US$3.5 billion private offering of debt securities which are exempt from the registration requirements of the Securities Act of 1933 under Rule 144A and Regulation S and the subsequent exchange of such debt securities for debt securities registered under the Securities Act of 1933
CCAA Proceedings and Related Restructuring
- The Board of Directors of Sears Canada, in Sears' CCAA proceedings, one of the largest court-supervised liquidations in Canadian history
- Sino-Forest Corporation, in the Restructuring Support Agreement between Sino-Forest and an ad hoc group of Sino-Forest's noteholders providing for a $1.8 billion restructuring pursuant to the Companies Creditors' Arrangement Act under which Sino-Forest's noteholders and other affected creditors would acquire substantially all of the assets of Sino-Forest
- Lone Pine Resources Canada Ltd. and Lone Pine Resources Inc. with a $400-million cross-border recapitalization and restructuring transaction pursuant to a plan of compromise and arrangement under the Companies' Creditors Arrangement Act (Canada) and ancillary proceedings under Chapter 15 of the United States Bankruptcy Code
Private Equity
- Waterous Energy Fund in its C$1.4-billion third flagship fund formation
- Park Lawn Corporation, a funeral, cremation and cemetery provider, in its C$1.2-billion going private transaction involving Viridian Acquisition
- Morgan Stanley Energy Partners, in its investment in Specialized Desanders Inc., a leading oilfield equipment company
- DirectCash Payments Inc., in its US$460 million acquisition by Cardtronics plc
- Precision Castparts Corp., in its US$560 million acquisition of Noranco from MidOcean Partners and PSP Investments

Recent Recognitions

Chambers Canada

Ranked, Tax
Chambers Global

Band 3, Tax
Lexpert Special Edition—Canada's Leading Finance and M&A Lawyers

Recognized as a leading Finance and M&A lawyer
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada

Ranked, Corporate Tax
Canadian Legal Lexpert Directory

Most Frequently Recommended, Corporate Tax
World Tax

Ranked, Highly Regarded, Women in Tax
Best Lawyers in Canada

Recognized for Tax Law
ILO Client Choice Awards

Recognized as a leading lawyer in Canada for corporate tax
International Tax Review's Women in Tax Leaders

Recognized as one of Canada's leading Women in Tax
Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada

Recognized as a Lawyer to Watch
Lexperts Rising Stars Leading Lawyers Under 40

Recognized as one of Canada's leading 40 lawyers under 40 (2013)

Recent Insights, News & Events

Waterous Energy Fund Closes Third Private Equity Fund at C$1.4 Billion
Client Work / March 31, 2025
Waterous Energy Fund (WEF) announced the final closing of its third private equity fund, Waterous Energy Fund III, at the stated target of C$1.4 billion.
156 Bennett Jones Lawyers Featured in 2025 Canadian Legal Lexpert Directory
Announcements / March 11, 2025
The Canadian Legal Lexpert Directory has recognized 156 Bennett Jones lawyers in the 2025 edition. The firm also received rankings across 32 practice areas.
Chambers Global Ranks Bennett Jones Lawyers in 2025 Guide
Announcements / February 13, 2025
Bennett Jones has been recognized in the Chambers Global Guide 2025, with 49 lawyers ranked across 19 practice areas. Clients in Canada and around the world trust us to navigate their most complex legal matters. Our inclusion in Chambers Global Guide 2025 highlights our commitment to an exceptional client experience, deep industry knowledge and long-standing client relationships.
Twenty-One Bennett Jones Lawyers Recognized in 2025 Lexpert Leading 500 Cross Border Lawyers
Announcements / January 14, 2025
Twenty-one Bennett Jones lawyers are recognized as leading lawyers in the 2025 Lexpert 500 Cross Border Directory (formerly ALM 500). This recognition underscores Bennett Jones' dedication to helping clients with their most complex legal matters. The Lexpert 500 Cross Border Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
Anu Nijhawan Elected Chair of the Canadian Tax Foundation
Announcements / December 02, 2024
Bennett Jones congratulates Anu Nijhawan on her election as chair of the board of governors of the Canadian Tax Foundation (CTF). Her election is a testament to her leadership and accomplishments in the area of tax law, including as a trusted advisor on some of Canada’s largest and most complex transactions.
10 Lawyers Recognized in Lexpert Special Edition: Restructuring and Insolvency 2024
Announcements / October 17, 2024
We are pleased to announce that 10 Bennett Jones lawyers have been ranked in the Lexpert Special Edition: Restructuring and Insolvency 2024, reflecting our team's deep expertise in handling complex insolvency and restructuring cases. This issue highlights how companies in Canada can navigate the mounting economic pressures.
Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
First Majestic to Acquire Gatos Silver for US$970 Million
Client Work / September 05, 2024
First Majestic Silver Corp. and Gatos Silver, Inc. announced they have entered into a definitive merger agreement pursuant to which First Majestic will acquire all of the issued and outstanding common shares of Gatos, in a transaction valued at US$970 million.
Bennett Jones Recognized in ITR World Tax 2025 Rankings
Announcements / August 28, 2024
Bennett Jones, along with eight Bennett Jones lawyers, have ranked in the 2025 edition of ITR World Tax, a comprehensive guide to the world's leading tax lawyers and firms.
Park Lawn Announces Completion of $1.2 Billion Going Private Transaction
Client Work / August 13, 2024
Park Lawn Corporation has announced the successful completion of its previously-announced plan of arrangement transaction involving Viridian Acquisition Inc., a wholly-owned subsidiary of Viridian Holdings LP, a limited partnership collectively owned by Homesteaders Life Company and certain funds the general partner of which is Birch Hill Equity Partners Management Inc. Bennett Jones acted for Park Lawn and the Special Committee of Park Lawn’s Board of Directors.
Bennett Jones Short-Listed as Canadian Tax Disputes Law Firm of the Year in ITR Tax Awards
Announcements / August 01, 2024
Bennett Jones is nominated as Canadian Tax Disputes Law Firm of the Year in the ITR Americas Tax Awards 2024. The firm's top-ranked, award-winning national Tax Disputes team includes Ed Kroft, Jehad Haymour, Deborah Toaze, Wes Novotny, Sophie Virji, Brynne Harding, Sam McDonald and Anna Lekach. Working collaboratively across a national platform, they provide strategic advice and support to clients in avoiding, managing, resolving and, if necessary, litigating tax disputes.
KKR Invests $1.19 Billion in Labrador Island Link Clean Energy Project
Client Work / June 28, 2024
KKR has acquired an indirect minority interest in the Labrador Island Link (LIL) for C$1.19 billion from Emera Inc. The transaction value is made up of C$957 million in cash and C$235 million for assuming Emera’s obligation to fund the remaining initial capital investment. KKR will receive quarterly distribution payments over the remaining life of the 50-year LIL contract.
Twenty-Seven Bennett Jones Lawyers Ranked in Lexpert's Special Edition on Finance and M&A
Announcements / April 18, 2024
Twenty-seven Bennett Jones lawyers are ranked in the April 2024 Lexpert Special Edition—Finance and M&A. The annual feature profiles Lexpert-ranked lawyers in in Corporate Finance, M&A and related practices.
167 Bennett Jones Lawyers Recognized in the Canadian Legal Lexpert Directory 2024
Announcements / March 06, 2024
167 Bennett Jones lawyers have been recognized for their legal expertise in the 2024 edition of the Canadian Legal Lexpert Directory.
Tax Considerations on the Repayment of Discounted Foreign Currency Obligations
Articles / February 27, 2024
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). Jared Mackey and Anu Nijhawan explore the application and interaction of these provisions, which can give rise to unexpected results.
Chambers Global Ranks Bennett Jones Lawyers in 2024 Edition
Announcements / February 15, 2024
Bennett Jones has 49 lawyer rankings across 19 practice areas in Chambers Global 2024. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering 49 detailed rankings and insight into the world's leading lawyers.
Twenty-Three Bennett Jones Lawyers Recognized in 2024 Lexpert ALM 500 Directory
Announcements / January 22, 2024
Twenty-three Bennett Jones lawyers are recognized in the 2024 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. The Lexpert/ALM 500 Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
Incentivizing Employees: Avoiding a Salary Deferral Arrangement
Blog / January 09, 2024
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).
TransAlta To Acquire Heartland Generation From Energy Capital Partners For $658 Million
Client Work / November 22, 2023
Bennett Jones is acting for Heartland Generation Ltd. in its $658 million acquisition by TransAlta Corporation. On November 2, 2023, TransAlta announced it has entered into a definitive share purchase agreement with an affiliate of Energy Capital Partners, the parent of Heartland Generation Ltd. and Alberta Power (2000) Ltd., pursuant to which TransAlta will acquire Heartland and its entire business operations in Alberta and British Columbia.
Landmark Indigenous Energy Infrastructure Equity Partnership in Alberta
Client Work / October 03, 2023
Bennett Jones acted for Canadian Utilities Limited, an ATCO company and its subsidiaries, in their landmark partnership agreement with the Chiniki and Goodstoney First Nations in respect of the 37-megawatt Deerfoot and 27-megawatt Barlow solar power projects.
Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
Bennett Jones Ranks Tier 1 in ITR World Tax 2024
Announcements / August 30, 2023
Eight Bennett Jones lawyers are ranked in the 2024 edition of ITR World Tax, a comprehensive guide to the world's leading tax lawyers and firms.
Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Tax Executives Institute: The Future of the General Anti-Avoidance Rule
Speaking Engagements / May 09, 2023
In light of the recently proposed amendments to "modernize" the General Anti-Avoidance Rule (GAAR) as part of the 2023 Federal Budget, Anu Nijhawan and Jehad Haymour presented at the Tax Executives Institute Annual Canadian Tax Conference on the Future of GAAR.
Supplemental Pension Plans Secured with a Letter of Credit—Federal Budget 2023 Proposes Refundable Tax Relief
Blog / April 05, 2023
Retirement compensation arrangements (RCAs) are, in appropriate circumstances, a useful tool for employers to provide supplemental pension benefits to employees, but such arrangements come at a cost of refundable tax under the Income Tax Act (Canada) (the ITA). The 2023 Federal Budget (the Budget), released on March 29, 2023 (Budget Day), proposes to amend the ITA to exempt, from the refundable tax, fees or premiums to the extent paid for the purposes of securing or renewing a letter of credit or a surety bond for an RCA structured as supplement to a registered pension plan.
Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition
Announcements / March 06, 2023
Bennett Jones has 50 lawyer rankings across 19 practice areas in Chambers Global 2023. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
Twenty-One Bennett Jones Lawyers Recognized in 2023 Lexpert ALM 500 Directory
Announcements / February 06, 2023
Twenty-one Bennett Jones lawyers are recognized in the 2023 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. The Lexpert/ALM 500 Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
Bennett Jones Lawyers Recognized in ITR World Tax 2023
Announcements / September 22, 2022
Nine Bennett Jones lawyers are ranked in the 2023 edition of ITR World Tax, a comprehensive guide to the world's leading tax lawyers and firms.
Anu Nijhawan Nominated for North America Indirect Tax Practice Leader of the Year
Announcements / August 05, 2022
Anu Nijhawan, co-head of the Bennett Jones Tax department, has been shortlisted for ITR Americas Tax Awards 2022 North America Indirect Tax Practice Leader of the Year.
Canadian Tax Foundation: Reimagining the Determination of Tax Avoidance
Articles / June 27, 2022
The Canadian Tax Foundation's newsletter Perspectives on Tax Law and Policy (June 2022) features an article by Anu Nijhawan and Jared Mackey on Reimagining the Determination of Tax Avoidance.
Taxation of Corporations, Partnerships and Trusts, 6th Edition
Articles / June 09, 2022
Anu Nijhawan and Martin Sorensen are contributing editors of Taxation of Corporations, Partnerships and Trusts, 6th Edition, recently published by Thomson Reuters.
Canada Introduces "Excessive Interest and Financing Expenses Limitation"
Blog / February 14, 2022
Multinational corporations, cross-border investments and many other Canadian public and private enterprises, will likely soon face a new and complex interest expense deduction limitation in Canada. [...]
Twenty-Four Bennett Jones Lawyers in 2022 Lexpert/ALM 500 Directory
Announcements / January 06, 2022
Twenty-four Bennett Jones lawyers are recognized in the 2022 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
CP Shareholders Overwhelmingly Support Proposed CP-KCS Merger Agreement
Client Work / December 08, 2021
Canadian Pacific Railway (CP) has announced that its shareholders voted overwhelmingly in favour of the issuance of CP common shares to Kansas City Southern (KCS) common stockholders in connection with the proposed CP-KCS combination.
Fundamentals of Oil & Gas Taxation
Speaking Engagements / November 03, 2021
On November 3, 2021, at the invitation of the Tax Court of Canada, Anu Nijhawan and Wade Ritchie presented on "Fundamentals of Oil & Gas Income Taxation" to the law clerks of the Court.
Bennett Jones Represents ATCO on Western Canada's Largest Urban Solar Project
Client Work / October 07, 2021
Bennett Jones acted for ATCO Group, through its investment in Canadian Utilities Limited, in its acquisition from DP Energy of the rights to build, own and operate two solar installations in Calgary aimed at providing clean, renewable energy to Alberta's power grid and supporting the transition to lower-carbon energy.
Bennett Jones' World Tax Leaders 2022
Announcements / September 29, 2021
Eight Bennett Jones lawyers are ranked in World Tax, a comprehensive guide to the world's leading tax lawyers and firms. Bennett Jones is ranked as a firm in the practice areas: Tax, Tax Controversy and Transactional Tax.
Canadian Pacific and Kansas City Southern Sign Historic US$31-billion Merger
Client Work / September 29, 2021
Canadian Pacific Railway and Kansas City Southern have entered into a historic U.S.$31 billion merger, which will create the first single-line rail network linking the United States, Mexico and Canada. CP's winning bid for KCS was a superior proposal to a competing offer by Canadian National Railway.
Bennett Jones: "Top Tier" in Chambers Canada 2022
Announcements / September 16, 2021
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
Bennett Jones' Best Lawyers in Canada 2022
Announcements / August 26, 2021
146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Bennett Jones Acting for CP Railway in US$29-billion Combination with Kansas City Southern
Client Work / March 22, 2021
Bennett Jones is acting as Canadian counsel for Canadian Pacific Railway in its combination with Kansas City Southern to create the first rail network connecting the United States., Mexico, and Canada. Under the merger agreement, CP has agreed to acquire KCS in a stock and cash transaction representing an enterprise value of approximately US$29 billion. The transformative transaction has the unanimous support of both boards of directors.
Anu Nijhawan Elected to the Partnership Board
Announcements / March 10, 2021
Anu Nijhawan has been elected to the Partnership Board of Bennett Jones. She joins Chairman Hugh MacKinnon, Lead Director Linda Misetich Dann, and members Radha Curpen, Simon Foxcroft, Dominique Hussey, [...]
Canada's Anti-Avoidance Rules: TEI Canada and Bennett Jones
Speaking Engagements / March 09, 2021
Bennett Jones presented a webinar for TEI Canada on the Canadian government announcing its intention to modernize the country's anti-avoidance rules to better "address sophisticated and aggressive tax planning."
TEI Canada Bennett Jones Webinar on CRA Audit Initiatives
Speaking Engagements / March 09, 2021
Bennett Jones presented a webinar for TEI Canada on how Canadian tax authorities are actively engaged in audits, appeals and court challenges.
Bennett Jones in Chambers Global 2021
Announcements / February 21, 2021
Bennett Jones has 51 lawyer rankings in 18 practice areas in Chambers Global 2021. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
Public Company Employee Stock Options: New Limits on Capital Gains-Like Treatment
Blog / February 12, 2021
For many public corporations, employee stock options have historically represented the "holy grail" of equity-based employee compensation. While providing an opportunity for employees to share in their employer's growth in a way similar to shareholders, stock options have also offered tax preferential treatment from the employee's perspective. In this blog, we focus on legislative proposals which will fundamentally alter this tax treatment for options granted by large public corporations (having consolidated annual revenues above $500 million) after June 30, 2021. The legislative proposals were released as part of the Government's 2020 Fall Economic Statement, although the legislation itself has not yet been introduced to Parliament.
Are You Ready for Your CEWS Audit?
Blog / January 18, 2021
The Canada Emergency Wage Subsidy (CEWS) program is by now well-known. It was introduced by the federal government on March 15, 2020, and pays a qualifying employer adversely impacted by the COVID-19 pandemic up to 75 percent of its employees' eligible remuneration.
Not Just a Rent Subsidy: How CERS May Dramatically Affect You
Blog / November 20, 2020
After almost a month of eager anticipation, the federal government has released draft legislation to institute the new Canada Emergency Rent Subsidy (CERS), replacement for the now-expired Canada Emergency Commercial Rent Assistance (CECRA). If implemented as drafted, CERS will mark a radical shift from CECRA.
Bennett Jones Acts for Cenovus in $23.6-billion Combination with Husky
Client Work / October 27, 2020
Bennett Jones is acting for Cenovus Energy Inc. in its combination with Husky Energy Inc. to create a new integrated Canadian oil and natural gas company. The companies have entered into a definitive [...]
Bennett Jones Women in Tax Leaders 2021
Announcements / October 02, 2020
Three Bennett Jones partners are ranked as Highly Regarded in the 2021 Women in Tax Leaders guide, in association with the International Tax Review: Claire Kennedy (also ranked as a Tax Leader) [...]
Bennett Jones' World Tax Leaders 2021
Announcements / October 02, 2020
Eight Bennett Jones partners are ranked in World Tax, a comprehensive guide to the world's leading tax lawyers and firms: Stephen Bowman (Tax Leader) Thomas Bauer (Tax Leader) Jehad Haymour [...]
Formula-Based Employee Appreciation Rights: New CRA Positions Raise the Spectre of Salary Deferral Arrangement Treatment
Blog / September 29, 2020
Many employers utilize formula-based appreciation rights (Appreciation Rights) as a mechanism to attract, retain and incentivize key employees. Particularly common amongst private corporations, Appreciation Rights generally entitle a recipient employee to a future cash payment based on the increase in the value of a future-oriented financial measure, such as the value of the employer's shares or an increase in another performance metric, such as EBITDA, revenue, profit, or retained earnings, measured over the time the Appreciation Rights are outstanding.
Bennett Jones is Recognized in Chambers Canada 2021
Announcements / September 10, 2020
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
Canadian Accountant on Me Too Defeats You Too in Tax Court
Articles / August 26, 2020
Canadian Accountant features Claire Kennedy and Anu Nijhawan's blog on why the recent Tax Court of Canada case, Penate v. R., is welcome recognition that inequities faced by business owners who are subject [...]
Me Too Defeats You Too in Tax Court
Blog / August 24, 2020
The Me Too movement of the last few years and recent worldwide protests sparked by George Floyd's killing have focused welcome attention on combatting gender and racial discrimination and harassment. A recent Tax Court of Canada case, Penate v. R. [Penate], highlights that discrimination can be a relevant factor in assessing whether the Canada Revenue Agency (CRA) can hold a director liable for corporate tax delinquencies. In this unusual case, the Tax Court accepted that a female business owner could avoid vicarious ("you too") liability for her company's taxes because of ("me too") sexual harassment by customers that ultimately hurt the company's cash flow.
Canada Emergency Wage Subsidy: New Asset Acquisition Rules
Blog / July 27, 2020
One of the criticisms of the Canada Emergency Wage Subsidy (CEWS), as originally implemented, was that employers which acquired revenue-generating assets between the qualifying period and the historical comparison period often found it difficult to meet the qualification requirements for the CEWS due to the increased revenue earned on the new assets. Where business assets were acquired after the relevant prior reference period, the comparison of qualifying revenues for a current reference period might not reflect the true economic impact of the COVID-19 pandemic on the eligible entity's revenues.
Space Travel and Taxes: A Cautionary Tale of Shareholder Benefits
Blog / July 27, 2020
In the recent decision in Laliberté v Canada, 2020 FCA 97, [Laliberté] the Federal Court of Appeal confirmed that the $41.8-million costs of a shareholder's visit to outer space as a "space tourist" should be taxed as a shareholder benefit, and not as a deductible marketing expense as was claimed by the shareholder and the company, Cirque du Soleil. While the circumstances of that case are unusual and exotic, the case illustrates that the shareholder benefit rules should be considered any time a shareholder receives an economic benefit from the corporation because of their position as a shareholder.
Canada Emergency Wage Subsidy: Proposed Extension until December 19, 2020 and Redesign
Blog / July 20, 2020
On July 17, 2020, in response to public consultations, the Department of Finance, introduced draft legislative proposals which, if implemented, would extend the Canada Emergency Wage Subsidy (CEWS) to December 19, 2020, and significantly redesign the program.
Bennett Jones on Tax Disputes - June 2020
Articles / June 24, 2020
The 8th edition of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, includes articles on elements of the proposed Time Limits and Other Periods Act (COVID-19) respecting the alteration of court proceedings and taxation timelines, incoming CRA audits of recipients of the Canada Emergency Wage Subsidy (CEWS) , the Federal Court of Appeal decision in Loblaws Financial Holdings Inc v Canada, 2020 FCA 79, and Collins Family Trust v R, 2019 BCSC 1030, where the Court granted a request for rescission while expressing serious concerns regarding the availability of rescission as an equitable remedy in tax cases and provided reasons for this decision to be reversed on appeal. The publication also has summaries of recent tax decisions, tables regarding tax appeals, the CRA business continuity plans and bulletins/practice directives from the courts.
Working From Home During a Pandemic—The Expense Conundrum
Blog / June 19, 2020
The World Health Organization declared the COVID-19 outbreak a pandemic on March 11, 2020, and many employers responded by requiring or encouraging their employees to work from home. Even as Canada commences "reopening", it is anticipated that many employers will have a large number of employees transition to permanent work from home arrangements. As part of a broader strategy on working from home, we recommend that employers consider the issue of home office expense reimbursement and the ability of employees to deduct unreimbursed expenses, both from an employment law perspective and also under the Income Tax Act (Canada) (ITA).
Managing the Tax Residency of Foreign Affiliates in the Face of the COVID-19 Restrictions
Blog / May 25, 2020
The COVID-19 pandemic has resulted in the imposition of travel restrictions by governments and businesses. While such restrictions are no doubt valuable in "flattening the curve", they do, amongst other things, pose challenges to Canadian multinational groups in maintaining the "mind and management" of foreign subsidiaries in the appropriate non-Canadian jurisdictions. The Canada Revenue Agency (CRA) has recently released helpful, although not definitive, guidance on certain tax residency issues resulting from such travel restrictions, which is generally consistent with guidance provided by other tax authorities worldwide.
Canada Emergency Wage Subsidy: Extension to August 29, 2020, and Expanded Eligibility Requirements
Blog / May 19, 2020
The Canada Emergency Wage Subsidy (CEWS) was enacted, as amendments to the Income Tax Act (Canada) (ITA), on April 11, 2020, for the purposes of assisting employers in financial hardship due to the COVID-19 pandemic and of reducing potential lay-offs of employees. As described previously (COVID-19 Relief for Employers: The Canada Emergency Wage Subsidy is Approved and Applications for the Canada Emergency Wage Subsidy Open on April 27, 2020), the CEWS generally provides "eligible entities" with a wage subsidy of up to 75 percent of "eligible remuneration" paid to an "eligible employee" per week, up to a maximum of $847 per week.
Fundamentals of Oil & Gas Taxation
Speaking Engagements / May 19, 2020
At the invitation of the Tax Court of Canada, Anu Nijhawan and Wade Ritchie presented on "Fundamentals of Oil & Gas Taxation" to the law clerks of the Court.
Applying for the Canada Emergency Wage Subsidy: What Are My Risks?
Blog / April 28, 2020
The application portal for the Canada Emergency Wage Subsidy (CEWS), which pays employers impacted by the COVID-19 pandemic up to 75 percent of an eligible employee's remuneration for 12 weeks (to a maximum of $847 per week), retroactive from March 15 to June 6, 2020 (which period may be extended), opened on Monday, April 27, 2020. Media reports indicate that nearly 30,000 applications were made on the first day, with an aggregate of one million applications expected.
Applications for the Canada Emergency Wage Subsidy Open on April 27, 2020
Blog / April 24, 2020
On April 21, 2020, the federal government announced that applications for the Canada Emergency Wage Subsidy (CEWS) will open on April 27, and provided details on the application process as well as information on (and access to) a new calculator to assist eligible employers with determining the amounts that might be received under the CEWS program. On April 24, 2020, the government published a Frequently Asked Questions (FAQs) document to provide additional guidance on some of the key CEWS operational and process issues, and also sets out a series of examples which may provide guidance in certain circumstances.
How COVID-19 Is Impacting Equity-Based Incentive Compensation
Blog / April 21, 2020
The COVID-19 pandemic has had an unprecedented impact on the financial markets and stock prices. Through the spring of 2020, share prices have experienced extreme volatility and, in some cases, have traded at unforeseen historical lows. These factors raise the issue of whether equity-based incentive compensation awards continue to serve the function for which such plans were implemented, particularly where employee stability is often critical to a corporation's ability to weather the current economic storm.
COVID-19 Relief for Employers: The Canada Emergency Wage Subsidy is Approved
Blog / April 13, 2020
On Saturday April 11, 2020, the COVID-19 Emergency Response Act, No. 2 received Royal Assent, thereby amending the Income Tax Act (Canada) to give effect to the Canada Emergency Wage Subsidy (CEWS) framework that the federal government had previously proposed. The legislation is largely consistent with the details of the CEWS that had previously been announced (see our previous blog postings, Canada Emergency Wage Subsidy for Employers Impacted by COVID-19 fromMarch 30, Additional Details on the Canada Emergency Wage Subsidy for Employers Impacted by COVID-19 from April 1, and The Proposed Canada Emergency Wage Subsidy Takes Another Turn from April 8), but also includes notable clarifications and additions that enhance the ability of employers to access the CEWS.
Bennett Jones in Chambers Global 2020
Announcements / February 13, 2020
Bennett Jones has 50 lawyer rankings in 17 practice areas around the world in Chambers Global 2020.
Bennett Jones' Women in Tax Leaders 2020
Announcements / October 01, 2019
Three Bennett Jones partners are ranked as Highly Regarded Women in Tax Leaders by World Tax, in association with the International Tax Review
Bennett Jones' World Tax Leaders 2020
Announcements / October 01, 2019
Five Bennett Jones partners are ranked as Highly Regarded in World Tax, the comprehensive guide to the world's leading tax lawyers and firms.
Bennett Jones' Leading Lawyers in Chambers Canada 2020
Announcements / September 19, 2019
Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020. Here are a few things clients have said: “The [...]
Anti-Avoidance Measures of General Nature and Scope, GAAR, and Other Rules
Speaking Engagements / May 16, 2018
Anu Nijhawan presents on "IFA 2018 Congress Reports: Anti-Avoidance Measures of General Nature and Scope, GAAR, and Other Rules" at the International Fiscal Association's International Tax Conference 2018.
Cross-Border Cash Pooling Arrangements: Some Practical Problems
Speaking Engagements / May 15, 2018
Anu Nijhawan presents on "Cross-Border Cash Pooling Arrangements - Some Practical Problems" at the International Fiscal Association's International Tax Conference 2018.
Anu Nijhawan Elected to Canadian Tax Foundation’s Board of Governors
Announcements / December 06, 2017
Anu Nijhawan has been elected to the Canadian Tax Foundation’s (CTF) Board of Governors. With over 10,000 members, the foundation is Canada’s leading source of insight on tax issues.
Claire Kennedy and Anu Nijhawan ITRs Women in Tax Leaders
Announcements / September 25, 2017
Claire Kennedy and Anu Nijhawan are once again ranked in International Tax Review’s Women in Tax Leaders guide. The publication showcases the best women in tax from around the world and highlights the excellence of the industry’s top women.
Rio Tinto Alcan v. The Queen: Welcome Expansion of the Canadian Tax Deductibility of M&A Transaction Expenses
Articles / February 17, 2017
In a welcome decision for Canadian acquirors and targets, the Tax Court of Canada recognized, in Rio Tinto Alcan Inc. v The Queen, that certain oversight expenses—including certain investment banking and other professional advisory fees—should be deductible in the context of M&A transactions. This is particularly so where such services are provided to enable the board of directors of the acquiror or target to determine whether to proceed with the transaction. The Court also established a principled basis for the deductibility of transaction expenses in a far broader set of circumstances than those previously accepted by the Canada Revenue Agency (the CRA), in particular, in situations in which a board is discharging its oversight function prior to a decision to implement a particular transaction(s). The decision is under appeal; if affirmed, it will represent a significant expansion of the deductibility of transaction fees. The onus will remain on the taxpayer to prove the expenses are deductible based on the new criteria; engagement letters for advisors and their invoices, clearly demarcating oversight activities in respect of proposed transaction(s) from the implementation phases, should be prepared accordingly. C. Kennedy and A. Nijhawan, "Rio Tinto Alcan v. The Queen: Welcome Expansion of the Canadian Tax Deductibility of M&A Transaction Expenses" Vol 36 No. 2 (February 2017) ABA Tax Times (American Bar Association, 2017).
Report of the Proceedings of the Sixty-Eight Tax Conference
Articles / November 27, 2016
Monica Biringer, Perry Derkson and Anu Nijhawan, "Current Cases," Report of the Proceedings of the Sixty-Eight Tax Conference, 2016 Conference Report (Toronto: Canadian Tax Foundation, 2016), 2:1-16.
Source Withholding for U.S. Employees in Canada: An Ongoing Challenge
Articles / December 31, 2015
Anu Nijhawan, "Source Withholding for U.S. Employees in Canada: An Ongoing Challenge" (2015) XXIV(5) Taxation of Executive Compensation and Retirement 1626.
Permissible Tax Loss Trading
Speaking Engagements / December 31, 2015
Anu Nijhawan presented at the 2015 Canadian Tax Foundation Annual Conference on "Permissible Tax Loss Trading"; Publication of paper forthcoming.
When Is "Loss Trading" Permissible? A Purposive Analysis of Subsection 111(5)
Articles / December 01, 2015
Anu Nijhawan, "When Is "Loss Trading" Permissible? A Purposive Analysis of Subsection 111(5)," Report of the Proceedings of the Sixty-Seventh Tax Conference, 2015 Conference Report (Toronto: Canadian Tax Foundation, 2016), 9:1-26.
When Subsection 250(5) of the Income Tax Act Does Not Apply: Black v. The Queen
Articles / March 30, 2015
The ongoing legal battles of Lord Conrad Black continue. This time, the issues involved are of relevance to many "dual-resident" Canadians who rely on relief under Canada's various taxation treaties in order to avoid Canadian taxation on foreign-source employment and other income. Anu Nijhawan and Marshall Haughey, "When Subsection 250(5) of the Income Tax Act Does Not Apply: Black v The Queen" (2014) Taxation of Executive Compensation and Retirement, Volume 24, Number 4, 1609.
Anu Nijhawan in the Financial Post on Treaty Shopping Crackdown
In The News / April 30, 2014
In the Legal Post article by Mary Teresa Bitti, "Treaty Shopping Crackdown Chills Foreign Investment," Anu Nijhawan comments on the federal government's recent budget where a proposal to block treaty shopping has been proposed.
Anu Nijhawan in the Globe and Mail on Dual Citizenship Tax Rules
In The News / January 31, 2014
In the Globe and Mail article, "The Taxman Cometh Twice," Anu Nijhawan reminds Canada-U.S. dual citizens that their financial activity needs to be reviewed by both the Canadian and U.S. tax authorities and they should be familiar with each country's tax rules.
Corporate Combinations: An Update on Canadian Mergers
Articles / December 31, 2013
Anu Nijhawan and Gabrielle M.R. Richards, "Corporate Combinations: An Update on Canadian Mergers," 2013 Conference Report, (Toronto: Canadian Tax Foundation, 2014), 8: 1-87.
Corporate Combinations: An Update on Canadian Mergers
Speaking Engagements / December 31, 2013
Anu Nijhawan co-presented at the 2013 Canadian Tax Foundation Annual Conference on "Corporate Combinations: An Update on Canadian Mergers"; Publication of paper at: Anu Nijhawan and Gabrielle M.R. Richards, "Corporate Combinations: An Update on Canadian Mergers," 2013 Conference Report, (Toronto: Canadian Tax Foundation, 2014), 8: 1-87.
Canadian Tax Foundation's 65th Annual Conference
Speaking Engagements / November 25, 2013
At the Canadian Tax Foundation's 65th Annual Conference, David Dodge presents Tax Planning in the Crosshairs; Anu Nijhawan presents Corporate Combinations; Thomas Bauer presents Eligible Capital Expenditures: Some Practical Issues; and Martin Sorensen presents Cross-Border Rents and Royalties in the 21st Century.
65th Annual Tax Conference
Speaking Engagements / November 24, 2013
Cathie Brayley is a member of the planning committee for the Canadian Tax Foundation's (CTF) 66th Annual Tax Conference in Toronto. At the Canadian Tax Foundation's 65th Annual Conference, David Dodge presents Tax Planning in the Crosshairs; Anu Nijhawan presents Corporate Combinations; Thomas Bauer presents Eligible Capital Expenditures: Some Practical Issues; and Martin Sorensen presents Cross-Border Rents and Royalties in the 21st Century.
Two Bennett Jones Partners named Lexpert Rising Stars - Top 40 under 40
Announcements / November 05, 2013
At a gala dinner last night in Toronto Lexpert Magazine named the recipients of this year's Top 40 under 40 in the legal profession. The honourees included Brent Kraus and Anu Nijhawan, Partners in Bennett Jones' Calgary office.
Cross-Border Employment Issues: Ensuring a Successful Assignment to Canada
Articles / September 02, 2013
Anu Nijhawan and Anne Montgomery, "Cross-Border Employment Issues: Ensuring a Successful Assignment to Canada," Report of Proceedings of the Sixty-Fourth Tax Conference, 2012 Conference Report (Toronto: Canadian Tax Foundation, 2013), 35:1-30.
Alberta Flood 2013: CRA Extends Tax Filing Deadlines and Offers Guidance to Taxpayers
Blog / July 19, 2013
While the immediate business disruptions resulting from the recent flooding in Southern Alberta have, to some extent, been dealt with, the hard work of rebuilding has only just begun. While tax obligations [...]
Tax Changes: Corporate Contractors May Be Subject to 13% Higher Tax Rates
Blog / June 28, 2013
The Canadian Government has introduced new tax rules which may subject corporate contractors to a 13% increase in the rate of income tax payable. These rules received Royal Assent on June 26, 2013 and [...]
Cross-Border Employment Issues: Ensuring a Successful Assignment to Canada
Speaking Engagements / December 31, 2012
Anu Nijhawan co-presented at the 2012 Canadian Tax Foundation Annual Conference on "Cross-Border Employment Issues: Ensuring a Successful Assignment to Canada"; Publication of paper at: Anu Nijhawan and Anne Montgomery, "Cross-Border Employment Issues: Ensuring a Successful Assignment to Canada," Report of Proceedings of the Sixty-Fourth Tax Conference, 2012 Conference Report (Toronto: Canadian Tax Foundation, 2013), 35:1-30.
64th Annual Tax Conference
In The News / November 25, 2012
Cathie Brayley and Darcy Moch are members of the planning committee for the Canadian Tax Foundation's (CTF) 64th Annual Conference in Calgary. On Day 1, Martin Sorensen leads the "Status Issues: Related Affiliated, and Associated" workshop and Darcy Moch speaks during the "CRA's Approach to Auditing" session. On Day 2, Robert McCue and Greg Johnson speak during the "Recent Transactions of Interest: Including a Discussion of Cross-Border Income Trusts" session and Anu Nijhawan is speaker during the "Update on Significant Employment Compensation Issues" session in the afternoon.
Anu Nijhawan Comments in Financial Post on Foreign Affiliate Dumping
In The News / July 24, 2012
In the Financial Post article, "Tax Change Aims to Close 'Foreign Affiliate Dumping' Loopholes," writer Drew Hasselback discusses tax amendments announced in the last federal budget which may affect the benefits of doing business in Canada; particularly for global mining companies. Anu Nijhawan comments, "At this point, I think most potential investees are taking a wait-and-see approach… I haven't seen reluctance from foreign multi-nationals to invest in Canadian projects. That said, with these rules, Canada is clearly no longer a jurisdiction of choice to structure a non-Canadian project."
Canada-U.S. Cross-border Deferred Share Unit Plans – Trips and Traps
Articles / July 01, 2012
Anu Nijhawan, "Canada-U.S. Cross-border Deferred Share Unit Plans – Trips and Traps" (July/August 2012) XXIV(1) Taxation of Executive Compensation and Retirement 1559.
Allocation of Benefits Arising From Cross-border Stock Options: A Shift in the Position of the Canada Revenue Agency
Articles / May 01, 2012
Anu Nijhawan, "Allocation of Benefits Arising From Cross-border Stock Options: a Shift in the Position of the Canada Revenue Agency" (May, 2012) XXIII(9) Taxation of Executive Compensation and Retirement 1542.
Employee Stock Options – the Fallout From the 2010 Federal Budget
Articles / June 01, 2011
Anu Nijhawan, "Employee Stock Options – the Fallout From the 2010 Federal Budget" (2011) XXII(6) Taxation of Executive Compensation and Retirement 1370.
Imperial Tobacco: Deductibility of Stock Option Cash-out Payments Denied in the Course of Corporate M&A
Articles / February 02, 2011
Anu Nijhawan and Kevin Myson, "Imperial Tobacco: Deductibility of Stock Option Cash-out Payments Denied in the Course of Corporate M&A" (2011) XXIII(2) Taxation of Executive Compensation and Retirement 1439.
Watch Out – a Personal Services Business May Once Again Be Punitive
Articles / February 01, 2011
Anu Nijhawan and Marshall Haughey, "Watch Out – a Personal Services Business May Once Again Be Punitive" (2011) XXIII(2) Taxation of Executive Compensation and Retirement 1442.
Repricing Underwater Stock Options Tax-efficiently
Articles / July 06, 2010
Anu Nijhawan, "Repricing Underwater Stock Options Tax-efficiently" (2010) XXI(7) Taxation of Executive Compensation and Retirement 1259.
Baird v. R.: Another Example of the Employee Stock Option Capital Loss Trap
Articles / August 04, 2009
Anu Nijhawan, " Baird v. R.: Another Example of the Employee Stock Option "Capital Loss Trap"" (2009) XX(8) Taxation of Executive Compensation and Retirement 1136.
Transfer of Employee Stock Options to Tax-Free Savings Accounts
Articles / April 01, 2009
Anu Nijhawan and Nandini Somayaji, "Transfer of Employee Stock Options to Tax-Free Savings Accounts" (2009) XX(4) Taxation of Executive Compensation and Retirement 1067.
The 2010 Federal Budget: Impact on the Taxation of Employee Stock Options
Articles / February 03, 2009
Anu Nijhawan, "The 2010 Federal Budget: Impact on the Taxation of Employee Stock Options" (2009) XXI(2) Taxation of Executive Compensation and Retirement 1191.
Topical Issues in Equity-Based Employee Compensation
Articles / February 02, 2009
Anu Nijhawan co-presented at the 2008 Canadian Tax Foundation Annual Conference on "Topical Issues in Equity-Based Employee Compensation"; Publication of paper at: Anu Nijhawan and Steven Sieker, "Topical Issues in Equity-Based Employee Compensation" Report of Proceedings of Sixtieth Tax Conference, 2008 Tax Conference (Toronto: Canadian Tax Foundation, 2009), 15:1-36.
Amendments to Article XV of the Canada–U.S. Tax Convention: an Update
Articles / October 01, 2008
Anu Nijhawan and Shankar Kamath, "Amendments to Article XV of the Canada–U.S. Tax Convention: an Update" (2008) XIX(10) Taxation of Executive Compensation and Retirement 1013.
Topical Issues in Equity-Based Employee Compensation
Speaking Engagements / January 31, 2008
Anu Nijhawan co-presented at the 2008 Canadian Tax Foundation Annual Conference on "Topical Issues in Equity-Based Employee Compensation"; Publication of paper at: Anu Nijhawan and Steven Sieker, "Topical Issues in Equity-Based Employee Compensation" Report of Proceedings of Sixtieth Tax Conference, 2008 Tax Conference (Toronto: Canadian Tax Foundation, 2009), 15:1-36.
Lexpert's Top Deals of 2007
Announcements / January 22, 2008
Four Bennett Jones deals were recognized in Lexpert's Top 10 Corporate Deals of 2007: The $2.3-billion sale of Alliance Atlantis Communications Inc.'s outstanding shares, Marathon Oil Corp.'s $6.66-billion acquisition of Western Oil Sands Inc., Russian Machines' $1.5-billion investment in Magna International Inc., and Ontario Teachers' Pension Plan in connection with its proposed $266-million investment in the offer made in February 2007 by James Richardson International Limited for Agricore United. The firm also received recognition for its involvement in Royal Dutch Shell plc's $8.7-billion acquisition of the outstanding shares of Shell Canada (the largest going-private transaction in Canada to-date) and SSAB Svenskt Stal AB's US$7.7-billion acquisition of Ipsco Inc.
Imperial Tobacco Canada Limited v. R.: Re-opening the Debate on the Deductibility of Stock Option Cash-Out Payments in the Course of Corporate M&As
Articles / January 01, 2008
Anu Nijhawan and David Mercier, "Imperial Tobacco Canada Limited v. R.: Re-opening the Debate on the Deductibility of Stock Option Cash-Out Payments in the Course of Corporate M&As" (2008) XIX(1) Taxation of Executive Compensation and Retirement 859.
Protocol to the Canada-U.S. Tax Treaty: Implications for Cross-border Employment
Articles / October 01, 2007
Anu Nijhawan, "Protocol to the Canada-U.S. Tax Treaty: Implications for Cross-border Employment" (2007) XVIII(10) Taxation of Executive Compensation and Retirement 853.
Henley v. R.: Welcome Guidance on Non-Section 7 Stock Options
Articles / June 01, 2007
Anu Nijhawan and Andrew Bateman, "Henley v. R.: Welcome Guidance on Non-Section 7 Stock Options" (2007) XVIII(6) Taxation of Executive Compensation and Retirement 785.
Henley v. R.: Welcome Guidance on Non-Section 7 Stock Options
Updates / February 01, 2007
Anu Nijhawan and Andrew Bateman, "Henley v. R.: Welcome Guidance on Non-Section 7 Stock Options" (2007) XVIII(6) Taxation of Executive Compensation and Retirement 785. Reprinted with the permission of Federated Press.
Reverse Conversions of Mutual Fund Trusts to Corporations: Treatment of Outstanding Trust Unit Options
Updates / November 01, 2006
Anu Nijhawan, "Reverse Conversions of Mutual Fund Trusts to Corporations: Treatment of Outstanding Trust Unit Options" (2006) XVIII(4) Taxation of Executive Compensation and Retirement 753. Reprinted with the permission of Federated Press.
Stock Option Deduction Under Paragraph 110(1)(d): Unexpected Issues Arising in the Context of Corporate Acquisitions
Updates / June 01, 2006
Anu Nijhawan, "Stock Option Deduction Under Paragraph 110(1)(d): Unexpected Issues Arising in the Context of Corporate Acquisitions", (June 2006) XVII(10) Taxation of Executive Compensation and Retirement 687. Reprinted with the permission of Federated Press.
Bennett Jones Announces Eight New Partners
Announcements / April 20, 2006
Congratulations to the eight Bennett Jones associates who were unanimously voted into the partnership.
The Royal Winnipeg Ballet v. MNR: the Growing Significance of Intention in Independent Contractor/Employee Characterization
Updates / April 01, 2006
Anu Nijhawan and Michael Gemmitti, "The Royal Winnipeg Ballet v. MNR: the Growing Significance of Intention in Independent Contractor/Employee Characterization", (April 2006) XVII(8) Taxation of Executive Compensation and Retirement 669. Reprinted with the permission of Federated Press.
Presentation to the Canadian Bar Association Southern Alberta Tax Specialists Subsection
Speaking Engagements / February 27, 2006
Anu Nijhawan, Partner Presenter of "Equity-Based Employee Compensation"
Canadian Petroleum Tax Society Fall Lecture Series
Speaking Engagements / November 22, 2005
Anu Nijhawan, Partner Presenter of "Equity-Based Employee Compensation"
Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans
Updates / November 01, 2005
Anu Nijhawan, "Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans", (November 2005) XVII(4) Taxation of Executive Compensation and Retirement 614. Reprinted with the permission of Federated Press.
Morin v. The Queen: Non-traditional Employee Recruitment Fees May Reduce Section 7 Benefits
Articles / October 03, 2005
Anu Nijhawan, "Morin v. The Queen: Non-traditional Employee Recruitment Fees May Reduce Section 7 Benefits" (2005) XVI(10) Taxation of Executive Compensation and Retirement 556.
IRS Offers a Measure of, but Incomplete, Relief to Participants in Canadian Stock-Based Compensation
Updates / August 01, 2005
Anu Nijhawan, "IRS Offers a Measure of, but Incomplete, Relief to Participants in Canadian Stock-Based Compensation Plans", (July/August 2005) XVII(1) Taxation of Executive Compensation and Retirement 572. Reprinted with the permission of Federated Press.
Morin v. The Queen: Non-Traditional Employee Recruitment Fees May Reduce Section 7 Benefits
Updates / June 01, 2005
Anu Nijhawan, " Morin v. The Queen : Non-Traditional Employee Recruitment Fees May Reduce Section 7 Benefits", (June 2005) XVI(10) Taxation of Executive Compensation and Retirement 556. Reprinted with the permission of Federated Press.
Taxation of Stock Options Granted Qua Consultant
Articles / May 02, 2005
Anu Nijhawan and Tamara Larre, "Taxation of Stock Options Granted Qua Consultant" (2005) XVI(5) Taxation of Executive Compensation and Retirement 496.
Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans
Articles / April 04, 2005
Anu Nijhawan, "Employee Stock Purchase Trusts: an Alternative to Restricted Stock Plans" (2005) XVII(4) Taxation of Executive Compensation and Retirement 614.
IRS Offers a Measure of – But Incomplete – Relief to Participants in Canadian Stock-based Compensation Plans
Articles / January 03, 2005
Anu Nijhawan, " IRS Offers a Measure of – But Incomplete – Relief to Participants in Canadian Stock-based Compensation Plans" (2005) XVII(1) Taxation of Executive Compensation and Retirement 572.
Taxation of Stock Options Granted Qua Consultant
Updates / January 01, 2005
Anu Nijhawan and Tamara Larre, "Taxation of Stock Options Granted Qua Consultant", (December/January 2005) XVI(5) Taxation of Executive Compensation and Retirement 496. Reprinted with the permission of Federated Press.
Source Withholdings: Non-Resident Employees “Visiting” Canada
Updates / November 26, 2004
Due to the growth of foreign business activities in Canada, it has become commonplace for employees of foreign corporations to occasionally visit Canada to, for example, briefly attend a meeting or tour Canadian facilities.
Presentation to the Canadian Bar Association Southern Alberta Non-Tax Specialists Subsection
Speaking Engagements / November 04, 2004
Anu Nijhawan, Partner Presenter of "Retirement Savings Strategies for Independent Business"
Source Withholdings: Non-resident Employees Visiting Canada
Articles / September 01, 2004
Anu Nijhawan, "Source Withholdings: Non-resident Employees "Visiting" Canada" (2004) XV(9) Taxation of Executive Compensation and Retirement 412.
The Limitations of Deferred Share Unit Plans - August 2004
Updates / August 01, 2004
Anu Nijhawan, "The Limitations of Deferred Share Unit Plans", (July/August 2004) XVI(1) Taxation of Executive Compensation and Retirement 440. Reprinted with the permission of Federated Press.
Source Withholdings: Non-resident Employees "Visiting" Canada
Updates / May 01, 2004
Anu Nijhawan, "Source Withholdings: Non-resident Employees "Visiting" Canada", (May 2004) XV(9) Taxation of Executive Compensation and Retirement 412. Reprinted with the permission of Federated Press.
Presentation to the Canadian Bar Association Southern Alberta Charities Law Subsection
Speaking Engagements / January 20, 2004
Anu Nijhawan, Partner Presenter of "New Restrictions on Charitable Giving"
Alberta's New Adult Interdependent Relationships Act
Articles / April 01, 2003
Author - "Alberta's New Adult Interdependent Relationships Act" (April 2003), 22(2) Estates, Trusts & Pensions Journal 157.
Vertical Short-Form Amalgamations: Consequences to the Non-Resident Shareholder
Articles / April 01, 2003
C. Michael Ryer and Anu Nijhawan, "Vertical Short-Form Amalgamations: Consequences to the Non-Resident Shareholder" (April 2003) International Tax Newsletter 1.
Alberta's New Adult Interdependent Relationships Act
Updates / April 01, 2003
Author - "Alberta's New Adult Interdependent Relationships Act" (April 2003), 22(2) Estates, Trusts & Pensions Journal 157.
Vertical Short-Form Amalgamations: Consequences to the Non-Resident Shareholder
Updates / April 01, 2003
Co-Author (with C. Michael Ryer) - "Vertical Short-Form Amalgamations: Consequences to the Non-Resident Shareholder" (April 2003) 11 International Tax Newsletter 7.
General Electric Capital Equipment Finance Inc. v. The Queen : Subparagraph 212(1)(b)(vii) A Change in Obligation Differs from Novation
Articles / March 01, 2002
C. Michael Ryer and Anu Nijhawan, "General Electric Capital Equipment Finance Inc. v. The Queen: Subparagraph 212(1)(b)(vii) A Change in Obligation Differs from Novation" (March 2002), 6 International Tax Newsletter 1.
Deductibility of Currency Swap Payments: A Shift in the CCRA Position?
Articles / December 03, 2001
C. Michael Ryer and Anu Nijhawan, "Deductibility of Currency Swap Payments: A Shift in the CCRA Position?" (December 2001), 5 International Tax Newsletter 6.