Courts in Canada have been making high-profile rulings on a key area of corporate tax law in recent years and the federal government could be making even more changes.
Transfer pricing—the rules governing how entities within the same corporate group must make transactions as if they were arm’s length—represents a sizable chunk of the money the Canada Revenue Agency collects in tackling aggressive tax avoidance by companies. A court submission by the agency in 2021 said adjustments from transfer pricing over the three previous years increased government revenue by C$11.84 billion ($9.3 billion).
But judges have been dismissing the agency’s arguments when companies have decided to fight those adjustments in courts. Two decisions, one dealing with the uranium miner Cameco Corp. and a second with herbicide supplier Agracity Ltd., have grabbed tax practitioners’ attention because of how the courts interpreted Canada’s transfer pricing laws.
The federal government has promised a reform of the underlining legislation in light of its courtroom losses, but Ottawa’s options for rewriting the rules are anything but simple. On the latest episode of Talking Tax, David Hogan, partner at Richter LLP, talks about the impact the latest court decisions have had on transfer pricing and where the legal fight could be headed.

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