Indirect Tax

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Commodity Tax Symposium - West

March 5-6, 2012 (Optional Workshop March 7)
Westin Calgary Hotel Calgary, Alberta

Day 1

Monday, March 5, 2012

7:30 – 8:30
Registration & Continental Breakfast
Exhibits Open
8:30 – 9:30
Keynote Address: The Politics Behind Tax Reform
Gordon Gibson, Order of British Columbia recipient, and political columnist

About Gordon Gibson

Gordon Gibson was born in Vancouver in 1937. He attended the University of British Columbia (B.A. Honours Mathematics and Physics '59), Harvard Business School (MBA - Distinction - '61) and subsequently did research work in political science at the London School of Economics. He has been involved in a number of businesses and is currently on the Board and Chair of the Audit Committee of the Westshore Terminals Income Fund.

In politics, he served as Assistant to the Prime Minister (1968-72) and ran in three federal elections. He was elected to the Legislature of British Columbia in 1974 and served as both MLA and Leader of the British Columbia Liberal Party 1975-79. He spent 12 years on the Canada West Council co-authoring "Regional Representation" (1981), and authored "What If the Wheels Fall Off?: The Case for a Constituent Assembly" (1992). In 1994, he joined the Fraser Institute as Senior Fellow in Canadian Studies, specializing in research on federalism and governance. He has published two books on the topic through the Institute entitled "Plan B: The Future of the Rest of Canada" (1994) and "Thirty Million Musketeers: One Canada for All Canadians" (1995) and edited and co-authored "Fixing Canadian Democracy", Fraser Institute, 2003. While now working independently from the Institute, he remains a Senior Fellow. He has done extensive research and publication on aboriginal issues.

In the fall of 2002, Gibson was commissioned by the British Columbia Government to design the Citizens’ Assembly on Electoral Reform. In September, 2004 Gibson published the monograph Challenges in Senate Reform: Conflicts of Interest, Unintended Consequences, New Possibilities as Public Policy Source Number 83, the Fraser Institute. Over the years he has been a regular and freelance columnist on a wide range of public policy issues with the Financial Post, the Vancouver Sun, the National Post and (currently) the Globe & Mail.

9:30 – 10:30
Hot Topics in GST/HST
Robert Kreklewetz, Millar Kreklewetz LLP

Overview

Join Robert as he discusses the hottest topics in GST/HST over the past year! This session will cover several topics, each aimed to give GST/HST professionals an up-to-date view of the indirect tax landscape and of key issues that may be top of mind for you, or your clients.

About Robert Kreklewetz

Rob Kreklewetz is a lawyer specializing in all Canadian Commodity Tax, Customs & Trade matters, and is a founding partner at Millar Kreklewetz LLP of Toronto.

Millar Kreklewetz LLP is a boutique law firm specializing in tax and trade law, has been consistently ranked as one of Canada’s top tax firms, with a client base comprised of national and international leaders in virtually every industry sector.

Rob has published over 500 articles and papers, spoken at over 175 conferences and seminars, and has over 20 years of experience in his areas of expertise. He is also a Past Chair of the Ontario Bar Association’s Tax Section.

10:30 – 11:00
11:00 – 12:00
Joint Ventures & Partnerships
Dan Weland, PwC LLP

Overview

In this session, Dan will analyze some of the common issues facing Joint Ventures & Partnerships in relation to indirect taxes. His insights will help provide practical solutions that can be implemented while minimizing risk of exposure.

About Dan Weland

Dan Weland is a senior manager in the Indirect Tax Services practice of PwC. He has advised clients on Canadian sales taxes, including the GST/HST, QST and PST since 1983 in the Toronto office and has recently transferred to the Calgary office. His practice has given him extensive experience advising clients in cross-border transactions and restructuring. At the 2010 CICA Commodity Tax Symposium in Ottawa, he presented a paper on the application of the GST/HST to real estate transactions and co-authored a paper on the NAFTA rules of origin at the 1993 Canadian Commodity Tax Symposium, and has spoken at a number of conferences and seminars.

12:00 – 1:15
1:15 – 2:15
Customs Update for Your Import/Export Business
Lisa Zajko, Deloitte & Touche LLP

Overview

This session will focus on recent, important developments in the areas of customs and international trade to help you mitigate your exposure to this complex area of indirect tax.

About Lisa Zajko

Lisa Zajko is a Senior Manager in the Indirect Tax group at Deloitte and Touche LLP ("Deloitte"), specializing in Customs and Global Trade Services. Lisa primarily services clients in Western Canada, and is based in the Vancouver office. Lisa has more than fourteen years of experience in this field, including positions held with the Canada Border Services Agency (CBSA) as a Customs Inspector and Client Services Officer, as well as the Canada Revenue Agency (CRA) as an income tax and GST generalist auditor.

Since joining Deloitte in November 2004, Lisa has worked closely with Toronto, Vancouver, Calgary and Montreal based internal and external clients on various indirect tax matters. Lisa has performed Customs compliance and duty recovery reviews, assisted clients with designing strategies and structuring global transactions to minimize customs duty and other costs of international trade while ensuring compliance with relevant legal and regulatory requirements, advising on complex valuation, tariff classification and NAFTA issues, and assisting with the preparation and submission of ruling requests.

Lisa holds a Bachelor of Laws from York University and a Bachelor of Commerce from McMaster University. Lisa is an active member of I.E. Canada's Customs and Legislation Committee and AMPS Sub-committee, has conducted Customs related seminars for I.E. Canada and the CICA Symposium, and has published articles in the Customs and Trade field, in such forums as CA Magazine and Commodity Tax News.

2:15 – 2:45
2:45 – 3:45
Quebec Harmonization - Changes and Impacts to Your National Business
Maryse Janelle, Raymond Chabot Grant Thornton LLP

Overview

With Quebec jumping on the harmonization band-wagon, what are the implications for your national operations? Maryse will help identify the changes that matter most to you, and provide insights on how to deal with the new set of rules.

About Maryse Janelle

Maryse Janelle iis a Senior Manager with Raymond Chabot Grant Thornton's Commodity Tax Practice in Montréal. She is both a lawyer, and has obtained her Masters in Taxation. Maryse has over 15 years of experience working with indirect taxes, and currently focuses on clients having international activities in the manufacturing, service and entertainment sectors.

3:45 – 4:45
Case Law and Jurisprudence Update
David Robertson, Couzin Taylor LLP

Overview

Symposium participants will get to hear David's expert views regarding the latest case law updates, and recent important developments in commodity tax jurisprudence.

About David Robertson

David Robertson is a lawyer with Couzin Taylor LLP (the affiliated law firm of E&Y), in Calgary, and practices taxation law and tax litigation with a focus on Canadian Indirect Taxes including GST/HST, provincial taxes including PST, transfer pricing, Canadian Customs compliance and import/export laws. David has advised clients in a range of tax planning matters in connection with cross-border sales and transactions, outsourcing, e-commerce and internet-based enterprises, carrying on business in Canada, business acquisitions, corporate transactions and reorganizations, and general tax compliance and recovery matters. He has extensive experience dealing with the Canada Revenue Agency and provincial tax authorities in connection with tax audits and appeals. He routinely represents clients in respect of tax matters before the Tax Court of Canada, Federal Court of Canada and provincial superior courts.

David has also been actively involved in educational town-hall meetings throughout British Columbia over the past several months, helping inform citizens of the implications of the HST/GST transition.

4:45 - 6:00

Day 2

Tuesday, March 6, 2012

7:30 – 8:30
Registration & Continental Breakfast
Exhibits Open
Early-bird Breakfast Session: Current Trends in Tax Litigation
Patrick Lindsay, Borden Ladner Gervais LLP

Overview

This presentation will highlight the changing nature of the dispute resolution process, including increased controversy over demands for records, the scope of privilege and CRA discretionary decisions.

About Patrick Lindsay

Patrick Lindsay is a partner in the Calgary office of Borden Ladner Gervais LLP. His practice focuses on the area of tax litigation and he has conducted many trials before the Tax Court, Federal Court, Alberta Court of Queen's Bench and Federal Court of Appeal. In addition to tax litigation, his practice includes advising on preventative tax planning, making submissions to tax authorities prior to the litigation process and defending taxpayer rights. His clients include major oil and gas companies and mining companies, Canadian banks, engineering companies as well as individuals.

Patrick is a frequent writer and speaker on tax litigation topics. He has instructed tax courses at the University of Calgary Faculty of Law, is the former Chair of the Canadian Bar Association tax subsection and is a past president of the Canadian Petroleum Tax Society.

8:30 – 9:30
The Latest from B.C. - HST/PST Transition Update
Erin Jensen, KPMG LLP

Overview

With such a dramatic turn of events over the past year, British Columbia's decision to revert back to a non-harmonized GST/PST system has a lot of companies feeling like deer caught in the headlights. Erin will help alleviate some of the shock and awe from the results of the referendum by providing balanced insight into the latest announcements from government, and practical implications for companies that do business in, or with British Columbia.

About Erin Jensen

Erin Jensen is a Partner at KPMG who leads the Western Canadian Indirect Tax Recovery practice. She specializes in identifying opportunities to recover BC Social Service Tax and assisting clients with the implementation of the HST in BC and the reimplementation of the PST. Erin leads a team of eight professionals in Western Canada who work exclusively on indirect tax and disbursement recovery engagements. Erin has over ten years of experience in Indirect Tax and joined KPMG in 1997 as an articling student. She has obtained both her Certified Public Accountant (CPA) and Chartered Accountant (CA) designations.

9:30 – 10:30
Sales and Use Tax in the U.S.
Scott Steinbring, Grant Thornton LLP

Overview

This session will help Canadian businesses understand the myriad of U.S. Sales & Use Tax obligations that are often triggered by entering (even temporarily) the U.S.; Issues such as leasing of assets, expanding into the U.S. and what constitutes Nexus within a state will be discussed.

About Scott Steinbring

Scott Steinbring is a Partner in Grant Thornton's State & Local Tax practice in Houston, Texas. He has over 20 years of state and local tax experience, including 15 years experience in public accounting. Prior to entering public accounting, Scott worked for Brown & Root/Halliburton and for the Texas Comptroller of Public Accounts. Scott has extensive multi-state sales/use tax experience in a variety of industries including oil and gas exploration, production and refining, pipeline operations, construction, oilfield services, petrochemical processsing and other manufacturing operations. Scott has provided consulting services pertaining to a wide array of sales/use tax matters and issues.

Scott received his Bachelor's degree in Accounting at Texas State University. He is a member of the American Institute of Certified Public Accountants, Texas Society of Certified Public Accountants, and Institute for Professionals in Taxation.

10:30 – 11:00
11:00 – 12:00
CHOOSE ONE OF
TWO CONCURRENT
SESSIONS
Update on Financial Institutions - Western Style
Beverly Gilbert, Borden Ladner Gervais LLP

Overview

This session will cover "non-traditional" F.I.'s including: investment corps', trusts, partnerships, and co-ownership arrangements. With many of their underlying assets used in commercial activities, Beverly will look at the requirement for these entities to report tax and their eligibility to claim ITCs; and will explore the DOF's announcement that it is considering capturing such entities within the SLFI rules.

About Beverly Gilbert

Beverly Gilbert is the National Leader of our Commodity Tax Group at BLG and resides in their Calgary office. She is a chartered accountant and has a Bachelor of Administration degree. Beverly practises exclusively in the commodity tax area with over 20 years experience working with many businesses to help them properly collect and remit the correct amount of the goods and services tax (GST), harmonized sales tax (HST), and the provincial sales taxes. Beverly also has extensive experience handling tax disputes with revenue authorities and also has worked with industry groups and the Department of Finance on the HST reporting rules for financial institutions and pension plans. Prior to joining BLG, Beverly held the position of commodity tax practice leader at a major accounting firm. She was also employed with Revenue Canada for eight years as both a Technical Interpretation officer and a Senior Auditor and was with CRA when the GST was first implemented. Beverly is a nationally recognized tax consultant and has delivered numerous papers and spoken at various conferences and seminars including the CICA 2011 Commodity Tax Update Session.

OR
Allowances, Reimbursements and Rebates
Christina Zurowski, Definitive Consulting Services

Overview

This updated session will cut through the confusion of various rate changes, harmonization, recaptured input tax credits and recent court cases. Christina will help you understand how the rules apply in today's environment by providing a practical analysis of the important provisions and specific issues Western organizations are facing today.

About Christina Zurowski

CA, Senior Director, Tax, Client and Consulting Services, Christina Zurowski oversees the activities of both the Client and Consulting Service departments from a quality and technical perspective with the goal of ensuring continued high quality service. During the course of her 15 plus year career in commodity tax, Christina has focused on providing clients with quality practical advice to assist them in meeting their commodity tax objectives, from audit assistance to advanced advisory services. She brings exceptional expertise and strategic insight into the commodity tax industry to her role at Definitive and in turn to all of their clients.

12:00 – 1:15
NETWORKING LUNCH
1:15 – 2:15
CHOOSE ONE OF
TWO CONCURRENT
SESSIONS
Energy Trading & Fuel Tax Issues
Jason Riche, Deloitte & Touche LLP

Overview

Jason will focus on the indirect tax issues associated with trading various commodities in Canada and abroad. His discussion will focus on GST/HST, PST, Customs Duties, and Excise Tax (fuel) issues associated with trading physicals and financials. The overall purpose of the session is to assist indirect tax professionals identify risk in this space and control it on the trading floor.

About Jason Riche

Jason Riche is a lawyer and the leader of Deloitte's Calgary indirect tax practice. He has over 12 years of experience in the Canadian indirect tax marketplace, with a particular focus on serving clients in the financial services, energy and resource sectors.

OR
Non-Resident Issues & Permanent Establishments
Rosemary Anderson, Thorsteinssons LLP

Overview

This session is designed to help you navigate through the complex area of non-resident issues and permanent establishments. Let Rosemary be your guide, as she helps you and your company understand and deal with these risky issues.

About Rosemary Anderson

Rosemary Anderson is a Chartered Accountant who has specialized in solving Canadian Sales Tax (HST, GST, PST and Excise Taxes) as well as customs issues since 1985. Formerly the partner in charge of commodity tax for Price Waterhouse in Vancouver, Rosemary has extensive experience assisting international clients with their Canadian tax and customs issues. Rosemary joined Thorsteinssons in 2001 and was appointed National Practice Group Leader in 2008.

2:15 – 2:45
COFFEE BREAK - EXHIBITS OPEN
2:45 – 4:00
CRA Roundtable & Update
Moderator: Mark Worrall, KPMG LLP
Panelists: Ivan Bastasic, Girish Shah, Canada Revenue Agency

Overview

An ideal way to end the Symposium, hear from senior government representatives from the Canada Revenue Agency in this timely report on the policy initiatives of the day and an update on the administrative and practical issues that have arisen over the last year.

About Mark Worrall

Mark Worrall, CA is a Partner who leads KPMG's Indirect Tax practice in Vancouver and serves as Deputy Leader of the practice nationally. He has over twenty five years experience in Indirect Taxes including the federal Goods and Services Tax / Harmonized Sales Tax, the Quebec Sales Tax, provincial retail sales taxes and property transfer taxes.

Mark specializes in advising a wide range of private and public sector clients on Indirect Tax matters including refund claims, compliance, transaction planning including cross border transactions and dealing with Indirect Tax audits and appeals.

Mark has been a frequent speaker on sales tax matters at the annual Canadian Institute of Chartered Accountants Commodity Tax Symposium and the B.C. Tax Foundation. Mark is a member of the GST/HST Leaders Forum sponsored by the CICA and has served as a tutorial leader at the CICA In-Depth GST Tax Course. Mark also authored and co-lectured the annual CICA In-Depth PST Course.

4:00
SYMPOSIUM ADJOURNS

POST-SYMPOSIUM WORKSHOP

Wednesday, March 7, 2012

9:00 –12:00
OPTIONAL: Updated Workshop on Pension Plans - Applying the New Rules
Scott McDougall, KPMG LLP & and Janice Roper, Deloitte & Touche LLP

Overview

Get the inside scoop on Pension Plans from two leading professionals in this 3-hour long, hands-on workshop.

Pension plan compliance has always been a particular challenge for taxpayers and their advisors as they try to cope with a complex maze of draft regulations and evolving interpretations. This optional workshop will provide a hands-on explanation of the complex world of Pension Plans, including a look at hybrids and other issues to help you unravel the maze!

About Scott McDougall

Scott McDougall is a senior manager who leads the advisory section of the indirect tax practice for KPMG in Calgary. Scott has ten years of indirect tax experience gathered by working as both a government employee and in private practice for large law and accounting firms. Scott has significant international experience gained by working and studying in both Australia and New Zealand.

Scott was employed for four years as a lawyer with the Department of Justice Tax Law Services section where he provided legal advice to the Canada Revenue Agency ("CRA"). During this time, Scott was the GST coordinator for the province of Alberta where he was responsible for keeping abreast of significant GST issues and litigating on behalf of the CRA the most significant and complex GST matters that arose in the province.

Scott obtained an LL.M. from the University of Sydney where he was also employed as a research assistant to one of Australia's leading GST academics. After completing his LL.M. Scott worked in New Zealand as a manger in the GST practice of another big four accounting firm.

Scott's international and domestic experience, coupled with the perspectives and insights gained from working as a litigator with the Department of Justice, place him in a unique position to speak about complex indirect tax issues.

About Janice Roper

Janice Roper is the lead indirect tax partner in the Deloitte, Vancouver, BC office. Janice has over 20 years of experience in the field of indirect taxes and 28 years with Deloitte. She is a CA and holds a Bachelor of Commerce degree from UBC.

Janice's practice encompasses GST, HST, PST, and customs duties. Her experience covers a wide range of industries, including financial institutions, public sector and government, consumer business, technology, and forestry, and she has been involved in significant projects across all industry groups. She is also the national consumer business indirect tax leader for Deloitte.

Janice has assisted clients with the implementation of GST and HST, including providing clients with training sessions on their implementation and application. She has assisted clients in various industries with tax planning related to GST and PST, which resulted in significant tax savings for them, including reducing their GST and PST assessments. Janice has also provided advice on organization structuring and restructuring to minimize the incidence and magnitude of indirect taxes. As well, she has completed recovery reviews for indirect taxes that resulted in large refunds for clients.

12:00
Optional Workshop Adjourns