Supreme Court grants leave in Dow ULC
23 February 2023 - 12:19pm
The Supreme Court of Canada has granted leave to appeal in Dow ULC. The Federal Court of Appeal had found that the denial by CRA of a requested “downward” adjustment under s. 247(10) (to increase the interest expense on a loan from a Swiss affiliate) was a matter that could only be reviewed in the Federal Court, so that the Tax Court lacked jurisdiction regarding the taxpayer’s challenge of this denial.
Neal Armstrong. Summaries of Canada v. Dow Chemical Canada ULC, 2022 FCA 70, leave granted 23 February 2023 under s. 247(10), s. 247(11), s. 169(1) and Federal Courts Act, s. 18.5.