Exercise caution in foreign lands

"The Canadian tax treatment of mining operations outside Canada is not as attractive as the treatment of Canadian operations. Further, the Canadian company that invests abroad a host of complex rules. This month, Tax Notes examines some of the major Canadian tax considerations confronting the Canadian company that wants to invest abroad. IntroductionCanadian-based mining companies are investing abroad more than ever before. These foreign investments trigger a complex set of tax rules that are distinct from the rules that apply to Canadian investments. In most cases, careful tax planning is mandatory if the company's tax liabilities are to be minimized. This article summarizes the main tax considerations that need to be taken into account with respect to a mining investment outside Canada.Branch Versus SubsidiaryOne of the first questions that arises in connection with a prospective foreign investment is ""Should we invest directly (that is, in a branch operation), or should we invest through a foreign subsidiary?"". In the case of a branch operation, the Canadian company owns and operates the business directly - that is, the foreign business assets are part of the Canadian legal entity. In the case of a foreign subsidiary, the foreign business operation is owned and managed by that subsidiary. The tax treatment of a branch and a subsidiary can be quite different."