Service

Transfer Pricing

Osler is ideally positioned to assist clients facing the seismic shift in the application of transfer pricing rules in Canada and around the world.

Osler is ideally positioned to assist clients facing intensified scrutiny of transfer pricing policies and strategies in Canada and around the world. Our transfer pricing expertise is comprehensive and our team has significant experience in:

  • Strategy development and planning — Our Tax experts provide strategic advice in respect of structuring intercompany transactions and developing transfer pricing methodologies in alignment with clients’ objectives and interests.
  • Disclosure and compliance requirements — Our Tax team works with clients on addressing complex multi-jurisdictional compliance requirements, advising on coherent and defensible contemporaneous documentation while helping to protect sensitive and confidential business information.
  • Exposure and risk assessment — In the context of the legal framework and global tax risk environment, Osler advises on transfer pricing issues arising in domestic and cross-border transactions, profit allocations, intercompany financing structures, and reorganizations.
  • Tax controversy — Our team advises and represents clients on international tax and transfer pricing audits, administrative objections and appeals, mutual agreement procedures under bilateral tax treaties, as well as clients seeking bilateral or multilateral advance pricing arrangements as a potential means of mitigating risk.
  • Tax litigation — Our team advises on the conduct of the most significant transfer pricing cases before Canadian courts, including as counsel in the first transfer pricing case to consider the scope and application of the current Canadian transfer pricing legislation, the first and only transfer pricing appeal to be heard by the Supreme Court of Canada, and the first case to provide guidance on the transfer pricing “recharacterization” rule.

Key Contacts

Amanda Heale

Partner, Tax, Toronto

Peter Macdonald

Partner, Tax, Ottawa

Kaitlin Gray

Associate, Tax, Calgary


Representative Work

  • Cameco Corporation in its successful challenge of transfer pricing adjustments before the Tax Court of Canada and the Federal Court of Appeal, and the denial of the Crown’s application of leave to appeal to the Supreme Court of Canada.
  • Wheaton Precious Metals in the resolution of its transfer pricing dispute with the CRA.
  • GlaxoSmithKline before the Supreme Court of Canada where, in a unanimous decision, the Court articulated the proper approach to determining appropriate arm’s length prices in Canadian law.
  • General Electric Capital Canada before the Federal Court of Appeal on the issue of whether the guarantee fee to the taxpayer’s U.S. parent exceeded an arm’s length price.
  • SiftoCanada Corp. in its appeal in the Tax Court of Canada, in which the Court rejected the Minister’s arguments that a competent authority agreement was not binding on the tax authorities. 
  • Suncor Energy Inc. before the Tax Court of Canada in a transfer pricing dispute involving the treatment of losses realized on the settlement of derivative contracts. The Court ruled that the settlement resulted in no additional taxes, interest or penalties for the taxpayer and the taxpayer’s original filing position was sustained.
  • Counsel to McKesson Canada Corporation in its transfer pricing appeal to the Federal Court of Appeal. McKesson’s appeal of the Tax Court of Canada decision was settled out of court.

Latest Insights

  • Osler Update Jul 2, 2024

    Dow Chemical and Iris Technologies: Supreme Court rules on jurisdictional issues in tax matters

    In this Update: On June 28, 2024, the Supreme Court released its decisions in Dow Chemical and Iris Technologies regarding the respective...

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    Dow Chemical and Iris Technologies: Supreme Court rules on jurisdictional issues in tax matters
  • Osler Update Apr 30, 2024

    Transfer Pricing 2024: Law and Practice

    The federal government has plans to update the rules that govern transfer pricing — the pricing one branch or division or group of a company...

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    Transfer Pricing 2024: Law and Practice
  • Osler Update Apr 16, 2024

    Federal budget briefing 2024

    Get expert insight and analysis of the tax proposals in Budget 2024, including the capital gains inclusion rate increase and other new or updated...

    Read more
    Federal budget briefing 2024
  • Osler Update Feb 28, 2024

    CRA releases revised APA guidance

    The CRA revised its guidance on Advance Pricing Arrangements, introducing significant updates to criteria for acceptance into the program. The...

    Read more
    CRA releases revised APA guidance
View all Insights
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Awards and Recognition

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Tax (Band 1)
    • The depth of the team is unbelievable.”
    • “Top operator in the market.”
    • “I enjoy working with them – they bring a level of technical expertise that is extremely deep. We get tremendous insight.”
    • “Osler is technically strong. They are also commercial and will take a view supported by reasoned and principled judgement in areas with no clear answer. I am very happy with their advice.”
  • Chambers Global: The World’s Leading Lawyers for Business: Recognized in Tax (Band 1)
    • “They are a premier tax group.”
    • “They bring credibility and objectivity in their advocacy.”
  • The Canadian Legal Lexpert Directory: Recognized in Corporate Tax (Toronto, Ontario); Litigation – Corporate Tax (Calgary, Alberta)
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Osler lawyers recognized in Tax Litigation
  • Lexpert’s Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada: Litigation – Corporate Tax
  • International Tax Review
  • Legal 500: Recognized in Tax (Tier 1)
  • Best Lawyers Canada: Recognized as “Law Firm of the Year” in the area of Tax Law (Canada), 2022

In the Media

  • Osler News Sep 15, 2023

    National Tax Group recognized with four International Tax Review awards

    Osler announces that our National Tax Group has been recognized with four awards at the 2023 International Tax Review Americas Tax Awards.

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  • Osler News Feb 2, 2021

    Blue J and Osler, Hoskin & Harcourt LLP Introduce Innovative Transfer Pricing Search Tool

    Blue J and Osler announced today an innovative collaboration that has led to an advanced search tool for resources related to international transfer...

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