Peter Macdonald

Peter Macdonald

Partner, Tax

Key Contact: Transfer Pricing

Contact Information

pmacdonald@osler.com

tel: 613.787.1017

Office

Ottawa

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Areas of Expertise

Bar Admission

Ontario, 2003

Education

  • University of Toronto, LL.B.
  • Wilfrid Laurier University, B.B.A.

Language(s)

English

Peter’s practice focuses on tax litigation, with particular focus on transfer pricing, international tax and tax structuring matters. He was extensively involved as counsel in the recent Cameco Corporation case, the largest transfer pricing case decided by the Tax Court of Canada, and recently heard at the Federal Court of Appeal. He also appeared recently at the Federal Court and Federal Court of Appeal as counsel regarding the ability of the Canada Revenue Agency to compel oral interviews of taxpayers during an audit.

Peter has significant experience representing clients during tax audits and objections, including making successful submissions on behalf of clients to the Transfer Pricing Review Committee.  As part of transfer pricing files, Peter has experience with advising clients concerning audit and litigation strategies, competent authority applications and collections matters.

    • Canada v. Cameco Corporation, 2020 FCA 112 – Successful transfer pricing appeal to the Tax Court of Canada and Federal Court of Appeal relating to Cameco’s international sales structure and product sales
    • Canada (National Revenue) v. Cameco Corporation, 2019 FCA 67 – Successful defence against requirement from Canada Revenue Agency attempting to compel oral interviews during transfer pricing audit
    • A Canadian communications corporation in an administrative transfer pricing audit including interviews with the Canada Revenue Agency
    • Two Canadian retail corporations in respect of audits by the Canada Revenue Agency under its hybrid debt structure transfer pricing project
    • A major Canadian bank in a transfer pricing appeal to the Tax Court of Canada in respect of its international insurance activities
    • A Canadian property development company in an appeal to the Tax Court of Canada in respect of the deductibility of a management services fee
    • A French industrial company in a transfer pricing objection concerning the imposition of transfer pricing penalties
    • Imperial Oil in an application to the Federal Court of Canada relating to remission of tax in respect of the Syncrude Project
    • A Canadian life insurance corporation in an appeal to the Tax Court of Canada involving the tax treatment of costs incurred during the demutualization process
    • A Canadian communications corporation in an administrative objection to the Canada Revenue Agency regarding the sale of shares of a foreign affiliate
    • A Canadian food corporation in multiple internal reorganizations designed to enhance tax efficiency
    • Jubilant Organosys, an Indian pharmaceutical corporation in a $255 million acquisition of the shares of DRAXIS Health Inc.
    • Limited Brands, an American retail corporation, in a $628 million acquisition of the shares of La Senza Corporation

  • International Tax Review: Recognized in Tax Controversy as a Highly Regarded lawyer
  • Who's Who Legal: Recognized in Canada - Corporate Tax

  • Canadian Tax Foundation
  • International Fiscal Association
  • Canadian Bar Association
  • Ontario Bar Association
  • Law Society of Ontario

  • Frequent lecturer at University of Ottawa Law School on Taxation Policy, Tax Avoidance, Transfer Pricing and International Tax (courses taught by Ian MacGregor)
  • Litigation Support II – Practice Issues (chapter), Canadian Institute of Chartered Business Valuators, 2009 (co-authored with Ian MacGregor).