Triskelion, a U.S.-based company, provided project management services in Canada and was assessed as having taxable income in Canada by the Minister of National Revenue.
The Tax Court upheld the Minister's assessment, leading to Triskelion's appeal.
Legal Issues:
Taxable Income in Canada: Validity of the income taxation under the Canada-U.S. Income Tax Convention.
Permanent Establishment Clause Interpretation: Whether Triskelion constituted a permanent establishment in Canada.
Procedural Fairness Claims: Triskelion's contention regarding the Tax Court’s process.
Judgment:
Judges: Woods J.A., Locke J.A., LeBlanc J.A.
Decision: Appeal dismissed.
Rationale:
The Court found the Minister’s application of the permanent establishment clause correct.
Rejected Triskelion's claims about double counting of days and procedural unfairness.
Costs: Costs awarded against Triskelion.
Conclusion:
The Federal Court of Appeal upheld the Tax Court's decision. The case underscores the importance of complying with tax obligations under international treaties and dismisses concerns over the calculation method and procedural fairness in tax assessments.
