increasingly include foreign entities that contribute funding to 
the Canadian corporations that own the resources and have 
the operating expertise. While these non-resident investors 
may participate directly in the projects, more typically they 
will participate through Canadian subsidiaries, so that all the 
members of the joint venture or partnership will be Canadian 
corporations.

Trusts are excellent vehicles for flowing income through 
to their beneficiaries; however, trusts cannot flow losses 
through to their beneficiaries. As a result, trusts are not used 
frequently in active mining operations, although they may 
be used as investment vehicles to purchase royalties and 
other mining interests. Trusts are taxed as individuals on their 
income except in respect of income that is subject to the 
SIFT legislation (discussed in 

Structuring Mining Investments – 

Partnerships and Joint Ventures – Income Tax Consequences – 
SIFT Legislation)

.

Income Taxation

Both the federal and the provincial governments levy income 
taxes on corporations and individuals. In all provinces except 
Québec and Alberta, a single corporate tax return is filed, and 
in all provinces except Québec, a single personal income tax 
return is filed, with the federal government collecting both 
taxes. In Québec and Alberta, the basis for taxation is similar 
to the basis for federal taxation. 

Individuals, corporations, and trusts are all subject to federal 
income tax under Canada’s Income Tax Act (ITA). Most 
partnerships are not themselves liable to tax; instead, the 
individual partners are taxed on their share of partnership income. 

The basis for federal taxation in Canada is residency. Residents 
of Canada are taxed on their worldwide income, whether from 
sources inside or outside Canada. Non-residents are taxed 
only on their Canadian-source income (subject to any available 
treaty exemption). Corporations incorporated in Canada are 
resident in Canada regardless of the residency or nationality 
of their shareholders. 

Individuals are subject to federal tax and provincial tax in the 
province in which they are resident on the last day of the 
calendar year (December 31). However, business income 
earned through a permanent establishment is subject to tax 
in the province or territory of the permanent establishment. 

The ITA provides for abatement for income earned by a 
corporation through a permanent establishment in a province 
or territory. Where a corporation carries on business in two or 
more provinces, there is an allocation formula that allocates 
the income between those provinces. 

The ITA also allows a 100% deduction for provincial royalties 
and mining taxes payable. 

The calculation of tax follows four steps. First, income (also 
called net income) is calculated. Then certain deductions 
are claimed to arrive at taxable income. Next, federal tax 
and provincial tax are calculated on taxable income. Finally, 
applicable tax credits are applied to reduce taxes payable. 

Resident corporations are taxed at flat corporate rates. The 
combined federal and provincial rates range from 25% to 
31% for the 2013 calendar year, depending on the province 
or territory. Table 2 shows the federal and provincial income 
tax rates for each province and territory as at June 30, 2013. 

Table 2: Federal and Provincial Corporate Income Tax  
Rates as at June 30, 2013

Rates as at June 30, 2013 (%)

Federal

Provincial

Combined

British Columbia

*

15

11.0

26.0

Alberta

15

10.0

25.0

Saskatchewan

15

12.0

27.0

Manitoba

15

12.0

27.0

Ontario

15

11.5

26.5

Québec

15

11.9

26.9

New Brunswick

15

10.0

25.0

Nova Scotia

15

16.0

31.0

Prince Edward Island

15

16.0

31.0

Newfoundland and 
Labrador

15

14.0

29.0

Yukon

15

15.0

30.0

Northwest Territories

15

11.5

26.5

Nunavut

15

12.0

27.0

*  British Columbia increased its rate to 11% from 10% effective April 1, 2013.  

  New Brunswick increased its rate to 12% from 10% effective July 1, 2013.

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms 
affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

 

Overview of the Canadian Tax Regime 

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