A recent decision by the Canadian Federal Court of Appeal could have executives of multi-national companies doing an end zone dance in their offices. The FCA determined in the last week of July that a Tax Court of Canada judge erred in his May 2008 interpretation of a subsection of the Canadian Income Tax Act on transfer pricing and has sent the matter back to the Tax Court for reconsideration. The decision has been described as a “big win” for GlaxoSmithKline Inc. (GSK), the Canadian distributor of the patented anti-ulcer drug, Zantac, in its long-running dispute with the Canada Revenue Agency. The root of the spat was the transfer price paid for ranitidine, Zantac’s active ingredient, during the 1990 to 1993 taxation years. |