Canadian Lawyer

48 J a n u a r y 2 0 1 5 w w w . C a n a D I a n L a w y e r m a g . c o m the consequences are serious and they have a legal bill on top of that." In the 18 years Ash Gupta has been practising tax law, he says tax practices have gone from compliance engines to deal architects. "That's the role good tax advis- ers are playing," says Gupta, a partner in the tax group at Gowling Lafleur Henderson LLP in Toronto. "When you talk about global tax solutions you're always trying to skirt that edge of being efficient and cre- ative without being aggressive." Gupta agrees that when it comes to the value clients place on the services of a tax lawyer it is easier for them to see what they are getting for their money. "I'm not sure we are at the point where we can name our price but it's much easier today to demonstrate a value proposition to a client," he says. Good tax lawyers are becoming advis- ers with respect to risk management and not just on how to put together deals that achieve the desired goals but also how to keep people out of the news. "It's a fine line and with any fine line you are getting paid for your judgment and not just your technical expertise anymore," he says. These days, on any file of any size, Gupta says tax is "front and centre" at the early planning stages of a transaction. "There is more deference, respect if you will. The 'seen but not heard' kind of days are gone and people are looking for tax to step up to the forefront and play a signifi- cant role in making the deal happen and putting it together." While Michael McLaren, a partner with Thorsteinssons LLP in Vancouver, agrees the public view of corporations and the payment of tax is in the limelight, he doesn't see his role as having changed considerably. "I would certainly say that tax is more of a politician's big ticket item now that the OECD [Organisation for Economic Co-operation and Development] has started to publish its first set of recommendations related to the [base erosion and profit shifting] project. These factors contribute to the internal decision-making process for sure, but I would not say that they really have swayed our role as tax lawyers," he says. McLaren says the tax lawyers at Thorsteinssons are involved in business decisions often before the corporate law- yers are even notified — regardless of whether the transaction is internal or a third-party acquisition in the public mar- kets. "Our role is unique in that we deal with our clients on what is very frequently a daily basis. Our goal is to become a trusted adviser that is part of the integrated corporate team of these companies. We believe this provides us with a competitive edge since it is our view that it is only with this integration that a tax lawyer is able to provide sound legal advice," says McLaren. Changes in legislation have also greatly affected tax practices including tax shelter arrangements as well as transfer pricing, says Wilfrid Lefebvre, a senior partner in the tax practice of Norton Rose Fulbright Canada LLP in Montreal. "The adminis- tration is much more active, if not aggres- sive, on the part of the tax authorities and in Quebec we have the benefit of having two tax authorities to deal with." There has been an evolution, says Lefebvre, in that clients are much more knowledgeable in the area of tax. Boards of L E g a L r E p o rt \ ta x L aw 2 0 1 5 VIEW Brought to you by Canada's leading CLOs explore their challenges for the year ahead Read it in print or online at www.canadianlawyermag.com/inhouse CANADIAN LAWYER INHOUSE AT THE INTERSECTION OF LAW & BUSINESS Live on January 26 th La Law Law aw De Departmen men Ma a em D p TOMORROW'S LEADER aw Department Managemen DIVERSITY nt n DIVERSITY Diversity Diversity Com Comp mplian liance ce ersity ty ers y External Couns Di ersity Di rsity Counse sel Lit Lit itiga igation tomorrow's leader nsel ig nt aw Department Management aw Department Manageme DIVERSITY IVERSITY nt nt nt IN INNO NOVA VATO TO TO TOR D VA VA house Counsel ex in in-house de deals RISK DIV DIV I VOL.9 • ISSUE 4 • 08 . 14 AT THE INTERSECTION OF LAW & BUSINESS THE INNOVATION ISSUE AWARDS WINNERS OF THE 1st ANNUAL AWARDS CELEBRATING IN-HOUSE INNOVATION INDUSTRY SPOTLIGHT ACCESS COPYRIGHT'S NEXT CHAPTER IN CLOSING WOMEN GENERAL O 'LEAN IN' REEMENT # 40766500 CATIONS MAIL AGREEMENT # 40766500 Positioned Growth LAW DEPARTMENT MANAGEMENT HOW TABLETS FOUND A HOME IN-HOUSE INDUSTRY SPOTLIGHT CANADA'S FRACTURED VIEW OF FRACKING Legal departments are working side-by-side with business units to build for VOL.9 • ISSUE 1 • 02 . 14 for VIEW 2014 From left to right: Robyn Collver Leanne Geale Daniel Desjardins InHouseViewBlake_Dec_14.indd 1 2014-12-02 1:17 PM

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