Background

Daniel Lang is a tax partner practicing in our Toronto office and was admitted to the Ontario Bar in 1992. He graduated from Osgoode Hall Law School in 1990, and prior to that received a Bachelor of Commerce degree from McGill University. Before joining Borden Ladner Gervais, Daniel was an Associate Partner at a “Big 4” accounting firm.

Areas of Practice

• Daniel has extensive experience with respect to the tax implications arising from corporate reorganizations, mergers and acquisitions, in-bound investment into Canada and international transactions. Recent client work has focused on tax issues affecting manufacturing and technology companies, financial institutions and insurance companies.
• He has particular expertise in tax issues affecting the electrical generation industry.

Professional Experience

• Acts for public and private companies in connection with proposed acquisitions including the completion of tax due diligence, evaluation of business structures and assistance with post-closing reorganizations.
• Advises on the tax considerations affecting investment into Canada including permanent establishment considerations, tax treaty interpretation, taxation of non-resident employees, and financing strategies.
• Implements tax minimization strategies for Canadian corporations through internal reorganizations, debt pushdowns and loss utilization transactions and through sale planning for shareholders.
• Assists manufacturing companies with operational matters such as analysis of tax depreciation policies for newly constructed plants and review of the tax components of financial models.
• Electrical generation industry experience: provides ongoing tax advice to enterprises that operate wind, solar, and natural gas electrical generation facilities; advised a large electrical utility on tax issues pertaining to its nuclear waste management funds; and assisted a foreign nuclear equipment manufacturer with a submission to the Alberta Nuclear Expert Panel.

Recent Transactions

• Acted for Elekta AB on the acquisition of Resonant Medical Inc.
• Acted for Central 1 Credit Union in the joint acquisition with Co-Operators Life Insurance Company of the shares and Plan of Arrangement of The Cumis Group Limited.
• Acted for AIC Limited on the sale of its retail investment fund business to Manulife Financial Corporation.
• Acted for Loblaws on its acquisition of the shares of T&T Supermarket.
• Acted for CertainTeed Insulation Canada, Inc. in its acquisition of the assets of OFI Income Fund.
• Acted for Global Copper Corp. in connection with its sale to Teck Cominco Ltd. for $415 million by way of a plan of arrangement, and the spin-off of Lumina Copper Corp. to the shareholders of Global Copper Corp.

Professional and Community Activities

• Member of the Canadian Tax Foundation, the Ontario Bar Association, and the International Fiscal Association.
• Member of the Canadian Nuclear Law Organization, and member of Planning Committee, 2009 Inter Jura Congress of the International Nuclear Law Association.

Publications and Conference Presentations

• Co-presenter on "Tax Issues in Purchase and Sale Agreements" 2011 Canadian Tax Foundation Annual Conference.
• Presentation on "Topical Tax Issues For the Electricity Sector" to the Canadian Electricity Association, Income and Commodity Tax Committee (September, 2011).
• “Key Practical Issues to Eliminate Double Taxation of Business Income” (co-authored with Pierre Bourgeois of PricewaterhouseCoopers), International Fiscal Association Cahiers de Droit Fiscal International.
• Workshop presenter on "The ABCs of Section 55" at the 2009 and 2010 Canadian Tax Foundation Annual Conference.
• Secretary to the panel session "Taxation of Mobile Activities" held at the 2009 International Fiscal Association Conference in Vancouver.
• "Respect for Legal Form: Industrielle Alliance, Assurances et Service v. R.", Federated Press Corporate Finance newsletter, Volume XV, Number 2, pages 1656-1659.
• "Withholding Tax Implications of Participating Interest and Convertible Debt", CCH Canadian International Tax newsletter, Volume 42 (November 2008), pages 5-8.
• "Not as advertised: New Tax Filing Procedures for Non-Canadian Resident Vendors" International Law Office Newsletter (on-line publication to International Bar Association), April 25, 2008.
• "Section 116 Certificates: When and When Not?", Federated Press Corporate Finance newsletter, Volume XIV Number 4, pages 1555-1560.
• "New Canadian Tax Filing Procedures for Non-resident Investors Fall Short of Expectations", Practical US/International Tax Strategies (published by World Trade Executive), Volume 12, Number 6 (March 31, 2008) at pages 13-15.