On January 17, 2017, I published a blog about the new Alberta Investor Tax Credit programs. For those of you who read my original blog, you’ll know that I was and remain very critical about the new programs. Subsequent to the publishing of my article, some astute readers in the Alberta business and technology industry brought two potential deal killers for the Alberta Investor Tax Credit (AITC) to my attention. A third item, discovered on another read-through of the regulations enacted to implement the many prescribed rules related to the AITC, concerns overreaching Ministerial discretion which, in my view, too easily lends itself to politically motivated denial of the credit. Accordingly, the purpose of this follow-up article is to bring the two deal killer issues to your attention and raise the concern of the overreach that I have subsequently identified.

As the new Alberta Investor Tax Credit (“AITC”) and Capital Investment Tax Credit (“CITC”) were making their way through the Alberta Legislature I wrote an article for the Canadian Tax Foundation which appeared in the January 2017 issue of “Tax for the Owner Manager” and can be accessed here. Bill 30, which contains the two credits, became law on December 9, 2016. The draft legislation discussed in my article was only cosmetically changed with 4 amendments accepted at the end of November.

Well, it’s that time of year when people start to wind down for the holidays and get ready to spend time with family. For me, I’m not immune to that. I’m very much looking forward to gathering my wife and kids around the fire and the Christmas tree to have a lively discussion about what 2017 might look like in the tax world. Accordingly, consider this short blog a preview of the riveting Moody family holiday discussions. And, yes, my family can’t wait!