Principal Issues: 1. Can a corporation be a business agency of an incorporated congregation? 2. Can a wholly-owned subsidiary of a business agency be a business agency of the congregation? 3. Does the transfer of an asset to a congregation paid as a dividend in kind constitute a non-event for tax purposes? 4. What are the tax implications of transferring the legal title of a business asset from a congregation to a business agency or the wholly-owned subsidiary of a business agency?
Position: 1. Yes 2. Likely no. Depends on the facts; who actually owns all the shares of the corporation. 3. Would likely not constitute a taxable event. 4. If the corporation is a business agency of the congregation then likely no tax implications of transferring title, but if not transferred to a business agency then result would be same as transfer between regular corporations.
Reasons: 1. Definition of congregation says it may be incorporated. 2.The legislation does not refer to indirect ownership; definition of business agency was amended, reference to "control" deleted. 3. It is a transfer within the same inter vivos trust. 4. If a business agency, then transfer within the same deemed inter vivos trust; if not, regular transfer of assets.