Anthony Strawson, Timothy P. Kirby, "Vendor Planning for Private Corporations: Select Issues", 2017 Conference Report, (Canadian Tax Foundation), 11:1-28

Summary Under
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(2.1)

Example of hybrid sale using safe income and long-term capital gains deduction where certain assets (e.g., building) are to be retained (pp....

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Summary Under
Tax Topics - Income Tax Act - Section 123.3

Continuance of a CCPC to a foreign jurisdiction may create better protection for assets (p. 11:16)

[A] corporation that is incorporated outside...

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Summary Under
Tax Topics - Income Tax Act - Section 249 - Subsection 249(3.1)

Use of s. 89(11) election to avoid deemed s. 249(3.1) year end (p. 11:18)

Subsection 249(3.1) applies to deem a CCPC’s year-end to occur when...

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Summary Under
Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1)

Use of holding companies to create CDA and s. 84.1, to defer tax on a sale by individual shareholders (pp. 11:19-20)

  • Opco is a CCPC.
  • Opco has an...

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Summary Under
Tax Topics - Income Tax Act - Section 83 - Subsection 83(2)

Ability to use s. 84.1 deemed dividend as capital dividend (p. 11:22)

[l]n a 2002 technical interpretation, the CRA found that a purchaser...

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Summary Under
Tax Topics - Income Tax Act - Section 129 - Subsection 129(1)

Potential generation of dividend refund with s. 84.1(1) dividend (p. 11:23)

[T] he 2002 technical interpretation discussed above … stated that...

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Summary Under
Tax Topics - Income Tax Act - Section 129 - Subsection 129(1.2)

Narrow scope of abuse stated in Explanatory Notes (pp. 11:23-24)

The Department of Finance explanatory notes that accompanied the enactment of...

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