Articles

Ontario Offering Memorandum Exemption a Win-Win

Feb 13, 2019
Toonie, cc Flickr Carol VanHook, modified, https://creativecommons.org/licenses/by-sa/2.0/

One of the most significant regulatory developments of the past few years regards changes to offering memorandum exceptions, and every Canadian business owner and investor should be aware of how these new rules work.   In 2016, a set of new amendments from provincial securities regulators came into force. They introduced an offering memorandum prospectus…

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Estate Freezes

Sep 4, 2017
Deer

Estate freezes are used by family business owners to facilitate the transfer of a business from one generation to the next while taking advantage of available tax deductions and incentives. They are generally structured to minimize capital gains tax and probate fees and to take advantage of dividend sprinkling to income split among family members,…

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S.85 Tax Exempt Transfer to a Corp

Jul 27, 2017
Cherry blossoms

Section 85 of the Income Tax Act is a commonly used provision that permits the tax exempt transfer of property to a corporation. This paper provides an overview of the application of the section covering key topics including the general rules of section 85, eligible property, consideration or “boot,” anti-abuse rules, requisite filings and other…

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NAFTA Domestic Tax as Trade Subsidy

Apr 30, 2017
Mexican Farmer

This paper argues that North American Free Trade Agreement (NAFTA) renegotiation and amendment should be used to define and restrict domestic tax provisions improperly used as indirect trade subsidies or tariffs. In doing so the Canadian foreign affiliate rules and the proposed US border adjustment tax are examined. Download the full paper here: Nick Wright…

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