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ARTICLE · 27 AUGUST 2024

Canada's New Entrepreneurs' Incentive: A Look At The Draft Legislation

On August 12, the Department of Finance Canada ("Finance Canada") released proposed amendments to the Income Tax Act (the "Act") implementing the new Canadian Entrepreneurs' Incentive (the "Incentive").

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On August 12, the Department of Finance Canada ("Finance Canada") released proposed amendments to the Income Tax Act (the "Act") implementing the new Canadian Entrepreneurs' Incentive (the "Incentive"). The Incentive aims to reduce the capital gains inclusion rate to one-third on a lifetime maximum of $2 million in eligible capital gains.

The Incentive will apply to taxation years after 2024.

Background

The Incentive was introduced in April as part of the 2024 federal budget ("Budget 2024") to mitigate the impact of the increased capital gains inclusion rate for Canadian entrepreneurs. The Incentive was announced alongside other tax changes that alter the way capital gains are taxed, such as circumstantially increasing the capital gains inclusion rate from 1/2 to 2/3.

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