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ARTICLE · 19 OCTOBER 2023

Strengthening The Intergenerational Business Transfer Framework

The Intergenerational Business Transfer ("IBT") regulations came into effect on June 29, 2021, through Bill C-208. Before this, when parents transferred shares of their...

CanadaTax

The Intergenerational Business Transfer (“IBT”) regulations came into effect on June 29, 2021, through Bill C-208. Before this, when parents transferred shares of their corporation to one owned by their children, it was considered as deemed dividends rather than capital gains. Bill C-208 aimed to provide an exception to this rule, enabling parents to benefit from the same tax advantages as selling to unrelated parties, utilizing the lifetime capital gains exemption or receiving capital gain treatment (which is 50% taxable as opposed to fully taxable dividends) during the transfer.

Budget 2023 Amendments to Bill C-208

Budget 2023 proposes changes to Bill C-208 rules to ensure they apply only to genuine intergenerational business transfers. A genuine transfer involves the exchange of shares from a natural person (the Transferor) to another corporation (the Purchaser Corporation), subject to specific conditions. The federal government also suggests expanding the

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