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ARTICLE · 24 NOVEMBER 2017

Update On Finance Proposals: Some Good, Some Bad

During the summer, the Department of Finance issued sweeping tax proposals ("Proposals") targeted at private businesses.

CanadaTax

During the summer, the Department of Finance issued sweeping tax proposals ("Proposals") targeted at private businesses. These Proposals received lots of criticisms and were analyzed at length by tax practitioners and advisors (please see Torkin Manes LLP's analysis of these Proposals delivered by webinar). After months of lobbying by various industry groups and tax advisors, the Department of Finance, at the 2017 Annual Tax Conference (November 21, 2017), clarified its position on these Proposals:

Multiplication of Capital Gains Exemption

The Department of Finance confirmed it will not proceed with the Proposals dealing a common tax planning strategy of multiplying the capital gains exemption among family members (Currently, each individual is entitled to $835,716 for 2017 (indexed annually with inflation)). It is a common strategy to have family trusts hold shares of a qualifying small business corporation. When the shares are sold to an arm's length purchaser,

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