Section 85 and Section 86 rollovers are essential Income Tax Act tools that let Canadian taxpayers transfer property or exchange shares without immediate capital gains tax. Ideal for incorporating sole proprietorships, estate freezes, or corporate reorganizations, these strategies preserve value through tax deferral while meeting CRA rules like T2057 filings.
Double taxation erodes Canadian estates when private company shares trigger capital gains at death followed by dividend taxes on distributions. This guide explains the problem with real examples and outlines CRA-approved solutions like pipeline plans—transferring shares to a NewCo for promissory note repayment—and expanded loss carryback rules allowing offsets up to three years post-death.
In this case study, we outline the potential implications and options for Numbered Co. 1, which is an incorporated Ontario company and selling real property in Ontario, with unconfirmed information if the principal of the company is a resident of Ontario or a non-resident. This may have tax implications which may result in the purchaser requesting a holdback of the sale proceeds.
Discover trusted legal support through the CRS Law Collective. Click the button below to visit our new website.
