Ontarios Related Party Rules Allow for TAX FREE / LESS TAX GST - - PowerPoint PPT Presentation

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Ontarios Related Party Rules Allow for TAX FREE / LESS TAX GST - - PowerPoint PPT Presentation

Ontario Related Party Rules ROAD MAP What do they do ? RST RST Ontario Related Party Rules Ontarios Related Party Rules Allow for TAX FREE / LESS TAX GST Carrying on Business Policy Transfer of Taxable TPP between Related Parties


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SLIDE 1

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MILLAR KREKLEWETZLLP

ROAD MAP

RST –Ontario Related Party Rules GST – Carrying on Business Policy

MILLAR KREKLEWETZLLP

Ontario’s Related Party Rules

MILLAR KREKLEWETZLLP

Ontario Related Party Rules

What do they do ?

RST Allow for TAX FREE / LESS TAX Transfer of Taxable TPP between Related Parties First substantive changes since 1961 Also Address Partnerships MILLAR KREKLEWETZLLP

Related Party

Same 95% Ownership Test Expanded Application

Ontario Related Party Rules

MILLAR KREKLEWETZLLP

Eligible Property

Main Requirement: Tax Paid Exempt or Resale Situations NOT Eligible Now Allows for Multiple Usage

Ontario Related Party Rules

MILLAR KREKLEWETZLLP

Main Rule

Where Related Parties, Eligible Property may be transferred tax free Fine Print: (1) 180 day holding period (2) After July 19, 2004

Ontario Related Party Rules

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SLIDE 2

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MILLAR KREKLEWETZLLP

Rule where less than 95%

Where Unrelated Parties, Eligible Property may be transferred on a pro-rated basis Concept: You don’t pay tax on your percentage ownership. Same Fine Print

Ontario Related Party Rules

MILLAR KREKLEWETZLLP

Special Rules for Partnerships

MILLAR KREKLEWETZLLP

Rule on Creation of Partnership

RST & Partnerships

No RST if “Consideration Received” for TPP = “Partnership Interest” What is the “Partnership Interest” How should it be valued ? Remember: Can Take it Out Tax-Free Too MILLAR KREKLEWETZLLP

Rule for Transfers After Creation

RST & Partnerships

Treat certain amount as exempt, based on “% of Profits” of Partnership Applies on TPP Going IN and OUT (But not if taking out someone’s else’s TPP) Inherent Double Tax Still the Norm Why % of Profits ? MILLAR KREKLEWETZLLP

GST & CARRYING ON BUSINESS

MILLAR KREKLEWETZLLP

GST & Carrying on Business

Draft GST Policy P-051 R2

GST Carrying on Business Brings a Non-Resident INTO the GST System Significant Change in the Traditional Guideposts

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SLIDE 3

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MILLAR KREKLEWETZLLP

QUESTIONS

MILLAR KREKLEWETZLLP

Regulation 1013

Interpretation 13

  • 1. This section contains interpretation rules that apply for the purposes of this section

and sections 13.1 to 13.7.

  • 2. A corporation is related to another corporation if one corporation wholly owns the
  • ther corporation or if both corporations are wholly
  • owned by the same person.
  • 3. A corporation is wholly
  • owned by a person or an individual, as the case may be, if the

beneficial ownership of shares representing not less than 95 percent of the sum of the stated capital of all classes and series of shares of the corpor ation is held directly or indirectly,

  • a. by the person; or
  • b. by the individual and one or more individuals who are members of his or her family.
  • 4. A corporation (the "subsidiary corporation") that is wholly
  • owned by another

corporation shall be deemed to include any other corporation that is itself wholly

  • wned by the subsidiary corporation.

MILLAR KREKLEWETZLLP

Regulation 1013

Interpretation 13

  • 1. This section contains interpretation rules that apply for the purposes of this section

and sections 13.1 to 13.7.

  • 2. A corporation is related to another corporation if one corporation wholly owns the
  • ther corporation or if both corporations are wholly
  • owned by the same person.
  • 3. A corporation is wholly
  • owned by a person or an individual, as the case may be, if the

beneficial ownership of shares representing not less than 95 percent of the sum of the stated capital of all classes and series of shares of the corpor ation is held directly or indirectly,

  • a. by the person; or
  • b. by the individual and one or more individuals who are members of his or her family.
  • 4. A corporation (the "subsidiary corporation") that is wholly
  • owned by another

corporation shall be deemed to include any other corporation that is itself wholly

  • wned by the subsidiary corporation.

MILLAR KREKLEWETZLLP

Regulation 1013

Interpretation 13

  • 1. This section contains interpretation rules that apply for the purposes of this section

and sections 13.1 to 13.7.

  • 2. A corporation is related to another corporation if one corporation wholly owns the
  • ther corporation or if both corporations are wholly
  • owned by the same person.
  • 3. A corporation is wholly
  • owned by a person or an individual, as the case may be, if the

beneficial ownership of shares representing not less than 95 percent of the sum of the stated capital of all classes and series of shares of the corpor ation is held directly or indirectly,

  • a. by the person; or
  • b. by the individual and one or more individuals who are members of his or her family.
  • 4. A corporation (the "subsidiary corporation") that is wholly
  • owned by another

corporation shall be deemed to include any other corporation that is itself wholly

  • wned by the subsidiary corporation.

MILLAR KREKLEWETZLLP

Regulation 1013

Interpretation 13

  • 1. This section contains interpretation rules that apply for the purposes of this section

and sections 13.1 to 13.7.

  • 2. A corporation is related to another corporation if one corporation wholly owns the
  • ther corporation or if both corporations are wholly
  • owned by the same person.
  • 3. A corporation is wholly
  • owned by a person or an individual, as the case may be, if the

beneficial ownership of shares representing not less than 95 percent of the sum of the stated capital of all classes and series of shares of the corpor ation is held directly or indirectly,

  • a. by the person; or
  • b. by the individual and one or more individuals who are members of his or her family.
  • 4. A corporation (the "subsidiary corporation") that is wholly
  • owned by another

corporation shall be deemed to include any other corporation that is itself wholly

  • wned by the subsidiary corporation.

Return

MILLAR KREKLEWETZLLP

The Related Concept

B C

A & B are related

A

95% 95%

B A

95%

A & B & C are Related

Return

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SLIDE 4

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MILLAR KREKLEWETZLLP

The Related Concept

A B

95% 95%

B

95%

Return

MILLAR KREKLEWETZLLP

The Related Concept

B C A

95% 95%

A & B & C are Related

MILLAR KREKLEWETZLLP

The Related Concept

B C A

95% 95%

D

95%

A & B & C & D are Related

MILLAR KREKLEWETZLLP

The Related Concept

B C A

95% 95%

E

A & B & C & D & E are Related

95%

D

95%

MILLAR KREKLEWETZLLP

The Related Concept

B C A

95% 95%

E

95%

D

95% 95%

F

95%

G

A & B & C & D & E & F & G are Related

MILLAR KREKLEWETZLLP

The Related Concept

B C A

95% 95%

E

95%

D

95% 95%

F

95%

G H

30% 70%

EVERYONE IS RELATED

Return