Words and Phrases - "interest in a trust"

89
44
82
56
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31
20
15
75
2
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32
57
27
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81
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17 June 2025 STEP Roundtable, Q.2

person does not have an interest in a trust if it is contingent on the death of a person

Can shares (which do not amount to control) of the purchaser corporation be held by a trust where the parent is a contingent beneficiary in the event of death of a child or all members of the child group?

CRA noted that the context of this question was the rules in ss. 84.1(2.31)(d) and (e) and 84.1(2.32)(d) and (e) which provided that the parents, from the time of the disposition of the subject shares, could not own, directly or indirectly, 50% or more of the shares of any class of the purchaser corporation or the subject corporation other than certain non-voting preferred shares and that, within 36 months of the disposition, must have ceased owning, directly or indirectly, any shares of the purchaser corporation or the subject corporation other than those certain non-voting preferred shares.

Turning then to the look-through rule in s. 84.1(2.3)(c)(ii) as to the meaning of “own, directly or indirectly,” CRA indicated that it would not consider a person to have an interest in a trust if that person's interest depended solely on the occurrence of an uncertain event, such as a child predeceasing a parent. Accordingly, CRA would not consider, during the lifetime of a child or the lives of relevant members of the child group, the parent to own any shares of the purchaser corporation held by the trust.

Words and Phrases
interest in a trust
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(2.31) - Paragraph 84.1(2.31)(d) trustees are not considered to be owners of the shares held by the trust 223
Tax Topics - General Concepts - Ownership trustee are not owners of shares in the corpus 57