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Published: January 5, 2022

Last Updated: January 5, 2022

David Rotfleisch, a tax lawyer with Rotfleisch & Samulovitch P.C. in Toronto, explained why executives and employees should treat share transfers as income rather than capital gains, which is the norm.

“Had the approach worked, there would have been a tax-free crystallization for the controlling shareholder and a tax-free receipt of proceeds for the arm’s length employees,” says Rotfleisch. “A nice win for everyone but the Canada Revenue Agency,” he added

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"This article provides information of a general nature only. It is only current at the posting date. It is not updated and it may no longer be current. It does not provide legal advice nor can it or should it be relied upon. All tax situations are specific to their facts and will differ from the situations in the articles. If you have specific legal questions you should consult a lawyer."

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