Published: March 25, 2020
Last Updated: April 17, 2020
Split up of a corporation by shareholders did not violate the anti-surplus stripping provisions
In the Canadian income tax case of McMullen v. The Queen, 2007 TCC 16, the decision of the Tax Court of Canada was that a split up of a corporation by two shareholders did not violate the anti-surplus stripping provisions found in subsections 84(2) and 84.1(1) of the Canadian Income Tax Act, and was not caught by GAAR (the general anti-avoidance rule).
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