If a butterfly split-up of a distributing corporation (DC) between the two corporations of the two children of a deceased parent had instead been effected during the lifetime of the parent (controlling DC), would it have been necessary to deal with the proportionality test in the division of the property?
CRA indicated that it accepted that the s. 55(3)(a) exemption may apply where the share ownership includes siblings, as long as the presence of their parents as shareholders allows the s. 55(3)(a) exemption to apply. However, this exemption will not be available under s. 55(4) where one of the purposes of the transactions was to cause persons to be related or a corporation to control a corporation so that s. 55(2) did not apply. In this regard, it stated:
[T]he CRA has already taken the position that subsection 55(4) should not apply where the primary reason for a shareholder to hold a sufficient number of shares of the capital stock of a corporation to control it was to protect its economic interests.