An individual ("Individual") first implemented an estate freeze, whereby his participating shares of Opco were converted into preferred shares, and a personal trust ("Trust1"), whose beneficiaries were the Individual’s children ("Child1" and "Child2"), subscribed for participating shares. Some years later, a second freeze is implemented, whereby the participating shares of Opco held by Trust1 are converted into preferred shares, and a personal trust ("Trust2"), whose beneficiary is Child1, subscribes for participating shares. The terms of Trust1 and Trust2 contain the restrictions described in s. 74.4(4).
CRA confirmed that the condition described in s. 74.4(4)(a) would be met, even though Child1 would be the beneficiary of two trusts holding shares of Opco (“subsection 74.4(4) would not be inapplicable solely because Child1 would be beneficially interested in two separate trusts holding shares of Corporation”).