In confirming that the excluded share exception is available where dividends are paid to a spouse through a holding company (of which the spouse owns more than 10% of the shares) or a family trust deriving all its income from a related manufacturing company, CRA stated:
[I]n the case of a holding company, it will not meet the requirement in paragraph (c) of the definition as all or substantially all of the income would generally be derived from another related business in respect of the individual. In the case of a family trust, the beneficiaries will not meet the requirement in paragraph (b) of the definition as the beneficiaries will not directly own shares of the capital stock of the corporation.