The definition of “related business” – (c)(i)(B) references a business of a corporation where a source individual owns property “that derives, directly or indirectly, all or part of its fair market value” from shares of the corporation. What are examples of such property; and is an interest in a trust “property” for such purposes even if the trust is entirely discretionary? CRA responded:
The property referred to in clause (c)(i)(B) of the definition of "related business" in paragraph 120.4 may include, inter alia, shares of the capital stock of a corporation, interests in a partnership or interests in a trust. …
An interest in a trust is property for the purposes of the definition of "related business" in subsection 120.4(1), regardless of whether the trust is a wholly discretionary or non-discretionary trust.
Furthermore, the determination of the FMV of an interest in a discretionary trust is a question of valuation.