Around when he was placed in a long-term care facility, the “Deceased” transferred his shares of two companies with investing businesses (Aco and Bco) on a s. 73(1) rollover basis to a newly-formed alter ego trust (“AE Trust”) of which a child (“Child 1”) was the trustee, and Child 1, Child 1’s spouse and their three adult children were beneficiaries with entitlements to income and capital as determined in the discretion of the trustee (except that he could not distribute capital to himself). On the death of the Deceased, there was a deemed disposition of the Aco and Bco shares for their FMV pursuant to s. 104(4)(a).
As a preliminary transaction, it was proposed that the trustee pursuant to a provision of the Trust Deed execute an irrevocable deed to amend the Trust Deed to thereupon remove one of the grandchildren (who was a non-resident) as a beneficiary of AE Trust. The stated purpose was "to preclude the potential application of the provisions of section 212.1 that may otherwise result, to the extent that Grandchild 1 would be a non-resident beneficiary of AE Trust at any relevant time.” (Note that in 2019-0824561C6, CRA adverted to the 2 December 2019 Finance comfort letter, but noted that it did not extend to non-GRE trusts, e.g., a life interest trust, such as AE Trust.)
AE Trust then implemented conventional pipeline transactions.