A parent wishes to access the s. 84.1(2.32) rules regarding a transfer of the shares of Parent Inc. (which are qualified small business corporation shares) to a holding company controlled and owned by the parent’s adult children, who have been actively engaged in the business of Parent Inc. As a result of an estate freeze, the parent now held voting preferred shares (the “Control Shares”) according voting control, as well as retractable preferred shares (the “Freeze Shares”) of Parent Inc.; and Parent’s adult children hold its voting common shares.
CRA indicated that if the children’s corporation purchased all of the parent's shares but paid only for 20% over the following 10 years, s. 84.1(2.32)(f)(ii) would not be satisfied because, at the end of the 10-year period, the parent would still hold a claim against the purchaser corporation having a FMV equal to 80% (i.e., over 30%) of the FMV of all of its interests held immediately before the disposition for which the s. 84.1(2)(e) exception was claimed.