Section 85 rollover

Posted: November 26, 2023

When it comes to optimizing your business's financial structure, understanding the intricacies of Canadian tax provisions is essential. One such provision that holds significant potential for businesses is the Section 85 Rollover. In this general guide, we'll delve into the details of the Section 85 Rollover, exploring its benefits, applications, and how it can shape your business's financial landscape.

What is the Section 85 Rollover? - The Section 85 Rollover is a tax provision outlined in the Canadian Income Tax Act that allows for the tax-deferred transfer of property between a corporation and its shareholders. Essentially, it enables businesses to restructure their ownership and assets without triggering immediate tax consequences.

Benefits of the Section 85 Rollover:

Tax Deferral -  One of the primary benefits of the Section 85 Rollover is the ability to defer tax liabilities. Instead of recognizing capital gains or losses at the time of the transfer, the tax implications are deferred until a future disposition of the property.

Smooth Business Transitions - Whether you're considering passing on your business to the next generation or restructuring ownership as part of a merger or acquisition, the Section 85 Rollover facilitates these transitions by allowing for a tax-efficient transfer of assets.

Flexibility in Business Restructuring - Businesses evolve, and so do their structures. The Section 85 Rollover offers flexibility in restructuring, enabling the transfer of various types of property, such as shares, land, and depreciable property, without triggering immediate tax consequences.

Applications Across Business Scenarios:
Inter-Generational Transfers -  Passing down a family business to the next generation is a common scenario where the Section 85 Rollover can be advantageous. It allows for a tax-efficient transition, preserving wealth within the family.
Business Expansions - If your business is entering into a merger or acquisition, the Section 85 Rollover can facilitate the transfer of assets between the entities involved, helping to streamline the process.
Ownership Changes - When there's a change in ownership structure, such as shareholders exiting the business, the Section 85 Rollover can provide a tax-efficient way to facilitate the transfer of ownership interests.
Navigating the Section 85 Rollover: Step by Step:
Eligibility Assessment - Determine whether your situation meets the criteria for eligibility under the Section 85 Rollover provisions.
Valuation of Property - Accurately value the property being transferred to ensure proper tax treatment.
Completing Form T2057 - Prepare and file Form T2057 with the Canada Revenue Agency (CRA) to formally elect for the Section 85 Rollover treatment.
Conclusion - The Section 85 Rollover presents a valuable opportunity for businesses to optimize their financial structures while deferring tax liabilities. By understanding its benefits, applications, and the steps involved in navigating this provision, businesses can make informed decisions that contribute to their long-term financial success. Consult with our expert advisors to explore how the Section 85 Rollover can be strategically integrated into your business's financial plan.
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Disclaimer - This blog post is intended for informational purposes only and should not be considered as professional tax advice. Consult with a qualified tax professional for personalized guidance related to your specific situation.

Disclaimer - This blog post is intended for informational purposes only and should not be considered as professional tax advice. Consult with a qualified tax professional for personalized guidance related to your specific situation.