Question 13
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Feb 20, 2024
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Question: ABC Inc., a Canadian corporation, sold a piece of real estate to its shareholder, Mr. Smith, for $500,000. The fair market value of the property at the time of the sale was assessed to be $600,000. Determine the tax implications for ABC Inc. considering the transaction is deemed to be non-arm's length.
Answer: When a transaction occurs between non-arm's length parties, such as a corporation and its shareholder, the Canada Revenue Agency (CRA) requires that the transaction be conducted at fair market value to determine tax implications.
In this case, ABC Inc. sold the property to its shareholder for $500,000, which is less than the assessed fair market value of $600,000. Therefore, the difference between the fair market value and the actual selling price represents a deemed dividend to the shareholder.
The deemed dividend would be calculated as follows:
Deemed Dividend = Fair Market Value - Selling Price
= $600,000 - $500,000
= $100,000
So, ABC Inc. would need to report a deemed dividend of $100,000 to Mr. Smith for tax purposes. This amount would be subject to taxation in the hands of Mr. Smith as dividend income. Additionally, ABC Inc. may have to adjust its taxable income to reflect the fair market value of the property.
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