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Finance committee  That's correct. The amendments relating to Bill C-208 apply only where an individual sells shares to a corporation owned by their child or grandchild. On a direct sale of shares from a parent to their child, the anti-avoidance rule in section 84.1 would not apply, to cause there

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  As part of our committee appearance this spring to discuss Bill C-208, the departmental officials were present to help explain the technical aspects of the bill, and I would need to defer to the honourable chair of the committee in terms of the rules. I'm not even aware of whethe

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  In connection with my last statement, I want to answer the questions as fully as possible, but that starts to get pretty close to describing our advice and internal instructions from the government. I would defer to my colleague Jenifer as to whether that's something that can be

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  It's a complex issue with a number of competing factors. As I said in my earlier committee appearance, a lot of people have an intuitive sense of what it means to transfer a business to the next generation, but it is a difficult thing to legislate with precision so that all of th

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  No, thank you.

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  Right now that is absolutely correct. What I was saying with respect to the government's July 19 announcement was that while the government has announced its intention to provide additional conditions that may need to be met at the end of a consultation process, those new conditi

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  If I understand the question correctly, right now the rules as enacted by Bill C-208 apply and can be relied upon. It is the law of the land.

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  I apologize. I'll try to be more brief. As I said, the coming into force of Bill C-208 was a factual matter. It amended the Income Tax Act on June 29. That's just when it produced its effect. The proposed amendment would.... Of course, it would have to be included in a bill, as

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  Yes. It's quite common that when income tax amendments are made, they apply as of a future date. A bill like Bill C-30, the recent budget bill, might have a number of amendments that, even though it also received royal assent on June 29, might not start to apply until a later tax

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  The July 19 announcement provided that Bill C-208 amendments currently apply and that any new amendments put forward by the government, which as we discussed would need to be included in a bill and passed through Parliament, would not apply before November 1, 2021.

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  The relevant provisions of the Income Tax Act as amended by Bill C-208 would apply to a transaction undertaken today. That's based on yesterday's press release. The government announced that any new amendments would not apply before November 2021. For any transaction undertaken b

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  As I said, it was an announcement of the government's proposal. As we start with the approval process, of course the Department of Finance officials provide advice to the minister, and then we implement the government's decisions. I was simply trying to highlight the fact that th

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  It is a somewhat arcane thing that doesn't come up much, but it is critically important in the preparation of tax amendments. As I said initially, for example, the amendments in Bill C-208 came into force on the date they received royal assent; that is to say that the bill amend

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  Just to be technical in the terminology, when Bill C-208 received royal assent, it became effective. It became part of law. It amended the Income Tax Act. On June 29, the date of royal assent, Bill C-208 amended the Income Tax Act. As of that date, the provisions it had amended w

July 20th, 2021Committee meeting

Trevor McGowan

Finance committee  I suppose there are two things to discuss there. The first relates to the decision-making process in terms of the press release. In that, the department follows the regular approval process that we use for all of our public communications projects, in alignment with the requireme

July 20th, 2021Committee meeting

Trevor McGowan