Asset Protection and Tax Planning

File the required Notice of Current Board Members and Addresses for Service after each change to the condo board with this free Form 8.

• Each time there is a change in the board members, whether through election, resignation, disqualification or replacement, this form must be filed with the Registrar.
• The form lists each current board member and their address for service.
• The Notice is being filed to comply with Sections 10.1 and 28(5) of the Alberta Condominium Property Act.
• This is a free form in MS Word format.

Make an exchange of land for shares under section 85 of the Income Tax Act (Canada) with this Asset Transfer Agreement.

• The parties are both Canadian corporate entities.
• The seller transfers the land to the buyer. In exchange the buyer assumes the mortgage on the land and issues shares of its capital to the seller.
• The parties agree to jointly file an election under Section 85.
• The Asset Transfer Agreement is part of an asset exchange (rollover) transaction.
• This document complies with Canadian tax laws and is only for use in Canada.

This in-depth article describes a variety of offshore structures available to residents of Canada, for the purpose of asset protection. In particular, opportunities in the Bahamas are discussed.

The article provides a variety of information, including:

• a summary of how each structure is established,
• the purposes, advantages and disadvantages of each type of structure,
• international business corporations,
• settlement trusts,
• international foundations,
• universal life insurance,
• international deferred compensation programs,
• income stabilization plans,
• individual and corporate funding methods.

Establishing an Offshore Structure for Canadians is intended for residents of Canada, and is provided in Adobe PDF format.

Do you want to learn how to manage your cash better? This 9-page info package for Canadians can show you how.

• How to Manage Your Cash to Increase Your Net Worth was developed to help Canadians manage their cash better, improve their personal bottom line and maximize their net worth.
• Topics include:
  • cash management pitfalls and options,
  • creating a household budget,
  • dangers of procrastination,
  • emergency cash planning,
  • debt management,
  • paying yourself.
• Available in PDF format.
• Aimed in Canadian residents and intended for use in Canada.

Exchange assets for common shares with this Nova Scotia Section 85 Asset Rollover Agreement template.

• The transaction is a rollover made pursuant to the Nova Scotia Companies Act and s. 85(1) of the Income Tax Act (Canada).
• The parties to the transaction are a company and a shareholder. The shareholder transfers the assets to the company in return for common shares.
• Section 109(2) of the Companies Act requires the parties to execute a contract in this form prior to the issuance of the common shares.
• This Section 85 Asset Rollover Agreement is a downloadable template in MS Word format.
• Intended for use only in the Province of Nova Scotia, Canada.

Roll over certain investments under Section 85 of the Income Tax Act (Canada) with this Ontario Section 85 Asset Rollover template.

• The vendor sells the investment assets to the purchaser, with part of the purchase price to be paid by way of preference shares in the capital of the purchaser, and the balance secured by a promissory note (included).
• The parties agree to file joint elections under Section 85(1) of the ITA and as required under the Ontario Corporations Tax Act.
• The file includes a Section 116 Affidavit of Residency to be sworn by a corporate officer of the vendor (if applicable).
• This Section 85 Asset Rollover of Investments is provided in MS Word format, and is fully editable to fit your specific circumstances.
• Intended for use only in the Province of Ontario, Canada.

Prepare a Section 85 Asset Rollover Agreement of Land for Preferred Shares with this easy-to-use template for Ontario, under Subsection 85(1) of the Income Tax Act (Canada).

• The vendor sells a parcel of land for fair market value to a holding company in exchange for preferred shares in the holding company (a rollover) with a redemption amount equal to the purchase price of the land.
• The parties agree to file joint elections as required under the Income Tax Act (Canada) and the Ontario Corporations Tax Act.
• The file includes a Section 116 Affidavit of Residency, to be sworn by a corporate officer of the vendor, if applicable.
• Available in MS Word format and fully editable to fit your specific circumstances.
• This is a Canadian legal form for use in the Province of Ontario.

Exchange (roll over) certain assets for preferred shares in an Ontario company with this Section 85 Rollover Agreement (Assets for Preferred Shares).

• The rollover is pursuant to Subsection 85(1) of the Income Tax Act (Canada).
• The vendor shareholder sells the subject shares to a holding company in exchange for preferred shares in the capital stock of the holding company with a redemption amount equal to the purchase price.
• The parties agree to file joint elections under Section 85(1) under the ITA and as required under the Ontario Corporations Tax Act.
• The file includes a Section 116 Affidavit to be sworn by a corporate officer of the vendor, if applicable.
• The Ontario Section 85 Rollover Agreement (Assets for Preferred Shares) is available in MS Word format, and is fully editable to fit your specific circumstances.

Transfer shares under subsection 85(1) of the Income Tax Act (Canada) with this Ontario Section 85 Rollover Corporate Approval & Implementation Forms Package.

The package of forms contains:

• Bill of Sale and Indemnity, including the vendor's indemnity of the purchaser, and representations and warranties with respect to the sale;
• Corporate Resolutions approving and authorizing the transaction;
• Share Transfer Form transferring shares from the vendor to the purchaser;
• Share Subscription from the vendor for new shares being issued by the purchaser as payment for the shares being transferred in the rollover.

This Ontario Section 85 Rollover Corporate Approval & Implementation Package is provided in MS Word format, and the forms are all fully editable to fit your specific circumstances.

Exchange shares for shares with this Ontario Section 85 Share Rollover Agreement for Common Shares.

• The vendor shareholder sells the subject shares to a holding company in exchange for common shares in the capital stock of the holding company, pursuant to Section 85 of the Income Tax Act (Canada).
• The parties agree to file joint elections under Section 85(1) under the ITA and as required under the Ontario Corporations Tax Act.
• The file includes a Section 116 Affidavit to be sworn by a corporate officer of the vendor, if applicable.
• This Section 85 Share Rollover Agreement for Common Shares is intended for use only in the Province of Ontario, Canada.
• Available in MS Word format, fully editable to fit your specific circumstances.

Prepare a Section 86 Share Purchase (Rollover) Agreement with this easy-to-use template for Ontario companies, pursuant to s. 86 of the Income Tax Act (Canada).

• The vendor shareholder sells the subject shares to a holding company in exchange for preference shares in the capital of the holding company.
• The parties agree to file joint elections under Section 86 under the Income Tax Act and as required under the Ontario Corporations Tax Act.
• The file also includes a Section 116 Affidavit Of Residency to be sworn by a corporate officer of the vendor, if applicable.
• Available in MS Word format and fully editable to fit your specific circumstances.
• Intended to be used only in the Province of Ontario, Canada.

Prepare the required corporate resolutions to reorganize an Ontario corporation's share capital with this Section 86 Rollover Resolutions Package.

• These documents are required for a rollover with a fixed redemption amount, under s. 86 of the Income Tax Act (Canada).
• The package contains:
  • Special Resolution with instructions for wording of the Articles of Amendment, fixing the redemption amount on the new preference shares to be created;
  • Share Subscription for the replacement shares;
  • Corporate Resolutions accepting the subscriptions, setting the redemption amount for the new shares and including an undertaking of the directors not to declare dividends if it would reduce the corporation's assets and make it unable to redeem the shares at their full redemption amount;
  • Share Subscription from the new shareholder for the new shares;
  • Corporate Resolutions issuing the new shares.
• Completing the paperwork for an asset exchange is so much easier with this package of documents.
• Available in MS Word format.
• Intended to be used only in the Province of Ontario, Canada.

This package contains the resolutions and corporate forms required for a reorganization of a corporation's share capital through a Section 86 Rollover with no fixed redemption price:

1. Special Resolution with instructions for wording of the Articles of Amendment, with the redemption amount on the new preference shares to be set by the directors at the time of issue;
2. Share Subscription form for the new shares;
3. Corporate Resolutions accepting the subscriptions, limiting the addition to the capital account;
4. Directors' Undertaking not to declare dividends if it would reduce the corporation's assets and make it unable to redeem the shares at their full redemption amount.

The Ontario Section 86 Rollover Resolutions Package (No Fixed Redemption Price) contains all of these documents in one downloadable file. All forms are fully editable to fit your specific circumstances.

Secure the balance payable to the vendor under an asset purchase or rollover agreement with this Promissory Note form for Canadian businesses.

• No interest will accrue on the principal balance prior to default or maturity.
• The full amount outstanding will become due and payable on demand if the purchaser declares bankruptcy, ceases to do business, or otherwise defaults under the terms of the Note.
• The balance may be totally or partially prepaid without bonus or penalty.
• Available in MS Word format.
• Intended to be used only in Canada.

Prepare a Section 85 Rollover Agreement for a share exchange between a corporation and a shareholder with this template form, pursuant to s. 85 of the Income Tax Act (Canada).

• The shareholder sells common shares it holds in the capital stock of the corporation back to the corporation in exchange for new preferred shares, to be issued from Treasury.
• The parties agree to file a joint election for fair market value of the old common shares.
• The purchase price is adjusted to ensure that the redemption amount for the new shares does not exceed any reassessment of the fair market value of the old shares, or vice versa.
• This document package contains:
  • a template Share Purchase Agreement, and
  • a set of corporate resolutions of the directors and shareholders approving and authorizing the rollover.
• The rollover forms package is provided in MS Word format and is fully editable to fit your specific circumstances.
• This legal document is compliant with Canadian tax laws and is intended for use only in Canada.

Transfer oil and gas assets from an individual to a corporation with this Section 85 Rollover / Transfer of Assets Agreement for Canadians.

• The assets are being transferred as a rollover under section 85(l) of the Income Tax Act (Canada).
• The vendor and purchaser will jointly file an election with respect to the transaction.
• In the event of an uncontested re-assessment by Canada Revenue Agency, the aggregate cost amount set out in the reassessment notice will constitute the cost amount of the assets.
• This is a Canadian legal form. Downloadable and fully editable in MS Word format.

Use this Section 85 rollover agreement to transfer real property to a corporation in exchange for shares while avoiding capital gains tax.

• A rollover allows you to transfer the asset under Section 85 of the Income Tax Act (Canada) without attracting capital gains tax on the transaction.
• In exchange for the land, the corporation purchasing the land issues shares to the vendor in an amount equal to the fair market value of the land.
• The purchaser and vendor agree to jointly file an election under subsection 85(1) of the Income Tax Act.
• A section 85 rollover agreement gives you a means to preserve your assets and reduce your tax liability.
• This document is governed by Canadian tax laws and is intended for use in Canada only.

Use this easy package of downloadable forms to facilitate a Section 86 asset rollover as part of a corporate reorganization of a Canadian company.

This package contains the following documents in Microsoft Word format:

1. Share Exchange Agreement pursuant to Section 86 of the Income Tax Act (Canada).
2. Form of Subscription for the new shares being issued in exchange for the existing shares.
3. Corporate resolutions to authorize the transaction.
4. Schedule to Articles of Amendment setting out the terms and conditions to be attached to the classes of shares.

This Section 86 Rollover Agreement for Shares is pursuant to Canadian tax laws and is intended for use solely within Canada.

Learn about the various trust structures available to Canadians, and their tax benefits to the individual or business.

• This guide contains information on:
  • family trusts (bearer, inter vivo or "living" trusts and testamentary),
  • real estate investment trusts (REITs),
  • royalty trusts,
  • income trusts.
• The guide contains information relevant to Canadian residents and is available in Adobe PDF format.