Ch. 34 - Stakeholder Relationships (Associated, Affiliated and Connected) Flashcards
Which requires the SBD be shared
Associated companies share the business limit
De jure control - meaning
means owning 50% or more of the outstanding shares
Indirect control - how it happens
through controlling a company that controls another company
Shares owned by a minor child
each parent is deemed to own the shares of the corporation owned by a minor child
Related to itself, himself or herself
a person who owns shares in more than one corporation is deemed to be related to itself, himself or herself
Options or rights
a person who owns options is deemed to be in the same position as if the options had been exercised
Basic Association Rules (a)
a corporation is associated with another, if one of the corporations controlled, directly or indirectly, the other
Basic Association Rules (b)
two corporations are associated if they are controlled by the same person or group of persons
Basic Association Rules (c)
two corporations are associated if:
- they are controlled by a person, and
- the person was related to the person who controlled the other, and
- either of those persons owned more than 25% of the other corp
Basic Association Rules (d)
two corporations are associated if:
- one corporation was controlled by a person, and
- that person was related to each member of a group of persons that controlled the other corporation, and
- that person owned 25% or more of the other company
Basic Association Rules (e)
two corporations are associated if:
- each of the corporations was controlled by a related group, and
- each of the members of one of the related groups was related to all of the members of the other related group, and
- one or more persons who were members of both related groups owned 25% or more of the outstanding shares of the other corp
Affiliated persons - to individuals
- spouse or common-law partner
2. corporation the individual controls
Affiliated persons - co corporations
- an individual who controls the corporation
- another corporation that controls the corporation
- a partnership or trust that controls the corporation
- each member of an affiliated group that controls the corporation
- the spouse of an individual that controls the corporation
- the spouse of a member of an affiliated group that controls the corporation
Affiliated persons - Capital loss
- individual - losses are denied as a superficial loss and is added to the cost base of the property
- Others - loss is denied and retained by the transferor until the transferee sells the asset
Affiliated persons - terminal loss
- individual - same as others (below)
- Others - loss is added to a new CCA class for transferor and claims CCA. Transferee adds FV of the asset to the CCA class