Tax implications of various business transactions
The following are examples of business transactions that could pose tax implications for your business:
Incorporation
Incorporation is a legal process that sets up a corporation as a legal entity separate from its business owners.
There are numerous tax advantages available to corporations such as:
- A corporate tax rate that is lower than the personal income tax rate
- Tax deductions
- Deferred taxes
- Save capital gains
- Income splitting
Our transactional lawyers can help you maximize the tax benefits, lower effective tax rates or otherwise achieve your tax specific goals when incorporating your business.
Mergers
Mergers are business transactions in which separate existing companies are consolidated into one company. Mergers are one of the most complex areas of taxation
because the tax implications of mergers depend on a multitude of factors. These factors include the sector of the company, whether or not both companies are Canadian, the application of capital
and non-capital losses, and many more.
Our transactional attorneys can help you navigate the legal matters surrounding your merger and advise you on the tax implications of the factors specific to the acquisition of your business.
Succession planning
Succession planning is the process of preparing experienced and capable employees to replace leaders when they leave, retire, or die. Deciding who will take
over your business has numerous tax implications, especially when it involves a sale. This is why succession planning and tax planning tend to go hand in hand.
It’s important to consider the tax implications of your succession plans before committing to a specific plan because each structure has long term tax implications. While certain structures result
in capital gains, others result in dividend rates, and, in some circumstances, regular income may be fully taxed.
Consulting a transactional attorney on legal matters such as succession planning will help you mitigate taxation risk and legal issues. Your lawyers will help you design the most advantageous
structure to yield optimal results.
Selling a business
In Canada, you can either sell a business through the sale of shares, the sale of assets, or a hybrid sale of shares and assets. Each option comes with a number of tax implications that need
to be carefully considered before moving forward with the sale.
At Navigator Law, we understand that those looking to sell their business want to enjoy as much of their hard-earned money as possible. Our transactional lawyers will help you choose the best
option and develop a concrete sale agreement to minimize your taxes, maximize your income from the sale, and avoid legal issues.