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| *The Commerce Journal>>>Canada Taxes |
Can I place assets in my spouse's name to avoid Canada Revenue's callous hand? |
Can I place assets in my spouse's name to avoid Canada Revenue's callous hand? Assets can be placed in anyone's hands, but a little more information is needed to answer your question. in most cases you cannot transfer assets to defer taxes. CRA works very hard at closing all those loop holes. Your best bet would be to work with an experienced tax professional (and make sure you ask for one) If you are in a situation where you already owe, or will owe taxes for this year, and you transfer an asset to your spouse without receiving FMV for it, CRA will just raise an assessment against your spouse and collect the debt from them. You can't pretend to receive FMV, either - they will check into whether the supposed consideration is a sham or is legitimate. Your spouse will definitely not thank you for putting them into such a situation. Subsection 160(1) of the ITA and subsection 325(1) of the ETA apply to these transers. |
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