Published | Category : Mandatory disclosure
Fight Against Aggressive Tax Planning: Mandatory Disclosure for a New Transaction Determined by the Minister
Any taxpayer (or taxpayer who is a member of a partnership) who carries out a specified transaction whose form and substance of the facts specific to the taxpayer or partnership are significantly similar to the form and substance of the facts of a transaction determined by the Minister and published in the Gazette officielle du Québec must disclose the transaction. The disclosure is made on form TP-1079.OD-V, Mandatory Disclosure of a Specified Transaction or Preventive Disclosure.
An adviser or promoter who commercializes or promotes a transaction determined by the Minister and published in the Gazette officielle du Québec must also disclose the transaction. The disclosure is made on form TP-1079.CP-V, Mandatory Disclosure of Tax Planning by an Adviser or Promoter.
On May 29, 2024, a fifth transaction was determined and added to the transactions already published in the Gazette officielle du Québec:
Avoidance of deemed interest rule under section 462.12 of the Act through a stock dividend
In brief, the new determined transaction targets planning strategies used to get around the deemed interest rule set out in section 462.12 of the Taxation Act by an estate freeze through the payment of a dividend in preferred shares with a high redemption value and a low issued and paid-up capital stock.
For a list of determined transactions and the deadline for making a mandatory disclosure, or for more information, see Determined Transactions.