AFM462 Lecture Notes - Lecture 7: Fide, Property Income
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27 Dec 2019
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Benefit is not deductible to the corporation if it is solely to a shareholder (not to an employee) as it was not incurred to earn income. Like a dividend without a gross-up and credit. If the benefit is a previously owned asset, then the corporation is deemed to have disposed of the asset at fmv when transferred. Benefit is included in shareholder"s income in year received as property income. Owner-manager capacity: a person operates in his capacity as a shareholder i f he receives a benefit that would not have been received by an ordinary employee. Bona fide transaction: occurs where a shareholder deals with the corporation in the same manner or capacity as a customer or as a supplier. General rule: the principal of a loan made to a non-corporate shareholder or non - arm"s length person is required to be included in income of the borrower in the year in which the loan was made.
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