This paper discusses tax-related documents and transactions that business lawyers frequently encounter and prepare when working with small businesses. It provides an overview of the relevant tax concepts and identifies common pitfalls to avoid. Topics discussed include dividends, reorganizations, estate freezes, and backdating. Several precedents are also provided, including: resolutions of the sole director/directors, notice of eligible dividends, and sample price adjustment clauses.
This paper is part of a collection presented at LESA’s Advising Small & Family Businesses program in Edmonton on February 6, 2019 and in Calgary on February 13, 2019.