Accommodation party

The Federal Court of Appeal has affirmed the Tax Court’s finding that an employee-controlled buyco acted as an “accommodation party” that allowed a key shareholder to use the capital gain exemption to strip out corporate surplus. As a result, section 84.1 applied to the sale instead. Turgeon v R, 2017 CAF 103, aff’g Poulin v R, 2016 TCC 154.