Subsection 85 - Canadian Content - Please advise - Thank you!


J

John Doe

I have a client who is a trucker and was operating as a sole proprietor from
Jan - Feb 07. On March 1 2007 he incorporated his company carrying on the
same business of trucking - hauling dirt from construction sites. On
incorporation, he continued to use the same old trucks and did not make any
letter of sale but registered the trucks in his new company's name. On the
T1 personal tax return I have used the disposal value as the UCC at the end
of Feb 07. I have to figure out if I have done the right thing on receving
advise from anyone reading this and has good knowledge on Canadian Corporate
Tax.

1- Does my client need to file T2057? Does he need to make any election
under Subsection 85? if yes, can I just use the dispostion value as the UCC
at end of Feb 07? or my client needs to go throught he process of getting
the fair market value and all that stuff. Would there be any legal CRA
implications on not doing the Subsection 85 election? Do I need to involve a
lawyer in doing Subsection 85?

OR - Could I just Debit Assets and Credit Shareholder account in the books
of the new company for the value of UCC at Feb 07? Would this be advisable?
Thanks

The equipment in question is just 2 trucks and 2 trailers which are old
models and more than one year old.

Your assistanc and advise would be greatly appreciated.

Joe Abbott
 
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