Does anyone have an answer to this 'shareholder advance(Canada)' question?
November 19, 2024
by an intermediary from University of British Columbia - Sauder School of Business in Vancouver, BC, Canada
Context: We have a holdco with multiple shareholders. This holdco was recently set up to acquire other companies. We have one acquisition close to consummation. As a majority shareholder, I am planning to lend money to the holding company to come up with remaining funds for the acquisition. Probably thinking about a 1-2 year interest free loan. I spoke to multiple CPA's but didn't get a clear answer. The questions are as follows:
- Can the loan be interest free or should there be a minimum interest rate per tax laws?
- How long can the term of the loan be?
For the opposite, i.e. corporations giving loan to the shareholder, there are multiple pieces of info available but not the other way round i.e. us giving loan to the corp. Any Canada tax experts who know about this?
from Ivey Business School at Western University in Toronto, ON, Canada
+ Interest-Free Loan: Yes, the loan can be interest-free, but there’s a risk that the CRA might view it as a shareholder benefit if not properly documented. To avoid issues, some recommend charging at least the CRA’s prescribed interest rate (believe it is currently 5%) to demonstrate it’s a bona fide loan.
+ Loan Term: The term can generally be flexible, such as 1-2 years. However, it’s important to document the intent for repayment to avoid scrutiny. If unpaid indefinitely, CRA could reclassify it as a benefit.
+ Documentation: I’d recommend drafting a clear agreement, even for interest-free loans, outlining the loan amount, term, and repayment conditions.
from Carleton University in Calgary, AB, Canada
-If you loan money from yourself personally to the holdco, there is no minimum interest required, nor is there any minimum/maximum term.
-If the holdco loans money to you (or any other shareholder) the rules are completely different. In that case, you need to charge at least the CRA prescribed rate on the loan. And, if the loan is outstanding more than one year, the shareholder will have to record it as personal income (i.e. like a dividend).
Basically, the CRA doesn't want you to be able to take money out of the corp tax free (because they want you paying tax on that "dividend"). But, putting more money into the corp is OK.