In order for two corporations to merge their businesses tax free, in Canada, the following conditions must be met before the merger:
- All of the corporations must be Canadian corporations. However, this does not mean that they nessecarily have to be CCPC, they only have to be considered to carry on active business in Canada.
- All assets and liabilities of the old corporation must become assets and liabilities of the new corporation.
- All of the shareholders of the former corporations must become shareholders of the new corporation.
If all three of these conditions are satisfied, the corporations will be eligible to amalgamate (merge) on a tax free basis.
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