Formation of Corporations and Capital

To purchase stocks of capital, the procedure of forming a company is dependent on the possibility of shareholders transferring funds or assets. SS351 states that the transferors (i.e. potential shareholders) don’t have the power to profit or lose out from this type of arrangement.

A History of Taxation Essential Requirements

In order to ensure that SS351 effective to be effective. Those who own the asset have to jointly manage the business on the time of exchange. Transferors receive only stocks, and losses or gains are not considered. Transferors may also receive other assets however, only the gains instead of the losses is recognized.

Notice the amount of or fair market value for any asset granted an individual beneficiary. Which includes cash or securities belonging to the company is tax-exempt (SS351(b),(1)).


The company is not able to make or lose any money through any exchange of money or shares for property or it (including securities owned in Treasury). Treasury). Because the sale or purchase of an option (SS1032) is not a way to grant the company the right to make or lose money.


It is unclear what “property” means in relation to the objectives of the SS351 code. The Code does not provide a specific description of “property”, but it is a valid term to use in this sense. In the Code along with its regulation have established certain things which are not property formation of corporations.

Only The Source For Services

Stocks and securities offered to exchange (past or present and in the coming years). So can’t have used for the purchase of real property. A exchange of service to an firm as a result of a swap for shares in tax-deductible income for those who performed the exchange (SS351(1)(d); William S. James 53 TC 63(1959) A.C. ).