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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29799
Experience:  Taxes, Immigration, Labor Relations
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We have just sold our small business. The funds received from

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We have just sold our small business. The funds received from the sale have been paid into the company cheque account. We will now be retiring - can we access these funds without them being charged to shareholders loan account?

The issue in your situation - that your company is a corporation - and as such is a separate entity. While you are shareholders and because of that - you may manage that corporation - still that is a separate entity.

You wrote - "We have just sold our small business" - but to be précised - not you - but your corporation sold business assets - and your corporation received that income.

A company is a separate legal entity and has its own income tax liability. A company pays income tax on its assessable income (profits) at the company tax rate, which is currently 30%.
There is no tax-free threshold for companies. Owners, directors, and office holders declare salary, wages, directors fees and dividends received from the company on their personal tax return and pay tax according to the individual tax rates .


So - you do not own these funds and may not use them for personal purposes regardless that you as shareholders may manage how the corporation uses funds. In order for funds to be transferred to you - they must be distributed from the corporation - and depending on circumstances - they might be your taxable income. Unfortunately - we may not avoid that.

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