Estate freeze
An estate freeze is a tax planning technique where a business owner exchanges their common shares for fixed-value preferred shares, then new common shares, which will capture future growth, are issued to children or a family trust. The owner’s tax exposure on the business is effectively locked in at today’s value.
As a business grows in value, so does the tax that will eventually be triggered when its owner sells, dies, or otherwise disposes of the shares. An estate freeze is a way to stop that growth from continuing to build up in the founder’s hands, so it does not all land on one person’s estate at once.
How it generally works
- The owner exchanges their common shares for preferred shares fixed at today’s value
- New common shares, which will absorb all future growth, are issued to children or a family trust
- The owner can often keep control through voting rights attached to the preferred shares, even without owning the growth shares
Why owners consider it
A freeze can shift future tax liability onto the next generation of owners at a lower cost than waiting and transferring the business later at a much higher value. It is also a common step before bringing children into ownership gradually, ahead of a full succession. It requires careful valuation and paperwork to hold up if reviewed later.
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Treadstone LawLegal commentaryTax Law
- 02Treadstone LawLegal commentaryExit Options for Ontario Business Owners Compared
- 03Canadian Federation of Independent BusinessResearch dataSuccession Tsunami: Preparing for a decade of small business transitions
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