Glossary -> Arm's Length / Non-Arm's Length
Arm's Length / Non-Arm's Length
Income Tax Act s. 251(1), s. 251(2)
Two people, or entities, are said to be dealing at arm's length with each other if they are independent, and one does not have undue influence over the other. However, the Income Tax Act deems some people NOT to be at arm's length with each other (non-arm's length).
Related persons are deemed not to deal with each other at arm's length. Related persons are "individuals connected by blood relationship, marriage or common-law partnership or adoption". Blood relationships do not normally include aunts, uncles, nieces, nephews, or cousins for purposes of the Income Tax Act.
"Related persons" also include a
Two corporations can also be "related
Generally, a corporation is controlled by a person or a related group if the person or related group owns enough shares to have the majority of the votes in the election of the board of directors. However, there are many situations where there is "deemed" control.
Tax Tip: If you have multiple corporations, get professional advice on related and associated corporations!
Canada Revenue Agency (CRA) Resources
Revised: July 27, 2021
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