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Legislative Status: Proposed Measure (Federal Budget 2026 — Tabled Nov 5, 2026) Last Verified:

Canada Growth Incentive vs. LCGE family-trust multiplication

No. Budget 2026 excludes trusts from the Canada Growth Incentive, and qualifying shares must be issued to and owned directly by an individual who was 18 or older when they acquired them (or by a partnership). A four-beneficiary family trust can still multiply the 2026 LCGE to $5,100,000. One founder’s CGI covers $15,000,000, and a founder and spouse who each subscribe can cover $30,000,000.

Who can and can’t claim the CGI

The Budget 2026 annex defines a qualifying individual narrowly:

The share itself must be “issued by a qualifying corporation to the qualifying individual (or a partnership of which the qualifying individual is a member) and owned directly by the qualifying individual or by the partnership.” If a partnership acquires the share, the individual must already be a member and at least 18 at that time.

Who can hold qualifying shares — LCGE vs. proposed CGI
Holder LCGE (s. 110.6) Proposed CGI
Individual, directYesYes (18+ at acquisition, resident all year)
Discretionary family trustYes, via beneficiaries’ claimsNo — trusts excluded
Beneficiary receiving shares out of a trustYes, if QSBC tests metAppears not — share not issued to the individual
Holding companyNo (holdco is not an individual)Appears not — must be owned directly
Partnership of individualsNot covered in this guideYes, if the individual was a member and 18+ when it acquired the share
Minor childGains on non-arm’s-length sales generally deemed dividends (s. 120.4(4))No — must be 18+ when the share is acquired
Our reading, not the government’s: The annex does not mention holding companies or shares distributed out of trusts by name. Our “appears not” entries follow from its requirements that a qualifying share be issued to the individual and owned directly. Draft legislation is the final word.

Break-even table: one founder vs. trust vs. founder + spouse

The three structures, each selling 100% of a qualifying Ontario company with nominal cost base:

Total exit-year tax (regular capital-gains tax + federal and Ontario AMT), no other income
Total exit gain One founder, CGI Trust, 4 × LCGE Founder + spouse, CGI
$2M $105,503
exempt $2M
$0
exempt $2M
$57,712
exempt $2M
$5.1M $343,110
exempt $5.1M
$199,735
exempt $5.1M
$295,319
exempt $5.1M
$8M $565,388
exempt $8M
$1,260,575
exempt $5.1M
$517,596
exempt $8M
$15M $1,101,920
exempt $15M
$3,483,089
exempt $5.1M
$1,054,128
exempt $15M
$30M $5,899,471
exempt $15M
$8,245,619
exempt $5.1M
$2,203,840
exempt $30M

Lowest figure in each row shown in green. Ontario 2026 rates; each person has no other income in the exit year. Unsheltered gains are taxed at the top combined rate × 50%, which slightly overstates the trust column once beneficiaries pass their LCGE. All QSBC and CGI tests are assumed met, and trust-level costs (fees, the 21-year rule) are ignored.

The pattern: below about $5,467,000, the four-beneficiary trust has the lowest bill even though its shelter is smaller. Above that, the single founder’s $15M CGI wins. Founder + spouse beats the trust above about $5,334,000 and is the clear winner at every larger exit. At $30M it owes $2,203,840, against $5,899,471 for one founder and $8,245,619 for the trust.

Why the trust wins on smaller exits: AMT exemptions multiply

LCGE-exempt and CGI-exempt gains are treated the same way for the Alternative Minimum Tax: 30% enters the AMT base. The difference is how many people share the gain. Each beneficiary has a separate $181,440 AMT exemption, so splitting the gain four ways keeps far more of it below the AMT threshold.

Each beneficiary: 30% × $1,275,000 LCGE gain = $382,500 Less own 2026 AMT exemption = $382,500 − $181,440 = $201,060 Federal minimum amount = 20.5% × $201,060 − 50% BPA credit = $40,066 Federal AMT payable (no other income, regular tax $0) = $40,066 Ontario additional AMT (24.63%) = $9,868 Four beneficiaries, total = $199,735 One founder, CGI on $5,100,000: 30% × $5,100,000 = $1,530,000 Less one AMT exemption: $1,530,000 − $181,440 = $1,348,560 Federal AMT payable = $275,303 Ontario additional AMT (24.63%) = $67,807 Total = $343,110

This is a real trade-off, not a reason to prefer a trust in general. A trust structure cannot be put in place after the fact for new CGI shares. It carries ongoing costs and the 21-year deemed disposition. On any exit meaningfully above $5.1M its shelter runs out, while the CGI keeps going to $15M per person. See our AMT guide for how much of this AMT the 7-year carryforward can recover.

Trust LCGE vs. direct CGI Regular tax + AMT · 2026
One founder, CGI
$1,101,920
Exempt up to $15M
Trust, LCGE
$3,483,089
4 × $1,275,000
Direct CGI, split
$1,054,128
2 × up to $15M

Family subscriptions: attribution, TOSI and the 21-year rule

Spouses: use the spouse’s own money

A spouse or common-law partner who subscribes for qualifying shares has a separate $15M limit. If the founder provides the cash, as a gift or an interest-free or low-interest loan, s. 74.2 generally attributes the capital gain on those shares back to the founder. The long-standing exception for loans at the CRA prescribed rate, with interest actually paid each year (s. 74.5(2)), may help. Either way, the spouse’s subscription should be documented as funded with their own money.

Open question: If a spouse’s gain is attributed to the founder under s. 74.2, the annex does not say whose CGI limit applies, or whether either one does.

Adult children

Children who are 18 or older when they subscribe can be qualifying individuals with their own $15M limit. Capital gains attribution under s. 74.2 applies to spouses, not adult children. The real constraints for adult children are economic and practical: they need their own cash to subscribe, and the shares are genuinely theirs.

TOSI (s. 120.4)

The tax on split income can apply the top rate to certain amounts family members receive from a private business. Under existing law, taxable capital gains on qualified small business corporation shares are an “excluded amount” for adults, which is why trust LCGE planning survived the 2018 TOSI changes.

Open question: The annex does not mention TOSI. Whether gains on CGI shares that do not also meet the QSBC tests could be split income for family members is something the draft legislation will need to settle.

The 21-year rule

Trusts are deemed to dispose of their capital property every 21 years (s. 104(4)). That matters for an existing LCGE trust. It does not affect CGI shares, which a trust cannot hold for CGI purposes in the first place.

Combining a trust (old shares) with direct CGI shares

Many founders already have a family trust holding pre-Budget shares (see our pre-Budget shares guide). One possible pattern: keep the trust’s existing shares for the LCGE, while new shares issued after November 5, 2026 are subscribed directly for cash by the founder and spouse.

Open question: The annex says a CGI claim on shares of a corporation “would limit” the same individual’s LCGE on shares of that corporation, and vice versa. A founder who is both a trust beneficiary (claiming the LCGE on an allocated gain) and a direct CGI holder of the same company is squarely within that rule. Beneficiaries who hold no CGI shares appear unaffected. How much “limit” means is not yet defined.

Questions to raise with your own advisor

Frequently asked questions

Can shares distributed out of a family trust qualify for the CGI?
It appears not. The Budget annex requires a qualifying share to be issued by the corporation to the qualifying individual (or a partnership the individual belongs to) and owned directly by that individual or partnership. A share that a trust distributes to a beneficiary was issued to the trust, not to the beneficiary. Draft legislation has not yet addressed this, but the annex wording leaves little room for trust-held shares.
Can my spouse claim a separate $15M CGI on shares of the same company?
Yes, in principle. The $15 million limit applies “separately to each qualifying individual in respect of each business,” so a spouse who is 18 or older, Canadian-resident, and subscribes for qualifying shares directly has a separate limit. The spouse should use their own money. If the founder gifts the cash or lends it without interest, s. 74.2 generally attributes the capital gain back to the founder, and the annex does not say how attributed gains interact with the CGI.
Can a holding company own CGI shares on my behalf?
It appears not. The annex requires qualifying shares to be “owned directly by the qualifying individual or by the partnership.” A holdco is neither. That is our reading of the annex text; draft legislation could add rules, but nothing in the Budget papers suggests a holdco route.
Why can a family trust beat the CGI on a smaller exit?
Because of the Alternative Minimum Tax. LCGE and CGI gains both enter the AMT base at 30%, but each beneficiary gets their own $181,440 AMT exemption. Four beneficiaries splitting a $5,100,000 gain owe about $199,735 of exit-year AMT in Ontario, compared with about $343,110 for one founder claiming the CGI on the same gain. Above roughly $5,467,000, the CGI’s larger limit wins.

Statutory & official source references

Budget 2026 measures are proposals until enacted by Parliament; details may change when draft legislation is released. See our editorial methodology and the legislative tracker.

Model a multi-holder exit in the CGI + AMT calculator Get Draft Legislation Alerts