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Consider who you are taking instructions from: your client, your client's professional advisors or both?
In any event, it is good policy to recommend that all clients consult their accountants before settling on and drafting a capital clause and share provisions.
If the share structuring is tax driven, you will probably be receiving instructions from the client's accountant or other tax professional. In either case, ensure that you receive your instructions in writing with sufficient detail to allow you to properly implement the desired share structure.
Unless you are practicing tax law, write to your client at the outset and confirm that you are not responsible for the taxation elements of the proposed share structure and that the client must look to his/her accountant or other tax professional with respect to the tax consequences of the share structure. Furthermore, confirm to your client that you will not be responsible for the preparation and/or filing of any necessary elections under the ITA. Copy the client's accountant or other tax professional on this letter.
Never render a tax opinion or accept responsibility for tax filings unless you are fully qualified to do so. Tax legislation has become so complex that most lawyers not practising full time in the area of taxation are not competent to render a tax opinion or to take responsibility for tax filings.