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POINTE-DES-CASCADES · E-2 FIELD GUIDE

Does a profitable combined total satisfy the non-marginality question?

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THE DIRECT ANSWER

The whole enterprise's capacity matters; each segment need not be profitable separately. Consolidated profit must nevertheless be reliable and sufficient for the argument presented. Segment reporting helps explain losses, internal subsidies, and projection durability without creating a new legal test for each activity.

Show which line produces the capacity

Other E-2 elements sit beside this one: treaty nationality based on citizenship rather than Canadian residence, at least fifty percent treaty ownership of the enterprise, genuine development and direction by the investor, substantial capital committed and at risk, and a real operating commercial enterprise. Segment reporting mainly serves the last two. In a hypothetical plan, a retail line funding a shrinking service line should be described that way rather than merged.

Present two versions of the same enterprise: the one described by the seller, and the one the buyer can actually staff and fund. Equal shares combined with control rights that favour the partner, or a partner who is not a treaty national when more than half must be, defeat the case. Trace lawful funds into an irrevocable, at-risk commercial commitment, then test whether the real enterprise is nonmarginal and the applicant will develop and direct it.

Assess the actual substantial investment and operating enterprise; there is no universal fixed minimum.