Edward Miller, Matias Milet, "Derivative Forward Agreements and Synthetic Disposition Arrangements", 2013 Conference Report, (Canadian Tax Foundation), pp 10:1-50

Summary Under
Tax Topics - Income Tax Act - Section 126 - Subsection 126(4.5)
Overview of s. 126(4.5) (pp. 10:41-42)

[S]ubsection 126(4.5) affects a taxpayer's holding period for purposes of applying...subsection 126(4.2), a...

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Summary Under
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Derivative Forward Agreement

Targeted mutual fund forward sale agreements (p. 10:2)

Many mutual funds (both mutual fund trusts and mutual fund corporations…) used forward...

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Summary Under
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Synthetic disposition arrangement

Similar U.S. constructive sale proposal (p. 10:26)

Even if one were to decide that 90 percent is generally an appropriate threshold in statutory...

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Summary Under
Tax Topics - Income Tax Act - Section 80.6 - Subsection 80.6(2) - Paragraph 80.6(2)(c)
Legal form prevails for leases (p. 28)

[P]ursuant to paragraph 80.6(2)(c), subsection 80.6(1) will not apply if the SDA in question is a lease of...

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Summary Under
Tax Topics - Income Tax Act - Section 80.6 - Subsection 80.6(2) - Paragraph 80.6(2)(e)
Example of over-one year SDA with disposition within one year (p. 10:38)

[W]here an "American-style" option (an option that can be exercised at...

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