Principales Questions: (1) Whether an agricultural cooperative corporation, as defined in subsection 135.1(1), that is a private corporation and has an RDTOH balance may be eligible to a dividend refund pursuant to subsection 129(1)? (2) Whether a cooperative that is neither, for the purposes of the Act, an agricultural cooperative corporation nor a cooperative corporation, as respectively defined in subsections 135.1(1) and 136(2), may be eligible to a dividend refund? (3) Whether a cooperative may qualify as an agricultural cooperative corporation or a cooperative corporation if more than 90% of the members are carrying on the business of farming, but only hold 70% of the shares?
Position Adoptée: (1) Yes. (2) No. (3) Question of fact.
Raisons: Based on our interpretation of section 129, 135.1, 136 and the definition of "share" and "corporation" in subsection 248(1), and consistent with our positions in previous technical interpretations.
