Reversing position, CRA recognizes that an MRPS redemption premium was proceeds rather than dividend
15 October 2014 - 9:44am
Luxembourg accommodates the issuance of mandatory redeemable preferred shares ("MRPS"), which are treated as debt for Luxembourg interest-deduction purposes but are shares under Luxembourg corporate law. In 2012-0439741I7, CRA indicated that the premium received on a MRPS redemption was a dividend to the Canadian holder on ordinary principles (i.e., even before applying s. 90(2)).
CRA has now reversed this position (and removed this internal interpretation from its database), stating: "In the absence of an election under subsection 93(1)… redemption proceeds are treated as proceeds of disposition."
Neal Armstrong. Summary of 25 August 2014 T.I. 2014-0528361E5 under s. 90(1).