CRA acknowledges that Cameco may limit the use of s. 247(2)(d) recharacterization – and that s. 247(2)(c) must take into account the parties’ relationship

Regarding the CRA response to the TCC and FCA decisions in Cameco , CRA stated “that these decisions may limit situations where the re-characterization provision in paragraphs 247(2)(b) and (d) could be applied … [h]owever, the CRA will continue to consider the application of the re-characterization provision where appropriate.”

CRA further stated:

The CRA will continue to administer … 247(2)(a) and (c) in a manner consistent with the guidance … [in] General Electric [para. 54]:

“…The task in any given case is to ascertain the price that would have been paid in the same circumstances if the parties had been dealing at arm’s length. This involves taking into account all the circumstances which bear on the price whether they arise from the relationship or otherwise.”

CRA also noted the consultation process that commenced with the 2021 Budget.

Neal Armstrong. Summary of 5 May 2021 IFA Roundtable, Q.4 under s. 247(2)(a).