Income Tax Severed Letters - 2020-04-08

Ruling

2020 Ruling 2019-0816991R3 F - Multi-wings split-up net asset butterfly 55(3)(b)

Unedited CRA Tags
55(2), 55(3)b), 55(3.1), 80, 186(4), 191.1, 245(2)

Principales Questions: Whether the proposed transactions meet the requirements of paragraph 55(3)(b).

Position Adoptée: Yes.

Raisons: Based on the Act, CRA publications and taxpayer representations.

Technical Interpretation - External

22 January 2020 External T.I. 2014-0559281E5 F - T5008

Unedited CRA Tags
Section 230 of Regulations, section 49 of ITA.
writing of call option (with deemed nil ACB) is reported as having nil “cost” on T5008
option writer can deduct its expenses from deemed s. 49(1) proceeds
“cost” of call options closed out by writer is nil, not the cost of offsetting call option purchase/cost re short sale is the FMV of the borrowed shares
cost of short sale is FMV of borrowed shares

Principales Questions: 1. Which amount must be included in box 20 (cost) of T5008 in the situations described in questions 2 to 5 (sales of naked options, followed by (i) expiration of option, (ii) exercise of option, (iii) closing out by the acquisition of an offsetting option on the market)? 2. Which amount must be included in box 20 of T5008 when there is a short sale of shares in the situations described in questions 6 (identical shares purchased by the short seller and delivered to the lender in the same taxation year as the short sale) and 7 (transfer of shares by the short seller to the lender is made after the taxation year of the short sale)?

Position Adoptée: 1. Zero or leave box blank. 2. Cost of the shares borrowed.

Raisons: 1. Subsection 49(1), options issued have no cost. 2. Previous CRA positions.