5 September 1990 Internal T.I. 901157 F - Definition of Investment Property and Designated Corporation

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

Subject:  24(1) Regulation 2405(3) - Definition of  "Investment Property" and "Designated Corporation"

This is in response to your memorandum of June 12, 1990 concerning the above reference taxpayer and, more specifically, 24(1) "investment property", as that term is defined in subsection 2405(3) of the Income Tax Regulations (the "Regulations"), for the purposes of determining the "Canadian Investment Fund" of the taxpayer for the 1986 and 1987 taxation years pursuant to Regulation 2400.

Briefly, the facts, as we understand them, can be summarized as follows.

24(1)

The Kitchener District Office disagrees with this interpretation of the term "investment property"  24(1)

Paragraph (d) of the definition of "investment property" in Regulatory 2405(3) includes, inter alia, property of an insurer that is

     "(i) a share of ... a designated corporation other than a corporation that carries on a business of insurance ... or offering its services to the public as a trustee ...

     if

     (iv) the aggregate value of all investment property of the corporation ... is not less than 75 per cent of the aggregate value for the year of all its property ... 

     assuming that for the purposes of subparagraph (iv) ... that ... this definition applies to a corporation ... as  though the corporation ... were an insurer."

The taxpayer contends that, when the asset test contained within subparagraph (d)(iv) is performed, it is necessary to review the 24(1)  We agree with this interpretation as only corporations which are insurers own, by definition, "investment property" and if it were not for the assumption that the "designated corporation" is an insurer, subparagraph (d)(iv) and (d)(v) would be redundant as a "designated corporation" which is, in fact, an insurer has been eliminated from the definition by virtue of subparagraph (d)(i).  Accordingly, subparagraph (d)(iv) and (v) can only be in respect of "designated corporation" other than those listed in subparagraph (d)(i). 24(1)

We disagree with this view.  24(1)

24(1)

We trust our comments are of assistance to you.

Chief Financial Institutions SectionFinancial Industries Division