Doron Barkai, Alexander Demner, "Dealing with New Subsection 55(2): Issues and Strategies", 2016 Conference Report (Canadian Tax Foundation), 6:1–56

Possible need for a specific anti-avoidance purpose (p. 6-5)

[C]ertain practitioners have suggested that in the absence of a specific...

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Targeted mischief of scaling back Pt IV tax refund (p. 6:10)

[T]he part IV tax exception no longer applies when, as part of a series of...

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Failure of s. 55(2.3) to explicitly split the deemed dividend into 2 separate dividends (p. 6:12)

[P]aragraph 55(2.3)(a) deems the amount as...

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Risk of CRA calculating safe income where taxpayer has applied s. 55(2) (pp. 6:13-14)

If a taxpayer has not calculated its safe income on hand and...

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Annual cash dividends generally not a series (p. 6:17)

One issue to consider is whether annual dividends may be part of the same series of...

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Avoidance of exclusion if Pt. IV refund not received as part of the series (pp. 6:27-29)

[A]ny dividend paid from Holdco to the shareholder needs...

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Avoidance of s. 55(2) through accessing related party exemption (p. 6:31)

[O]ne strategy to avoid subsection 55(2) is to restructure a dividend...

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PUC-streaming under s. 84(1)(c) (pp. 6:45-46)

…CRA has not made any specific comments regarding the potential application of new section 55 to...

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