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Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114-- summary under Paragraph (c) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(1)- Excluded Property- Paragraph (c) Initial concern re s. 95(1) – EP – para. (c) that property of the partnership could not qualify (pp. 20:56-59) When the EP definition was first proposed in 1982, the draft provision raised concerns that property of the partnership could not qualify as property of the FA. … The tax community expressed a concern that where an FA has an interest in a partnership that carries on an active business, the partnership interest of the FA could qualify as EP, but partnership property used for the purpose of gaining or producing income from an active business could not so qualify … [so] that where a partnership of which a foreign affiliate is a member disposes of capital property used principally for the purpose of gaining or producing income from an active business, the property does not qualify as excluded property …. … Although the current definition continues to refer to property “of the” FA, it has been accepted that the partnership postamble resolves the concern that arises where partnership property has been disposed of. ...

Carrie Aiken, Johnson Tai, "Debt Restructuring Transactions – Issues, Strategies and Trends", 2016 CTF Annual Conference draft paper-- summary under Paragraph 80(2)(k) Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(2)- Paragraph 80(2)(k) Facts of conversion of DIP financing and USD bonds to equity (pp. 7-8) Canco has US$1 billion of bonds (the " Bonds ") payable to unrelated parties (the " Bondholders ")… [who] do not constitute a "group of persons"…. ... An unrelated Canadian corporation (" Buyer ") proposes to provide US$200 million of debtor-in-possession (" DIP ") financing. … Buyer anticipates that after Canco emerges from CCAA, Buyer will own approximately 67% of the shares of Canco (with a fair market value of US$200 million) as a result of Buyer receiving shares of Canco in complete settlement of the DIP financing, and the Bondholders will receive shares of Canco representing 33% of the issued and outstanding Canco shares (with a fair market value of US$100 million) in complete settlement of the Bonds. ... Making an election for subsection 256(9) not to apply in this "same day" situation would reverse the sequence of events so that the Bond settlement occurs before the DIP financing (and resulting LRE). … Comparison of two sequences (pp. 10-11) The CAD$270 million difference is attributable to different foreign currency capital loss amounts – a CAD$300 million foreign currency capital loss under the DIP financing settlement – bond settlement sequencing, versus a CAD$30 million foreign currency capital loss under the Bond settlement – DIP financing settlement sequencing. ...

Hersh Joshi, Jack Silverson, "Understanding and Doing Business with Tax-Exempt Entities", 2018 Conference Report (Canadian Tax Foundation), 29:1 – 35-- summary under Clause 149(1)(o.2)(ii)(A) Summary Under Tax Topics- Income Tax Act- Section 149- Subsection 149(1)- Paragraph 149(1)(o.2)- Subparagraph 149(1)(o.2)(ii)- Clause 149(1)(o.2)(ii)(A) Issues where co-investing in real estate (pp. 29:18-19) [A] pension plan may want to co-invest…[and] might establish a real estate corporation…. … If the real estate corporation performs any activities in relation to the real estate property, a concern may arise as to whether the real estate corporation has satisfied the requirement of subclause 149(1)(o.2)(ii)(A)(I), given that it would be performing activities on a real estate property part of which is not owned by the corporation, by another real estate corporation, or by a registered pension plan. … [Subsequently to … 9401608, CRA] stated that it had re-examined its position and was now of the view that a co-ownership situation would not jeopardize a real estate corporation’s tax status. Further, the CRA provided that the activities carried on by the real estate corporation in relation to the co-owned property should be proportionate to the interests held by “qualified” entities under subclause 149(1)(o.2)(ii)(A)(I) (that is, by the real estate corporation, by another real estate corporation, or by a registered pension plan) …. … Pension plans looking to co-invest in real estate property may want to avoid these issues by using a structure…. ...