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Avoidance of pro rata recognition of FAPI where s. 95(12) election (p. 1226) The … section 95(10) ITA … rule simply wipes out the avoidance of attribution and — using the rules in sections 91(1) and 95(1) ITA and section 5904 of the ITR — attributes FAPI in proportion to the overall dividend entitlement in the deemed CFA. ... Then, the rules attribute the FAPI of that deemed separate corporation to the relevant shareholders if — applying the rules in section 93.2 ITA — that separate corporation is a CFA of the electing party…. ... If Canco elects the proposed section 95(11) and 95(12) ITA regime – which treats Cell A as a separate corporation entirely owned by Canco – Canco’s participating percentage is 100 percent and its section 91(1) ITA attribution will be 100 percent of $2,000. ...

Her TFSA now has an FMV of $16,500 ($10,000 + $5,000 contribution + $6,500- $5,000) and her RRSP now has an FMV of $148,500 ($150,000 – $6,500 + $5,000). ...

Brian Kearl, Carl Deeprose, "Leaving Canada's New High Tax Rate Regime: Considerations, Tips and Traps", 2016 Conference Report (Canadian Tax Foundation),32:1-24-- summary under Paragraph 128.1(1)(d) Summary Under Tax Topics- Income Tax Act- Section 128.1- Subsection 128.1(1)- Paragraph 128.1(1)(d) General effect of the s. 128.1(1)(d)(iii) limitation (p. 32:13) [T]he emigrating individual may elect to expand the application of the deemed disposition provisions … to … Canadian real estate, Canadian resource property, Canadian timber resource property and certain property used to carry on a business in Canada.... This... is generally used to realize latent losses that may offset departure tax gains. … Effectively, any losses realized on the deemed disposition of this property may be claimed and offset only against departure tax gains. ...

Kandev, "Foreign Affiliate Issues in Troubled Times", International Tax (Wolters Kluwer CCH), No. 112, June 2020, p. 1-- summary under Subsection 248(27) Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(27) Potential application of s. 248(27) to debt put to two uses (p. 3) [R]espect[ing] debt partly used for the purposes of earning FAPI and partly used for the purposes of earning active business income … [2002-0165195] … took the position that the whole amount of such debt would constitute a "commercial debt obligation" …. ...

Morphy, "The Modern Approach to Statutory Interpretation, Applied to the Section 15 Anomaly in Foreign Affiliate Financing", Canadian Tax Journal, (2013) 61:2, 367-85:-- summary under Subsection 15(2.3) Summary Under Tax Topics- Income Tax Act- Section 15- Subsection 15(2.3) Example 1 – loan to direct foreign sub (pp. 369-370) In example 1, a Canadian parent ("Canco") makes an interest-free loan ("the loan") to a wholly owned foreign subsidiary ("Forco"), which uses the loan for the purpose of earning income from an active business. ... Example 2 – loan to foreign holding company for Opco (pp. 370-371) Should the result change for the arrangement depicted in example 2, where Forco holds all of the shares of another active or inactive foreign subsidiary ("Subco") but still carries on an active business in respect of which the loan proceeds are used? ...

Second, the application of subsection 100(1) is one-sided – it provides no depreciable step-up to the partnership in the hands of the purchaser. ... There is no necessary corollary between this amount and the underlying income gains; … The Amendments … do nothing to address the inconsistent application of the provision noted above. Turning to the series of transactions language in the amended version, they stated (at p. 2128): … A taxpayer that disposes of a partnership interest to an entity other than a Prohibited Acquirer – a taxable Canadian corporation, for example – may be concerned that subsection 100(1) will ultimately apply to it if the corporation sells the interest to a Prohibited Acquirer within a relatively short time frame. ...