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7 February 2018 External T.I. 2016-0637221E5- Rollover of Mineral Rights-- summary under Canadian development expense Summary Under Tax Topics- Income Tax Act- Section 66.2- Subsection 66.2(5)- Canadian development expense cost of property added to CCDE or COGPE The Taxpayer, which is not in the business of exploration and development of mineral properties, wishes to transfer the Property (which may consist of subsurface rights to explore for qualifying mineral or hydrocarbon resources) on a tax deferred basis to a taxable Canadian corporation in consideration for shares. ...

7 February 2018 External T.I. 2016-0637221E5- Rollover of Mineral Rights-- summary under Paragraph 85(1)(a) Summary Under Tax Topics- Income Tax Act- Section 85- Subsection 85(1)- Paragraph 85(1)(a) nil amount can be elected The Taxpayer, which is not in the business of exploration and development of mineral properties, wishes to transfer the Property (which may consist of subsurface rights to explore for qualifying mineral or hydrocarbon resources) on a tax deferred basis to a taxable Canadian corporation in consideration for shares. ...

In finding that no such deduction was permitted, CRA stated: Generally, a plan will be considered to be a pension plan where contributions have been made to the plan by or on behalf of an employer or former employer of an employee in consideration for services rendered by the employee and the contributions are used to provide an annuity or other periodic payment on or after the employee's retirement. … [A] plan will not be a pension plan where the only payment provided for under the terms of the plan is a single lump sum payable on retirement or loss of employment. … [A] plan that is excluded from being a salary deferral arrangement (“SDA”) by virtue of the special exception for professional athletes in paragraph (j) of the SDA definition in subsection 248(1) [also] will not be a pension plan, regardless of the form of benefits provided. ...

In this regard, the cost of a property acquired by a corporation issuing shares as consideration for the acquisition of the property is equal to the amount credited to the stated capital of such shares. ...

7 August 1996 External T.I. 9605735- MEANING OF "DIRECTLY OR INDIRECTLY" IN 95(2)(A)-- summary under Clause 95(2)(a)(ii)(B) Summary Under Tax Topics- Income Tax Act- Section 95- Subsection 95(2)- Paragraph 95(2)(a)- Subparagraph 95(2)(a)(ii)- Clause 95(2)(a)(ii)(B) After being referred to an arrangement under which a foreign affiliate ("Forco"), which has made a loan to a related foreign subsidiary ("Xco"), assigns the loan to a foreign bank in consideration for a cash deposit that it maintains at the bank, and the bank lends an equivalent amount to Xco, RC stated: "In our view, in order to meet the words 'the income is derived from amounts that were paid or payable, directly or indirectly' in subparagraph 95(2)(a)(ii) of the Act, the amounts in question would have to be able to be directly traced. ...

A would have disposed of property for consideration equal to the decrease in the FMV of the common shares he held, pursuant to paragraph 69(1)(b),” CCRA further indicated that a price adjustment clause pursuant to the terms of the preferred shares pursuant to which their redemption value would be adjusted upwards pursuant to a board resolution to reflect the higher FMV was “not a type of price adjustment clause contemplated in … IT-169,” so that such clause would not stop such application of s. 69(1)(b). ...

In order that the individuals could hold high ACB shares in Opco directly various steps would be implemented including a sale by the individuals of their high-ACB shares of their Holdcos to Opco in consideration for high-ACB preferred shares of Opco. ...

In order that the individuals could hold high ACB shares in Opco directly, various steps would be implemented including a sale by the individuals of their high-ACB shares of their Holdcos to Opco in consideration for high-ACB preferred shares of Opco. ...

.-- summary under Subsection 74.5(6) Summary Under Tax Topics- Income Tax Act- Section 74.5- Subsection 74.5(6) s. 74.5(6) applied to an estate-freeze exchange by individual’s Holdco of Opco common shares for preferred shares so that family trust could subscribe for Opco common shares An individual transferred all the common shares of Cco (which, at no point, was a small business corporation) in a s. 85(1) rollover to a Newco (Bco) in consideration for common shares of Bco (being all its common shares). ...

A, who had held all the shares of HoldcoA on April 26, 1995 at which time HoldcoA held a policy on the life of A whose purpose was to fund the redemption of such shares, transferred those shares to another wholly-owned corporation (HoldcoB – all of whose shares being Class B shares were held by him) under s. 85(1) in consideration for 100 "new Class B shares" of HoldcoB. ...