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Carrie Smit, "Amendments to 'Bump' Rules May Permit Foreign Shares as Deal Consideration", International Tax, No. 68, February 2013, p.1-- summary under Subparagraph 88(1)(c.3)(i) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1)- Paragraph 88(1)(c.3)- Subparagraph 88(1)(c.3)(i) … where a foreign purchaser ("Forco") sets up a Canadian acquisition corporation ("Bidco") to acquire a Canadian target company ("Canco"), and the consideration to be paid for the Canco shares includes Forco shares, the tax cost bump will not be precluded provided that not more than 10% of the value of the Forco shares is attributable to Canco's property. … From a practical perspective, the Bump Amendment favours larger foreign purchasers (which are substantially more valuable than the Canadian target company) over smaller foreign purchasers. … It is not entirely clear, however, how the timing in the Bump Amendment is intended to apply. ... If the consideration paid for the Canco shares includes Forco shares, and less than 10% of the value of those Forco shares is attributable to Canco's property at the time of the acquisition, does it matter if values fluctuate and, at a later point in time, more than 10% of the value of the Forco shares is attributable to Canco's property? ... In order to preclude the bump, the Substituted Property must be acquired as part of the same series of transactions or events that includes the winding-up of Canco (the Forco shares issued as consideration for the Canco shares would clearly satisfy this series requirement where they are the actual deal consideration). ...

Angelo Nikolakakis, Alain Léonard, "The Acquisition of Canadian Corporations by Non-Residents: Canadian Income Tax Considerations Affecting Acquisition Strategies and Structure, Financing Issues, and Repatriation of Profits", 2005 Conference Report (Canadian Tax Foundation), 21:1-61, at 21:24-25:-- summary under Paragraph 88(1)(c.4) Summary Under Tax Topics- Income Tax Act- Section 88- Subsection 88(1)- Paragraph 88(1)(c.4) Policy for exclusion of shares or debt of foreign corporations (p. 280) Why is it that shares of a non-resident Bidder should not constitute "specified property"? ... The Department of Finance may be considering whether or not it should be concerned about transactions by which non-Canadian assets are removed from Canadian corporate solution against tax attributes generated by consideration paid in foreign equity instead of cash or Canadian equity. At least with share consideration issued by a Canadian Bidder, the assets remain in Canadian corporate solution. ...

"-- summary under Qualifying Consideration Summary Under Tax Topics- Excise Tax Act- Section 217- Qualifying Consideration ...

Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.-- summary under Subsection 21(1) Summary Under Tax Topics- Income Tax Act- Section 21- Subsection 21(1) Capitalization of financing costs (p. 10:22) [S]ubsection 21(1) allow[s] a taxpayer to capitalize certain costs of financing to any related depreciable property acquired with the borrowed funds. Consideration should be given to capitalizing paragraph 20(1)(e) costs to the related capital property based on this elective provision. ...

Janette Pantry, Carrie Smit, "Tax Considerations in Restructuring under the Companies’ Creditors Arrangement Act", draft 2020 CTF Annual Conference paper-- summary under Subsection 79(2) Summary Under Tax Topics- Income Tax Act- Section 79- Subsection 79(2) Description of credit bid (pp. 11-12) Under a credit bid, which allows an existing secured creditor to bid up to the full face amount of their secured debt claim as currency for the acquisition of the debtor’s assets, the secured debt may be transferred by the secured creditors to a newly-established “CreditBidCo” in consideration for equity, so that CreditBidCo then acquires the debtor’s assets (and assumes some operating liabilities), with the full amount of its secured debt claim being extinguished. ... Greater certainty on s. 79 not applying may be achieved with a three-party arrangement under which CreditBidCo would directly acquire the debtor’s assets, and in consideration it would issue its shares to the secured creditors who would agree to the extinguishment of their debt claims against the debtor. ...

Marie-Andrée Beaudry, Dean Kraus, "Selected Income Tax Considerations in the Court-Approved Debt Restructurings and Liquidations", 2015 Annual CTF Conference paper-- summary under Commercial Debt Obligation Summary Under Tax Topics- Income Tax Act- Section 80- Subsection 80(1)- Commercial Debt Obligation Whether forgiven amount arises on settlement of contractual claims (pp. 13:34-13:35) In addition to the issue of deductibility of claims for contractual damages, consideration must also be given to whether the settlement of any such claims under a restructuring for less than the amount of the liability may result in the application of the debt forgiveness rules.... ...

Angelo Nikolakakis, Alain Léonard, "The Acquisition of Canadian Corporations by Non-Residents: Canadian Income Tax Considerations Affecting Acquisition Strategies and Structure, Financing Issues, and Repatriation of Profits", 2005 Conference Report, c. 21, p. 21:8.-- summary under Subsection 212.1(4) Summary Under Tax Topics- Income Tax Act- Section 212.1- Subsection 212.1(4) In step 1 of figure 4, Bidder transfers Target to Bidder Forco in exchange for a promissory note ("the Bidder Forco reorganization note") with a face amount equal to the fair market value (FMV) of Target. ... It should also be possible for Target subsequently to be combined with Bidder Canco, although additional considerations will arise, including with respect to capital tax liability concerns (see the discussion below). ...

Robert Demers, "Indirect Tax considerations in M&A Due Diligence", 2015 CTF Annual Conference paper-- summary under Subsection 296(2.1) Summary Under Tax Topics- Excise Tax Act- Section 296- Subsection 296(2.1) GST erroneously paid on a volume rebate is not tax paid in error so that a credit therefor on assessment is not available Automatic application of unclaimed rebate for tax paid in error (p. 20: 19) If a rebate has not been claimed, the tax authorities must apply the unclaimed rebate against the net tax assessed when preparing an assessment. ... An example would be a case where tax is paid in excess of an amount that does not constitute the consideration for a supply, or where the tax is paid over and above a volume discount whereas no tax was collected on the original supply. ...