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2022 Ruling 2022-0925601R3 F- Post-mortem Pipeline Unedited CRA Tags 84(2), 84.1, 245(2) Principal Issues: 1) Whether section 84.1 will apply to reduce the PUC on the shares of the new corporation received as consideration for the disposition of the shares. 2) Whether subsection 84(2) will apply to the proposed transactions. 3) Whether subsection 245(2) will apply to the proposed transactions. ...

This requires consideration of all the circumstances, including the terms and conditions that apply in respect of the award, the duration of the program and the period for which the support is intended to be provided. ...

Consideration should be given to whether or not the actions or contributions of the other individual vis-à-vis the PWD or the person with an infirmity (e.g., for the purpose of computing element D of the formula in subsection 118.2(1), or a tax credit under paragraph (d) of element B in the formula under subsection 118(1)) are of such a nature and degree that they could be said to constitute support of the particular individual, and that a relationship of factual dependency can be said to exist, that is, reliance on that support. ...

As consideration for the units being redeemed, the Trust will assign an equivalent number of its USco shares to Buyco. 23. ...

The Losscos Preferred Shares will not, at any time during the implementation of the Proposed Transactions described herein, be: a. subject of any undertaking that is referred to subsection 112(2.2) as a “guarantee agreement”; b. the subject of a “dividend rental arrangement” as contemplated in subsection 112(2.3); c. the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or d. issued for consideration that is or includes: (i) an obligation of the type described in subparagraph 112(2.4)(b)(i); or (ii) any right of the type described in subparagraph 112(2.4)(b)(ii). 30. ...

(footnote 6) Accordingly, in the situation presented, while a question of fact and law, it appears that the trees would be considered the particular property that has been acquired from a person or a partnership (paragraph 127(27)(a) of the Act) or acquired from a transferor (subsection 127(32) of the Act) since the taxpayer will receive property from the province in exchange for the payment of consideration (i.e., the stumpage fees) in accordance with the terms of the timber sales contract entered into between the parties. ...

In the situation under consideration, it is our view that either subsection 13(7.1) or paragraph 53(2)(k) will generally apply to reduce the cost of the property, such that any amount that would otherwise be required to be included in a Homeowner’s income because of paragraph 12(1)(x) will be reduced by means of subparagraph 12(1)(x)(vi). ...

The shares on which a dividend is declared or paid in the course of the Proposed Transactions, will not, at any time be: i. the subject of any undertaking that is referred to in subsection 112(2.2) as a “guarantee agreement”; ii. the subject of a dividend rental arrangement as that term is defined in subsection 248(1); iii. the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or iv. issued for consideration that includes: a. an obligation of the type described in subparagraph 112(2.4)(b)(i), other than an obligation of a corporation that is related (otherwise than by reason of a right referred to in paragraph 251(5)(b)); or b. any right of the type described in subparagraph 112(2.4)(b)(ii). 28. ...

The Subscribed Newco Preferred Shares will not at any time during the implementation of the Proposed Transactions be: a. the subject of any undertaking that is referred to in subsection 112(2.2) as a “guarantee agreement”; b. the subject of a dividend rental arrangement; c. the subject of any secured undertaking of the type described in paragraph 112(2.4)(a); or d. issued for consideration that is or includes: i. an obligation of the type described in subparagraph 112(2.4)(b)(i), other than an obligation of a corporation that is related (otherwise than by reason of a right referred to in paragraph 251(5)(b)); or ii. any right of the type described in subparagraph 112(2.4)(b)(ii). 30. ...

2025 Ruling 2025-1052291R3 F- Post-mortem Hybrid Pipeline Principal Issues: 1) Whether section 84.1 applies to reduce the PUC of the shares of the capital stock of the purchaser corporation received as consideration for the disposition of the shares. 2) Whether subsection 84(2) applies to the proposed transactions. 3) Whether subsection 245(2) applies to the proposed transactions. ...