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A determination at any year end as to whether the rights of a plan participant give rise to a SDA turns on whether (i) the employee has a right to a deferred amount (which may be the case even for an ATR-45 SAR plan); and (ii) the purpose test is met (which generally is not considered to be the case for an ATR-45 SAR plan, and is a question of fact for other plans). ...

In 2017-0735771I7, Headquarters considered that such loss was suspended on the basis that, for purposes of s. 40(3.5)(c)(i), Bco was a corporation “formed” on the “merger” of CCo with BCo – with the result that BCo was deemed to continue to own the shares of CCo with which it was affiliated, notwithstanding that CCo had, in fact, ceased to exist. ...

CRA stated: [T]he forgivable portion of the CEBA is an amount described in subparagraph 12(1)(x)(iv), because it is an amount received by the taxpayer from a person described in subparagraph 12(1)(x)(i), in the course of earning income from a business, and that amount “can reasonably be considered to have been received…as a…forgivable loan…in respect of...an outlay or expense”. ...

Furthermore, the CRA took a similar approach in … 2016-0628181R3 by adding an opinion that any dividend … paid … on the shares of … the private corporation (Holdco) to the foundation (Foundation), which had previously acquired the shares as a result of the transfer of the shares by the testamentary spousal trust for the spouse of the deceased following the death of the spouse, would be considered not to be a taxable dividend, with the result that subsection 129(1. 2) would apply …. ...

Since s. 248(8)(a) provided that a transfer, distribution or acquisition of property made under or as a consequence of the terms of a taxpayer’s will is to be considered to be a transfer etc. as a consequence of the taxpayer’s death, CRA was generally of the view that the payment was made as a consequence of the individual's death. ...

X would be beneficially interested in the trust under paragraph 248(3)(d), she could be considered a specified beneficiary as defined in subparagraph (c.1)(ii) of the definition of "principal residence" in section 54 to the extent that she ordinarily inhabited the residence during the years the deemed trust owned it by virtue of subsection 248(3). ...

Rulings Include that the Proposed Transactions will not by themselves be considered to result in a disposition or increase in interest described in subparagraphs 55(3)(a)(i) to (v). ...

For [such] purposes … the capital of Amalco attributable to the Bco-Newco Note and the XXXXXXXXXX of common shares of the capital stock of Amalco of $XXXXXXXXXX will be considered to be used by Amalco for eligible purposes for the purposes of subparagraph 20(1)(c)(i) provided that the property that will become property of Amalco on the amalgamation of Newco and Cco or the property that will be substituted therefor will be used and will continue to be used by Amalco for the purpose of gaining or producing income from its business. ...

., under s. 104(24)) that it was payable for the purposes of s. 104(6), and that “[i]f the amount cannot be paid in accordance with the terms of the trust and the relevant trust law, the amount cannot be considered to have become payable for the purposes of subsections 104(6) and (13),” CRA indicated: Provided the cash received as consideration from the redemption or winding-up was paid to the capital beneficiary in accordance with the terms of trust and the applicable trust law, the deemed dividend became payable to the beneficiaries for the purposes of subsections 104(6) and 104(13) …. ...

Ss. 93.1(5) and (6) could only apply to such interest if, pursuant to the coming-into-force (CIF) provision for ss. 93.1(5) and (6) (which otherwise applied only to the 2013 and subsequent taxation years), it could be considered that the taxpayer (USP) had “elected[ed] in writing” and timely “file[d] the election with the Minister” to have ss. 93.1(5) and (6) apply to those earlier years. ...