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With the introduction of paragraph 55(3.2)(h), the sale of the shares of Holdco is subject to subparagraph 55(3.1)(b)(i), since Holdco is deemed to be a transferee and the specified shareholders of Holdco are also considered to be specified shareholders of a transferee corporation—that is, Holdco. ...

As a result, it appears that an entity in an IGA jurisdiction is an FFI subject to FATCA-like reporting. in that jurisdiction only if it is a financial institution under the applicable IGA, regardless of whether the entity would be considered an FFI under U S domestic law…. ...

However, it is questionable whether the FA's deemed disposition and reacquisition of its asset is considered a disposition of the asset by the FA to itself; a disposition to a person is a precondition of regulation 5907(2.02). ...

., 25% or more of the CRIC's equity as measured by votes or value), then the non-resident cannot generally be considered to have caused the CRIC to make an investment in anticipation of the non-resident acquiring control of the CRIC. ...

These rules are also subject to certain "anti-stuffing" provisions requiring additional rules around timing and "relatedness" of the CRIC, the disposing corporation/predecessor corporations and the non-resident parent which are generally designed against backing into these exceptions via what is in essence a new investment from third party vendors, which must be carefully considered. ...

Raj Juneja, "Taxation of equity derivatives", 2015 CTF Annual Conference paper-- summary under Paragraph 212(1)(d) Summary Under Tax Topics- Income Tax Act- Section 212- Subsection 212(1)- Paragraph 212(1)(d) Non-application to equity swaps (p. 17:20) The CRA has taken the position that where a Canadian resident borrower of a security pays a lending or borrowing fee to a non-resident as part of a securities lending agreement that is not governed by section 260, the fee would generally be considered to be for the use of or the right to use property in Canada and fall within 212(l)(d) [f.n.26...9530420...]. ...

Since once a dividend on any type of shares is declared, the issuer would generally be considered under most corporate law to have an obligation to pay the dividend, it appears that most types of shares, not just shares with "debt-like" characteristics, may satisfy the first part of the conditions for the application of the Character Substitution Rules. ...

. … A beneficiary who executes a valid disclaimer in respect of property to be received under a will is considered never to have received the property. ...

Similarly, in Re Halsted's Will Trusts, [fn 61: [1937] 2 AII ER 570 (Ch.D.).] the court considered a direction by a testator that part of his residuary estate be held on trust to pay the income therefrom to one of his sons, and that after the son's death it revert to the testator's estate….The court held that the trustees had the power to settle the amount on a new trust for the benefit of the son during his lifetime and, following his death, for the benefit of his wife and child, concluding that the power of advancement could be exercised to benefit the named beneficiary's family members on the basis of this provision. ...

[fn 106: 2003-0000695 …See also… 2004-0062121E5] This conclusion appears to be correct; when the trust has distributed the property subject to an accrued gain to the beneficiary the gain on the distribution has arguably been paid because the trust no longer has the property to distribute, and the beneficiary to which the distribution was made is the person who should be considered to have received it. ...