Search - considered

S. 86 will apply to such exchange so that a holder of Yoho common shares will be considered to have disposed of its shares for the greater of their adjusted cost base and the fair market value of the Storm shares received on the exchange. ...

A resident holder who receives Suncor Shares in exchange for COS Shares on the Amalgamation will not realize any capital gain or capital loss as a result of the exchange, and will be considered to have disposed of its COS Shares for proceeds of disposition equal to their aggregate adjusted cost base. ...

It will rely on not holding non-portfolio property; and on US co-investors in the wind projects not being considered to be investors in it for purposes of the US inversion rules. ... None of the Vendors will hold an interest in it, and it will not initially acquire substantially all the interests in the project LLCs (although s. 7874 could apply if the Trust later were considered to have acquired substantially all the interests of the project LLCs as part of the same plan, and the Vendors acquired Trust units). ...

The CVRs should be considered to be additional proceeds received on the disposition of Common Shares in an amount equal to the fair market value of the CVRs at the time of the disposition. ... If the CVRs are considered to be a debt obligation for the purposes of the ITA (notwithstanding that the amount ultimately payable under the CVRs is uncertain and unlimited), a Canadian Holder may be required to accrue as income the maximum amount payable under the CVRs held by them (generally in excess of the amount for which the CVRs were issued), in the taxation year of the receipt of the CVRs, in the period during which the CVRs are held, or on a disposition of the CVRs (including in connection with the receipt of a Redemption Amount). ...

Holders should consider whether the income from such finance activities is considered to be "passive". Whether such income is considered to be "passive" may depend in part on the ability of a non-U.S. corporation to meet certain requirements under the PFIC rules, the analysis of which Element has not performed. ...

For its taxation year commencing on January 1, 2019, the REIT does not expect to qualify as a REIT and may be considered a “SIFT trust.” If the REIT is considered a “SIFT trust” for its taxation year commencing on January 1, 2019, the REIT does not expect to have material “non-portfolio earnings.” ...

MI 61-101 As a result of the payment of fees to Macquarie as a financial advisor, Macquarie will be considered to receive a collateral benefit. ...

Holder will be considered to be a taxable distribution in an amount equal to the fair market value of such shares. ...

Presumably the $175M third party debt owing by CAP REIT remains in place, which is considered to have been borrowed to acquire the ResREIT assets which CAP REIT still owns after the transaction. ...

The REIT, Investment LP1 and GAR B have elected to be corporations under the Code and they each will be considered to have a permanent establishment in the U.S. ...