Subsection 184(2) - Tax on excessive elections
Administrative Policy
22 January 2019 External T.I. 2019-0791631E5 - Calculation of Capital Dividend Account
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account - Paragraph (a) | subsequent capital loss does not reduce capital dividend room | 79 |
IT-66R6 "Capital Dividends"
Subsection 184(3) - Election to treat excess as separate dividend
See Also
Magren Holdings Ltd. v. The Queen, 2021 TCC 42
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 185 - Subsection 185(3) | Part III tax assessments of distributions of gains that were denied outside the Part I tax normal reassessment period were not statute-barred | 314 |
| Tax Topics - Income Tax Act - Section 185 - Subsection 185(1) | no requirement to issue separate assessment for each election, and no remedy for inordinate time to issue assessments | 396 |
| Tax Topics - General Concepts - Ownership | acquisition of income fund units to be held for a few days before their redemption did not represent an acquisition of beneficial ownership | 549 |
| Tax Topics - General Concepts - Sham | transactions did not result in real capital losses | 306 |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | no CDA addition where capital gains were not real | 373 |
Morissette v. The Queen, 2019 CCI 103
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|---|---|---|
| Tax Topics - Other Legislation/Constitution - Federal - Tax Court of Canada Rules (General Procedure) - Section 53 - Subsection 53(1) - Paragraph 53(1)(c) | Rule 53 does not authorize the rendering of a summary judgment | 228 |
Administrative Policy
6 October 2017 APFF Roundtable Q. 10, 2017-0709081C6 F - Election to treat excess as separate dividend
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 185 - Subsection 185(3) | normal reassessment period starts running from date of Pt III assessment | 158 |
6 October 2017 APFF Roundtable Q. 5, 2017-0709031C6 F - T2054 - Short Cut Method
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S3-F2-C1 - Capital Dividends
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4 December 2013 External T.I. 2013-0504951E5 - Objection Part III Tax -184(3) Election
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7 October 2011 APFF Roundtable Q. 4, 2011-0412071C6 F - Modifying a Capital Dividend Election
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Effective Date | originally declared dividend not altered by subsequent resolution | 83 |
8 October 2010 Roundtable, 2010-0373261C6 F - Choix prévu au paragraphe 184(3)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.5) | no policy to automatically waive penalty where late s. 184(3) election, following failed appeal, is granted | 175 |
5 December 2007 Internal T.I. 2007-0221211I7 F - Capital Dividends
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| Other locations for this summary | |
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| Tax Topics - Income Tax Act - Section 165 - Subsection 165(3) | suggesting awaiting by CRA of a court resolution of a related dispute would be contrary to its duty to act with all due dispatch |
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 184 - Subsection 184(3) | CRA will not accommodate appeal of underlying Pt. I and III assessments by agreeing to act on a waiver if appeal successful or by deferred processing of a s. 184(3) election | 296 |
5 December 2007 Internal T.I. 2007-0221211I7 F - Capital Dividends
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 184 - Subsection 184(3) | 293 | |
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(3) | suggesting awaiting by CRA of a court resolution of a related dispute would be contrary to its duty to act with all due dispatch |
14 June 2007 Internal T.I. 2007-0229311I7 F - Capital Dividend Account
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account - Paragraph (b) | recording of dividend payable and dividend receivable between sub and parent was insufficient to constitute the payment of a capital dividend, so that there was no CDA addition | 132 |
| Tax Topics - General Concepts - Payment & Receipt | making accounting entries does not constitute payment of a dividend | 130 |
| Tax Topics - General Concepts - Effective Date | a declared dividend cannot be revoked | 158 |
May 1999 CALU Conference No. 9908430, Q. 2
IT-66R6 "Capital Dividends"
Paragraph 184(3)(d)
Subsection 184(3.1)
Subsection 184(4)
Administrative Policy
21 April 2008 External T.I. 2007-0220471E5 F - Excessive Capital Dividend and 220(3.2)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.2) | s. 220(3.2) revocation is an alternative if a s. 184(4) election cannot be made | 66 |