Section 184

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
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

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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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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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
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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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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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

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Paragraph 184(3)(d)

Administrative Policy

29 June 2007 Internal T.I. 2007-0229431I7 F - Excessive Capital Dividend

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Subsection 184(3.1)

Cases

Special Risks Holdings Inc. v. The Queen, 88 DTC 6444 (FCTD), aff'd 89 DTC 5039 (FCA)

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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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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