Section 212.1

Subsection 212.1(1) - Non-arm’s length sales of shares by non-residents

See Also

Dairy Queen Canada Inc. v. The Queen, 95 DTC 634 (TCC)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Shares 80

Subsection 212.1(1.1)

Paragraph 212.1(1.1)(b)

Administrative Policy

2017 Ruling 2017-0699201R3 - Cross-border Butterfly

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Distribution cross-border butterfly with 4-party exchange and preceding distribution of DC to foreign parent to qualify as permitted exchange/rental property valued at nil/post-butterfly equaling cash payment 1056
Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Permitted Exchange - Paragraph (b) cross-border butterfly including preliminary transfer of DC to foreing parent to come within “permitted exchange” 428
Tax Topics - Income Tax Act - Section 143.3 - Subsection 143.3(3) s. 143.3(3) inapplicable on a 4-party exchange 226
Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base full cost of property acquired under 4-party exchange 214

2013 Ruling 2012-0459781R3 - Cross border butterfly

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Distribution cross-border butterfly reversing previous amalgamation and using 4-party exchange 1042
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3.2) - Paragraph 55(3.2)(h) 4-party exchange to avoid s. 55(3.2)(h) 109

Subsection 212.1(6)

Paragraph 212.1(6)(b)

Articles

Joint Committee, "July 27, 2018 Legislative Proposals", 10 September 2018 Submission

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Subsection 212.1(4) - Where section does not apply

Cases

Univar Holdco Canada ULC v. Canada, 2017 FCA 207

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) cross-border surplus-stripping transaction was not abusive as it occurred in same series as arm's length acquisition 339

See Also

Univar Holdco Canada ULC v. The Queen, 2016 TCC 159

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) exception to an anti-avoidance provision should not be interpreted to undercut that anti-avoidance 243
Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(3) policy of current version of s. 212.1(4) confirmed by proposed amendment 130

Administrative Policy

2 December 2014 CTF Roundtable, Q. 4

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24 May 2013 IFA Roundtable Q. 4, 2013-0483771C6 - 2013 IFA Q4

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Articles

Nathan Boidman, "Judicial and Legislative Developments Threaten Indirect Canadian Acquisitions", Tax Notes International, Vol. 84, No. 2, 10 October 2016, p. 163

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Angelo Nikolakakis, "Cross-Border Surplus Stripping – Stripping Bona Fide Non-Resident Purchasers", International Tax (Wolters Kluwer CCH), No. 87, May 2016, p.4

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Angelo Nikolakikis, Alain Léonard, "The Acquisition of Canadian Corporations by Non-Residents: Canadian Income Tax Considerations Affecting Acquisition Strategies and Structure, Financing Issues, and Repatriation of Profits", 2005 Conference Report, c. 21, p. 21:8.

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Vesely, Roberts, "Takeover Bids: Selected Tax, Corporate, and Securities Law Considerations", 1991 Conference Report, pp. 11:30-11:31

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