Section 49

Subsection 49(1) - Granting of options

See Also

CIR v. Scottish Provident Institution, [2004] UKHL 52

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership commercially realistic prospect of put and call not being exercised 161

Mitsui & Co. (Canada) Ltd. v. Royal Bank of Canada, [1995] 2 S.C.R. 187

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Words and Phrases
option exercise
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 49 - Subsection 49(3) 143

Kopec v. Pyret, [1987] 3 WWR 449 (Sask. C.A.)

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Canadian Long Island Petroleums Ltd. et al. v. Irving Industries Ltd., [1974] 6 WWR 385, [1975] 2 S.C.R. 715

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Administrative Policy

13 September 2007 External T.I. 2007-0251081E5 F - Transactions d'options d'achat d'actions

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22 January 2020 External T.I. 2014-0559281E5 F - T5008

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(i) option writer can deduct its expenses from deemed s. 49(1) proceeds 125
Tax Topics - Income Tax Regulations - Regulation 230 - Subsection 230(2) “cost” of call options closed out by writer is nil, not the cost of offsetting call option purchase/cost re short sale is the FMV of the borrowed shares 351
Tax Topics - Income Tax Act - Section 9 - Computation of Profit cost of short sale is FMV of borrowed shares 59

18 July 2011 External T.I. 2010-0370561E5 F - Location avec option d'achat

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Substance lease is a lease in the absence of sham 92
Tax Topics - Income Tax Act - Section 68 where lease is coupled with bargain purchase option, a portion of the rents must be allocated to option proceeds 147

Income Tax Technical News No. 44 13 April 2011 [archived]

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21 December 2006 External T.I. 2006-0170851E5 F - Option d'achat de biens immeubles

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Tax Topics - Income Tax Act - Section 49 - Subsection 49(4) refiling when option exercise in subsequent year 83
Tax Topics - Income Tax Act - Section 13 - Subsection 13(1) recapture of depreciation previously claimed for farm was farming income 21

2004 APFF Roundtable Q. 13, 2004-008699 -

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92 C.R. - Q.51

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IT-96R5 "Options Granted by Corporations to Acquire Shares, Bonds or Debentures"

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Tax Topics - Income Tax Act - Section 49 - Subsection 49(3) 0

Articles

Jack Bernstein, "Canadian Tax Treatment of Index Participation Units and Exchange Traded Index Derivates", 35 Tax Notes International, 20 September 2004, p. 1107.

Watkins, "Equity Exchangeable Debentures and Appreciation Rights", 1993 Conference Report, C. 20; and Kingissepp, "Summaries of Corporate Finance Panel Discussion", 1993 Conference Report, C. 21

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Paragraph 49(1)(a)

Administrative Policy

17 April 2007 External T.I. 2007-0230381E5 F - Option d'achat de biens immeubles

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Subsection 49(2) - Expired option — shares

See Also

Garner v. Pounds Shipowners and Shipbreakers Ltd., [1997] BTC 223 (Ch. D.)

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Subsection 49(3) - Where option to acquire exercised

Cases

Salt v. The Queen, 84 DTC 6395, [1984] CTC 414 (FCTD)

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See Also

Mitsui & Co. (Canada) Ltd. v. Royal Bank of Canada, [1995] 2 S.C.R. 187

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) 106

Administrative Policy

17 February 2021 External T.I. 2018-0768051E5 F - Contrat de crédit-bail

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) - Subparagraph 20(1)(c)(ii) leasing contract cannot be recharacterized as a secured loan funding an acquisition of depreciable property 246
Tax Topics - Income Tax Act - Section 68 lease payments for vehicle lease with bargain purchase option are allocated between ACB of option and deductible lease payments 301
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5.2) acquisition of leased vehicle pursuant to bargain purchase option followed by sale of vehicle could engage s. 13(5.2) 131
Tax Topics - Income Tax Act - Section 16.1 - Subsection 16.1(1) truck tractor is prescribed property 26
Tax Topics - General Concepts - Substance lease payments, but not the lease itself, could be recharacterized 93

28 November 2001 Internal T.I. 2001-0091247 - Employer Stock Opt. & Section 116116(5)

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2003 Ruling 2003-0028033 - LEASE-BARGAIN PURCHASE OPTION

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6 September 1994 External T.I. 9419865 - ARE SPECIAL WARRANTS FLOW-THROUGH SHARES?

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IT-96R5 "Options Granted by Corporations to Acquire Shares, Bonds or Debentures"

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Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) 0

Subsection 49(4)

Administrative Policy

21 December 2006 External T.I. 2006-0170851E5 F - Option d'achat de biens immeubles

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) capital gain when amount received for extending an option 52
Tax Topics - Income Tax Act - Section 13 - Subsection 13(1) recapture of depreciation previously claimed for farm was farming income 21

Subsection 49(5) - Idem [Reassessment where option exercised in subsequent year]