Section 52

Subsection 52(1) - Cost of certain property the value of which included in income

Administrative Policy

11 March 2014 Internal T.I. 2013-0513221I7 F - Stock options

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) double income inclusion under s. 56(2) or (4) to consulting corporation, and under s. 15(1) to its shareholder, where consultant's options issued directly by client to shareholder 109
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) benefit where corporation implicitly consented to consultant's options being issued by client directly to its shareholder 164
Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) implicit transfer by corporation when stock options earned by it were issued directly by its client to its shareholder 169
Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) s. 248(28) does not prevent a double income inclusion to corporation under s. 56 and shareholder under s. 15 218
Tax Topics - Income Tax Act - Section 9 - Timing no s. 9(1) income inclusion from consultant being granted stock options until exercise 216
Tax Topics - General Concepts - Fair Market Value - Options stock options with no in-the-money value could have nil FMV 128

6 August 2013 External T.I. 2012-0469481E5 F - Benefit under trust

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Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) taxable benefit on sale to beneficiary at undervalue was not eliminated under s. 105(1)(a) when beneficiary sold the property 128
Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) taxable benefit added to acb 129

3 January 2003 External T.I. 2002-014396 -

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) 92

Income Tax Technical News, No. 11, September 30, 1997, "U.S. Spin-Offs (Divestitures) - Dividends in Kind"

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Tax Topics - Income Tax Act - Section 90 - Subsection 90(1) 0

18 March 1993 Memorandum (Tax Window, No. 32, p. 7, ¶2599)

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October 1992 Central Region Rulings Directorate Tax Seminar, Q. N (May 1993 Access Letter, p. 233)

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13 June 1991 T.I. (Tax Window, No. 4, p. 14, ¶1306)

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Subsection 52(2) - Cost of property received as dividend in kind

Administrative Policy

27 November 2018 CTF Roundtable, Q.2

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 52 - Subsection 52(3) cost under s. 52(3) for stock dividend amount to which s. 55(2) applied 63
Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(b) - Subparagraph 53(1)(b)(ii) no basis reduction for s. 84(1) dividend to which s. 55(2) applied 100
Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account - Paragraph (a) - Subparagraph (a)(i) 53(1)(b)(ii) and 52(3)(a) exclusion limited to where 55(2) did not apply to the stock dividend or PUC increase 68

7 June 2017 External T.I. 2016-0671731E5 F - Transfer of life insurance policy by dividend in kind

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Tax Topics - Income Tax Act - Section 148 - Subsection 148(7) - Paragraph 148(7)(a) dividend-in-kind of a life insurance policy avoids the policy’s disposition at FMV 232

2013 Ruling 2013-0488291R3 - Reorganization of Corporations - Rollover

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Tax Topics - General Concepts - Effective Date no ruling on price adjustment clause 129
Tax Topics - Income Tax Act - Section 215 - Subsection 215(6) Spinco taking responsibility for Part XIII remittance obligation of Parent 206

Articles

Patrick W. Marley, Kim Brown, "Foreign Mergers and 'Demergers' Under Recent Canadian Proposals", Tax Management International Journal, 10 February 2012, Vol 41, No. 2, p. 86

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Subsection 52(3)

Administrative Policy

27 November 2018 CTF Roundtable, Q.2

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 52 - Subsection 52(2) property dividended has cost equal to FMV where subject to s. 55(2) 42
Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(b) - Subparagraph 53(1)(b)(ii) no basis reduction for s. 84(1) dividend to which s. 55(2) applied 100
Tax Topics - Income Tax Act - Section 89 - Subsection 89(1) - Capital Dividend Account - Paragraph (a) - Subparagraph (a)(i) 53(1)(b)(ii) and 52(3)(a) exclusion limited to where 55(2) did not apply to the stock dividend or PUC increase 68

Paragraph 52(3)(a)

Administrative Policy

5 October 2018 APFF Roundtable Q. 4, 2018-0768891C6 F - Stock Dividend and Safe Income

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.3) shift in safe income to high-low prefs paid as stock dividend 666
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.3) different effect of stock dividend of high-low preferred shares paid to Holdco and trust shareholders

Subparagraph 52(3)(a)(ii)

Administrative Policy

12 December 2016 External T.I. 2016-0668341E5 F - Stock dividend

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.3) - Paragraph 55(2.3)(b) safe income strip using a preferred share stock dividend 273

Articles

Rick McLean, Jeff Oldewening, Jonas Lau, "Capital Gains Stripping and Surplus Stripping", 2017 Annual CTF Conference draft paper

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Subsection 52(4) - Cost of property acquired as prize

Cases

The Queen v. Rumack, 92 DTC 6142 (FCA)

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Administrative Policy

84 C.R. - Q. 21

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Subsection 52(6)

Administrative Policy

4 February 1992 T.I. (Tax Window, No. 16, p. 5, ¶1728)

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IT-390 "Unit Trusts - Cost of Rights and Adjustments to Cost Base"

Articles

Botz, "Mutual Fund Trusts and Unit Trusts: Selected Tax and Legal Issues", 1994 Canadian Tax Journal, Vol. 42, No. 4, p. 1037.