Subsection 55(3.01)

Paragraph 55(3.01)(a)

Administrative Policy

29 March 2021 External T.I. 2020-0839571E5 - Common-law partner

A and B, who have been cohabiting in a conjugal relationship for 10 years and who each owned 50% of the common shares of Opco, commenced on...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Common-Law Partner ceasing to be common-law partners after 90 days of separation did not retroactively make them unrelated for prior transactions 123

Paragraph 55(3.01)(g)

Administrative Policy

2015 Ruling 2015-0605901R3 F - Présomption de gain en capital

Background. Opco, a CCPC, in addition to holding residential condos on upper floors, holds the “Vacant Premises” for the purpose of leasing...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) - Subparagraph 55(3)(a)(ii) spin-off of real estate beneath new common holdco of unrelated shareholders 107
Tax Topics - Income Tax Act - Section 249.1 - Subsection 249.1(7) taxation year end changed to immediately before building spin-off 95
Tax Topics - Income Tax Act - Section 186 - Subsection 186(1) - Paragraph 186(1)(b) year end selection to avoid Pt. IV circularity 97

14 April 2015 External T.I. 2015-0570021E5 F - Présomption de gain en capital

After referring to the CRA response to Q. 14(b) [16(b) below?] at the 2014 APFF Roundtable including the caution provided, the questioner...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) application of safe harbour where holdco interposed before spin-off transaction 62

10 October 2014 APFF Roundtable Q. 16, 2014-0538031C6 - APFF 2014 Q. 16 - Capital gain

Facts

The exception in s. 55(3)(a) would not be available where a new corporation was created in the series. Consider this example:

  1. Husband,...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(b) - Subparagraph 251(2)(b)(i) incorporator related to corporation 67
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) interposition of holdco to permit related-person spin-off compliant with s. 55(3)(a)(ii) and (v) 933