Paragraph 55(3.2)(d)
Administrative Policy
29 October 2013 External T.I. 2013-0489771E5 F - Internal Reorganization - 55(3)(a)
Three brothers held Corporation A as to 1/3 each and their mother’s estate held all of Corporation B. Following the distribution of the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | estate distribution of corporation followed by transfer of assets from related corporation could be part of same series | 171 |
| Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) - Subparagraph 55(3)(a)(v) | relief under s. s. 256(7)(a)(i)(C) or (D) is relevant to s. 55(3.1)(b)(ii), but not to ss. 55(3)(a)(i) to (v) | 227 |
Paragraph 55(3.2)(h)
Administrative Policy
2013 Ruling 2012-0459781R3 - Cross border butterfly
This was a cross-border butterfly of a Canadian spin business (already packaged into a subsidiary of DC) by DC to TC, an indirect subsidiary of...
| 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 | 1120 |
| Tax Topics - Income Tax Act - Section 212.1 - Subsection 212.1(1.1) - Paragraph 212.1(1.1)(b) | PUC grind where shares issued in 4-party exchange | 220 |
Articles
Rick McLean, Canadian Tax Highlights, Vol. 22, No. 5, May 2014, p. 6.
Conventional mechanics for butterfly by foreign Pubco of Canco to foreign Spinco caught by s. 55(3.1)(b)(i) (p. 7)
Pubco incorporates a foreign...
Janice G. Russell, "Cross-Border Butterfly Ruling", (2011) vol. 19, no. 1 Canadian Tax Highlights, 8-9:
Overview description of 2009-0335441R3 (p.8)
The ruling…includes a foreign corporation's (Forpubco's) distribution to its shareholders, as a...
Kila, Williamson, "Section 55 Case Study: Impact of Proposed Paragraph 55(3.2)(h) on a Cross-Border Spin-off Transaction", Corporate Structures and Groups, Vol. IV, No. 2, 1997, p. 203.
Marc N. Ton-That, Serge Bilodeau, "Breaking Up Is Hard To Do", 96 Conference Report (CTF), p.11:51
Blackmail potential (p. 11:51
The application of paragraph 55(3.2)(h ) for the purposes of subparagraph 55(3.1)(b) could expose a distributing...