Section 7

Subsection 7(1) - Agreement to issue securities to employees

Paragraph 7(1)(a)

Commentary

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Cases

Ferlaino v. Canada, 2017 FCA 105

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Tax Topics - Income Tax Act - Section 261 - Subsection 261(2) exercise price translated on exercise date 148

Canada v. Morin, 2006 DTC 6057, 2006 FCA 25

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Words and Phrases
acquire

Clemiss v. The Queen, 92 DTC 6509 (FCTD)

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The Queen v. Gesser Estate, 92 DTC 6273 (FCA)

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Scott v. The Queen, 91 DTC 5268 (FCTD), varied 94 DTC 6193 (FCA)

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Steen v. The Queen, 86 DTC 6498, [1986] 2 CTC 394 (FCTD), aff'd 88 DTC 6171, [1988] 1 CTC 256 (FCA)

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Words and Phrases
value
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Tax Topics - General Concepts - Fair Market Value - Shares 107

Mansfield v. The Queen, 83 DTC 5136, [1983] CTC 97 (FCTD), aff'd 84 DTC 6535, [1984] CTC 547 (FCA)

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Words and Phrases
agree agreement
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Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) 78

Grant v. The Queen, 74 DTC 6252, [1974] CTC 332 (FCTD)

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Tax Topics - General Concepts - Evidence 52

See Also

Ferlaino v. The Queen, 2016 TCC 105 (Informal Procedure)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1.5) - Paragraph 110(1.5)(a) purpose of satisfying exe4rcise price test 249
Tax Topics - Income Tax Act - Section 261 - Subsection 261(2) exercise price of employee stock options to be translated at the exercise-date spot rate 109

Van de Velde v. The Queen, 2007 DTC 1314, 2007 TCC 533 (Informal Procedure)

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Williams v. The Queen, 97 DTC 887 (TCC) (Informal Procedure)

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Words and Phrases
acquire

Bertram v. The Queen, 93 DTC 1251 (TCC)

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Stafford v. The Queen, 93 DTC 438 (TCC)

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Tax Topics - General Concepts - Substance 75

Ball v. MNR, 92 DTC 2123 (TCC)

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Tedmon v. MNR, 91 DTC 962 (TCC)

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Ingram v. MNR, 91 DTC 939 (TCC)

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Tax Topics - General Concepts - Agency 24

Administrative Policy

1 June 2015 External T.I. 2015-0581311E5 - Application of section 7 to employee share purchase

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4 May 2015 External T.I. 2013-0502761E5 F - Stock Options and Earnout

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Tax Topics - General Concepts - Fair Market Value - Shares FMV of shares at time of stock option exercise determined by valuing earn-out clause in subsequent sales agreement 88

20 March 2015 External T.I. 2014-0526941E5 - RSU Plan-Cash Dividend Equivalents

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Salary Deferral Arrangements - Paragraph (k) addition to RSU plan of dividend equivalent units to be cashed out not excluded 207

24 March 2015 External T.I. 2012-0432951E5 F - Application of section 7

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25 September 2013 External T.I. 2011-0428941E5 F - Transfer of Stock Options to Protective Trust

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19 July 2013 External T.I. 2012-0458961E5 F - Stock option, cashless exercise

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28 December 2012 Guide T4130

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2004 Ruling 2004-007204 -

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18 August 2004 External T.I. 2004-0070361E5 -

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2002 Ruling 2001-011593 -

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2001 Ruling 2001-008401 -

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2001 Ruling 2001-007775 -

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1999 APFF Round Table, Q. 1 (No. 9M19190)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 128.1 - Subsection 128.1(1) stock option rights 64

1997 Ruling 1 January 1997 9716083 [ADS]

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21 October 1996 T.I. 960437 [partnership employees employed by each partner]

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2 June 1995 T.I. 950472 (C.T.O. "Employee Stock Option Plan")

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20 January 1994 T.I. 940074 HAA4735-1 (C.T.O. "Section 7 Employees Profit Sharing Plans")

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11 June 1993 T.I. (Tax Window, No. 31, p. 10, ¶2519)

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Tax Professionals Mini Round Table - Vancouver - Q. 4 (March 1993 Access Letter, p. 102)

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Tax Topics - General Concepts - Fair Market Value - Shares 16

5 November 1991 Memorandum (Tax Window, No. 12, p. 8, ¶1561)

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27 March 1990 T.I. (August 1990 Access Letter, ¶1362)

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86 C.R. - Q.64

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IT-113R4 "Benefits to Employees - Stock Options" 7 August 1996

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IC 89-3 "Policy Statement on Business Equity Valuations", para. 38

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Articles

Christina Medland, Andrew Stancel, "Tax-effective Risk-adjusted Incentive Arrangements for Public Companies", Taxation of Executive Compensation and Retirement, Vol. 22, No. 9, May 2011

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Christina Medland, Jennifer Sandford, "Tax Treatment of Share-Based Compensation", Taxation of Executive Compensation and Retirement, September 2005, p. 583.

Scott Sweatman, Richard Schubert, "Long Term Incentives for Employees of Income Trusts", Taxation of Executive Compensation, Vol. 15, No. 2, September 2003, p. 319.

Michael F.T. Addison, Gil J. Korn, "Employee Stock Options: An Up-Date", Personal Tax Planning, 2000 Canadian Tax Journal, Vol, 48, No. 3, p. 778.

Singer, "Forward Participating Shares - A Question by Revenue Canada", Taxation of Executive Compensation and Retirement, June 1992, p. 622.

Lee, "Stock-Based Compensation: Selected Regulatory and Taxation Issues", 1991 Corporate Management Tax Conference Report, c. 4.

Dunbar, "Time of Acquisition of Restricted Shares May Determine Value of Stock Option Benefit", Taxation of Executive Compensation and Retirement, November 1990, p. 361

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Paragraph 7(1)(b)

Commentary

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Cases

Buccini v. Canada, 2000 DTC 6685 (FCA)

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Words and Phrases
disposition

Bernier v. Canada, 2000 DTC 6053 (FCA)

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Dundas v. The Queen, 95 DTC 5116 (FCA)

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Tax Topics - Income Tax Act - Section 180 - Subsection 180(3) 77

Hale v. The Queen, 90 DTC 6481 (FCTD), aff'd 92 DTC 6473 (FCA)

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Beaumont v. The Queen, 86 DTC 6264, [1986] 1 CTC 507 (FCTD), aff'd 88 DTC 6522, [1988] 2 CTC 365 (FCA)

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Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) JV company at arm's length with 50% shareholder 185

Greiner v. The Queen, 84 DTC 6073, [1984] CTC 92 (FCA)

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The Queen v. Harvey, 83 DTC 5098, [1983] CTC 63 (FCTD)

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition disposition of property to corporation even though property extinguished 43

See Also

Bowens v. The Queen, 94 DTC 1853 (TCC), aff'd 96 DTC 6128 (FCA)

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Tax Topics - General Concepts - Onus 147

The Queen v. Huestis, 75 DTC 5393, [1975] CTC 560 (FCA), briefly aff'd 77 DTC 5044 (SCC)

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Administrative Policy

3 August 2016 External T.I. 2015-0572381E5 - Employee Stock Option-CCPC Shares

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Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d.1) not available where share payment of in-the-money value 65
Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d) no 110(1)(d) where share payment of in-the-money value 110

16 June 2016 External T.I. 2015-0623031E5 F - Application of paragraph 7(1)(b)

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Tax Topics - General Concepts - Effective Date contingent amount included under s. 7(1)(b) cannot later be reversed 110

7 May 2015 External T.I. 2015-0570801E5 - Exchange of Stock Options-7(1)(b) Applies

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(1.4) executives potentially avoid double taxation on a "bad" (offside s. 7(1.4)) stock option exchange 72

Income Tax Technical News No. 19, 16 June 2000

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1999 Ruling 990259 [cash surrender of subscription rights for unlisted shares]

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22 July 1999 T.I. 983381 [change to employer cash-out right]

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21 January 1998 T.I. 973116 [cost of new options acquired on exchange

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IT113R4 "Benefits to Employees - Stock Options" 7 August 1996

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Income Tax Technical News, No. 7, 21 February 1996

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Income Tax Technical News, No. 1, 22 July 1994

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17 February 1994 External T.I. 5-940137 -

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1 May 1991 T.I. (Tax Window, No. 3, p. 28, ¶1224)

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Articles

Anna Malazhavaya, "Stock Options and Foreign", Taxation of Executive Compensation and Retirement, Vol. 23, No. 1, July/August 2011, p. 143

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Jeremy Forgie, Elizabeth H. Boyd, "Tax Issues Relating to Stock Options in the Context of Corporate Mergers, Acquisitions and Reorganizations", Taxation of Executive Compensation and Retirement, Vol. 11, No. 5, December/January 2000, p. 224.

Elizabeth H. Boyd, "Stock Options and Other Executive Compensation Arrangements in a Reorganization, Merger or Acquisition - Tax Issues", Taxation of Executive Compensation and Retirement, Vol. 10, No. 1, July/August 1998, p.3.

Paragraph 7(1)(c)

Administrative Policy

1 December 2009 External T.I. 2009-0307821E5 - TFSA Contributions - Options and Warrants

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Tax Topics - General Concepts - Fair Market Value - Options in-the-money value not reflective of option value 56

2002 Ruling 2001-010761 -

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31 October 1996 T.I. 963433 (C.T.O. "RRSP Options")

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28 April 1995 T.I. 950344 (C.T.O. "Stock Option in RRSP")

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Tax Topics - Income Tax Act - Section 146 - Subsection 146(5) 36

12 December 1989 Memorandum (May 1990 Access Letter, ¶1207)

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(2) 55

Paragraph 7(1)(e)

Administrative Policy

16 June 2014 STEP Roundtable, 2014-0523011C6 - STEP Roundtable 2014-7(1)(e)

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Tax Topics - Income Tax Act - Section 164 - Subsection 164(6.1) overview 135

21 December 2012 Internal T.I. 2009-0327221I7 - Paragraph 7(1)(e) - Death of a Taxpayer

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May 19 1995 Executive Institute Round Table, Q. 24 (C.T.O. "Employee Stock Option")

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26 April 1990 Memorandum (September 1990 Access Letter, ¶1442)

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Subsection 7(1.1) - Employee stock options

Cases

Wiebe v. The Queen, 87 DTC 5068, [1987] 1 CTC 145 (FCA)

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Administrative Policy

7 October 2016 APFF Roundtable Q. 21, 2016-0655901C6 F - Section 7 and bonus paid in share

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(3) - Paragraph 7(3)(a) s. 7 can govern bonuses paid in shares where discretion ceases prior to the issuance 254
Tax Topics - Income Tax Act - Section 84 - Subsection 84(1) - Paragraph 84(1)(b) PUC of shares issued in satisfaction of bonus equal to bonus amount 116

21 October 1996 External T.I. 5-963321 -

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28 July 1992 T.I. (Taxation of Executive Compensation and Retirement, November 1992, pp. 682-683)

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28 May 1990 T.I. (October 1990 Access Letter, ¶1450)

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Subsection 7(1.3) - Order of disposition of securities

Administrative Policy

Income Tax Technical News No. 19, 16 June 2000

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15 October 1997 T.I. 972531

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25 October 1999 T.I. 990956

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Subsection 7(1.31)

Administrative Policy

6 December 2016 External T.I. 2015-0605971E5 - Paragraph 110(1)(d.01) deduction

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Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(2.1) broker must immediately pay sales proceeds of the stock option shares directly to the charity 137

9 October 2015 APFF Financial Strategies and Financial Instruments Roundtable Q. 2, 2015-0595841C6 F - Stock option, disposition, newly-acquired security

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Subsection 7(1.4) - Exchange of options

Administrative Policy

2015 Ruling 2014-0558831R3 - No-type of property spin-off butterfly

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Distribution prior drop-down of assets to Newco/split of DC manager's business/CEC proration/replacement option issuance as boot 1106
Tax Topics - Income Tax Act - Section 86 - Subsection 86(1) new common shares with same attributes as old subject to rights of new special shares/pro rata PUC 162
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) - Paragraph 85(1)(d) proration of CEC preliminary to butterfly 154
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition splitting of fee for management of 2 divisions not a disposition of contract 139

7 May 2015 External T.I. 2015-0570801E5 - Exchange of Stock Options-7(1)(b) Applies

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(b) deduction for "amount...paid to acquire…rights" does not include value of old exchanged options 209

S4-F7-C1 - Amalgamations of Canadian Corporations

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Tax Topics - Income Tax Act - Section 100 - Subsection 100(2.1) s. 100(2.1) applies to non-qualifying amalgamation 58
Tax Topics - Income Tax Act - Section 111 - Subsection 111(12) application following amalgamation 103
Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) deemed tcp following amalgamation 155
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5.1) continuity of s. 13(5.1) on amalgamation 126
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) Amalco can continue objection and receive refunds 145
Tax Topics - Income Tax Act - Section 169 Amalco can continue objection 97
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) reserve after amalgamation 50
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Shareholder shareholder need not hold shares 82
Tax Topics - Income Tax Act - Section 251 - Subsection 251(3.1) deemed non-arm's length relationship on amalgamation 164
Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(b) realted party, majority and 50% group exceptions 448
Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(iii) reserve after amalgamation 50
Tax Topics - Income Tax Act - Section 66.7 - Subsection 66.7(7) successoring where non-wholly owned amalgamation 85
Tax Topics - Income Tax Act - Section 69 - Subsection 69(13) no disposition of predecessor property on general principles 103
Tax Topics - Income Tax Act - Section 80.01 - Subsection 80.01(3) non-87 amalgamation/no FX gain 159
Tax Topics - Income Tax Act - Section 84 - Subsection 84(3) no deemed dividend to dissenter on amalgamation 81
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) election filing by Amalco 103
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1.1) s. 87(1.1) qualifies for all s. 87 purposes 60
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1.2) successoring where non-wholly owned amalgamation 85
Tax Topics - Income Tax Act - Section 87 - Subsection 87(10) deemed listing of temporary Amalco shares 114
Tax Topics - Income Tax Act - Section 87 - Subsection 87(11) gain if high PUC is sub shares 47
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) presumptive satisfaction of s. 87(1)(a)/dissent and squeeze-outs onside 260
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(a) new corp/deemed year end coinciding or not with acquisition of control 0
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(b) Amalco must follow predecessor's valuation method subject to truer picture doctrine 58
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(c) reserve after amalgamation 103
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(d) cost amount carryover 135
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(e.1) s. 100(2.1) applies to non-qualifying amalgamation 58
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(o) no continuity rule for non-security options 133
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(q) pre-amalgamation services 96
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.11) loss-carry back to parent 159
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.1) dovetailing with s. 88(1.1) 38
Tax Topics - Income Tax Act - Section 87 - Subsection 87(3.1) 328
Tax Topics - Income Tax Act - Section 87 - Subsection 87(3) PUC shifts 181
Tax Topics - Income Tax Act - Section 87 - Subsection 87(4) fractional share cash/ACB or value shift/implied non-recognition for predecessor shares 247
Tax Topics - Income Tax Act - Section 87 - Subsection 87(7) dovetailing with s. 78 and 112(12) 171
Tax Topics - Income Tax Act - Section 87 - Subsection 87(9) allocation of s. 87(9)(c)(ii) excess as parent chooses 218
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) late designation 106
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1.1) dovetailing with s. 87(2.1) 56
Tax Topics - Income Tax Act - Section 98 - Subsection 98(5) partnership dissolution on amalgamation 123
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2.2) deemed non-arm's length relationship on amalgamation 415
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2) deemed non-arm's length relationship on amalgamation 323
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(14) class continuity on non-arm's length amalgamation 311
Tax Topics - Income Tax Regulations - Regulation 8503 - Subsection 8503(3) - Paragraph 8503(3)(b) pre-amalgamation services 96

2009 Ruling 2009-0338731R3 - Public spin-off butterfly

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1997 Ruling 9716083

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27 March 1992 T.I. (Tax Window, No. 18, p. 16, ¶1840)

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25 September 1991 Memorandum (Tax Window, No. 9, p. 10, ¶1471)

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Articles

Eva M. Krasa, "Exchange of Stock Options Under Subsection 7(1.4): Some Unexpected Issues", Taxation of Executive Compensation and Retirement, Vol. 20, No. 6, February 2009

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K.A. Siobhan Monaghan, "Reorganization of Stock Options in the Context of a Dividend-in-Kind", Corporate Structures and Groups, Vol. IV, No. 4, 1997, p. 232.

Subsection 7(1.5) - Rules where securities exchanged

Administrative Policy

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2 December 1993 T.I. 933266 (C.T.O. "Adjustments to ACB of Section 7 Shares")

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19 February 1992 T.I. (Tax Window, No. 16, p. 12, ¶1756)

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9 January 1992 T.I. (Tax Window, No. 15, p. 19, ¶1691)

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21 September 1990 T.I. (Tax Window, Prelim. No. 1, p. 5, ¶1001)

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86 C.R. - Q.65

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Firoz Ahmed, "Treatment of Employee Stock Options in Corporate Reorganizations", Canadian Current Tax, Vol. X, No. 3, December 1999, p. 23.

Dunbar, "Draft Tax Amendments Correct Technical Deficiencies in Stock Benefit Provisions", Taxation of Executive Compensation and Retirement, September 1990, p. 330.

Subsection 7(2) - Securities held by trustee

Cases

MNR v. Chrysler Canada Ltd., 92 DTC 6346 (FCTD)

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Re MNR and Chrysler Canada Ltd., 91 DTC 5526 (FCTD)

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19 September 2016 Internal T.I. 2016-0641841I7 - Employee stock option rules

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Tax Topics - Income Tax Act - Section 7 - Subsection 7(3) - Paragraph 7(3)(b) discretionary share bonus plans have no s. 7 agreement unless there is delayed vesting 323
Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d) no agreement to issue shares if vesting in employer's discretion 241

3 May 1994 T.I. 940975 (C.T.O. "Tax Adjustment for Forfeiture Under Stock Option")

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Ian MacDonald, "Trusts Holding Employee Shares - After the Initial Transfer", Taxation of Executive Compensation and Retirement, Vol 22, No.10, June 2011, p. 1415:

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Subsection 7(3) - Special provision

Paragraph 7(3)(a)

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Rogers v. The Queen, 2015 DTC 1029 [at 124], 2014 TCC 348

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) cash surrender of employee stock options for their value was not shareholder benefit 116
Tax Topics - Income Tax Act - Section 39 - Subsection 39(1) - Paragraph 39(1)(a) capital gain can arise from property which is not capital property 249
Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) exercise of stock option surrender plan for FMV was not "remuneration" 111
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Options holding one's employee stock options until just before they expire is not typical of an adventure in the nature of trade 171

Mathieu v. The Queen, 2014 TCC 207

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Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(a) separated wife was related 165
Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) may look at subsequent amendment to determine whether it changed the law 126
Tax Topics - Statutory Interpretation - Specific v. General Provisions stock option rules more specific than employee benefits 51

Ward v. The Queen, 98 DTC 2097 (TCC)

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Aylward v. The Queen, 87 DTC 1097 (TCC)

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Words and Phrases
agreed

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7 October 2016 APFF Roundtable Q. 21, 2016-0655901C6 F - Section 7 and bonus paid in share

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Tax Topics - Income Tax Act - Section 84 - Subsection 84(1) - Paragraph 84(1)(b) PUC of shares issued in satisfaction of bonus equal to bonus amount 116
Tax Topics - Income Tax Act - Section 7 - Subsection 7(1.1) 7(1.1) applicable to non-discretionary bonus payable in shares 174

2004 Ruling 2004-005692 -

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18 February 1999 Memorandum 990081

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6 December 1995 T.I. 952703 (C.T.O. "Taxation of Benefit of Employee Share Offering")

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Paragraph 7(3)(b)

Cases

The Queen v. Placer Dome Inc., 92 DTC 6402 (FCA)

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Kaiser Petroleum Ltd. v. The Queen, 90 DTC 6034 (FCTD), rev'd 90 DTC 6603 (FCA)

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See Also

Transalta Corporation v. The Queen, 2012 DTC 1106 [at 3044], 2012 TCC 86

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Words and Phrases
agree agreement

Administrative Policy

19 September 2016 Internal T.I. 2016-0641841I7 - Employee stock option rules

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Words and Phrases
agreement
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Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d) no agreement to issue shares if vesting in employer's discretion 241
Tax Topics - Income Tax Act - Section 7 - Subsection 7(2) no agreement if allocation of shares in trustee's discretion 242

29 July 2016 Internal T.I. 2015-0600941I7 - Share Based Deferred Compensation - Section 7

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3 May 2005 External T.I. 2005-0124261E5 - Employee stock purchase plan

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2005 Ruling 2005-0120771R3 - Stock Option Plan

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Tax Topics - Income Tax Act - 101-110 - Section 110 - Subsection 110(1) - Paragraph 110(1)(d) stock option rules apply to common shares tracking a closely-held partnership interest 193

18 March 2004 Internal T.I. 2004-0055311I7 -

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1999 Ruling 990259 [use of employee bond to acquire foreign parent share at initial value]

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18 February 1999 Memorandum 990081 [non-deductibility of reimbursements by Cdn employer to US parent]

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Income Tax Technical News, No. 7, 21 February 1996

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1995 Institute of Chartered Accountants of Alberta Round Table, Q. 9 (9511740)

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ATR-64 April 20, 1995 (cancelled)

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92 C.R. - Q.47

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92 C.R. - Q.45

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4 May 1992 Tax Executive's Round Table, Question 10 (December 1992 Access Letter, p. 48)

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21 November 1991 T.I. (Tax Window, No. 15, p. 16, ¶1672)

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Articles

MacKnight, "Pyrrhic Policy: Fixing the Phantom Loophole in Paragraph 7(3)(b)", 1993 Canadian Tax Journal, No. 3, p. 429.

Subsection 7(4) - Application of s. (1)

Cases

Hurd v. The Queen, 81 DTC 5140, [1981] CTC 209 (FCA)

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26 November 1992 T.I. 912281 (September 1993 Access Letter, p. 405, ¶C5-213)

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Tax Topics - Treaties - Articles of Treaties - Article 15 56

Articles

Tobias, "Taxing Benefits Realized by Former Canadian Residents", Taxation of Executive Compensation and Retirement, March 1994, p. 889

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Subsection 7(5) - Non-application of this section

Commentary

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Cases

Scott v. The Queen, 94 DTC 6193 (FCA)

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Grohne v. The Queen, 89 DTC 5220 (FCTD)

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Busby v. The Queen, 86 DTC 6018, [1986] 1 CTC 147 (FCTD)

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Bernstein v. MNR, 77 DTC 5187, [1977] CTC 328 (FCA)

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See Also

Del Grande v. The Queen, 93 DTC 133 (TCC)

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) not a shareholder benefit if option exercisable only while officer; obligation v. conferral 189
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) 63
Tax Topics - Statutory Interpretation - Specific v. General Provisions 75

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Subsection 7(6) - Sale to trustee for employees

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14 November 2013 External T.I. 2013-0500641E5 - Subsections 7(6) and 153(1) - Withholding

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Tax Topics - Income Tax Act - Section 153 - Subsection 153(1) - Paragraph 153(1)(a) employer rather than s. 7(6) trust withholds 67

Subsection 7(8)

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27 September 2016 Internal T.I. 2015-0572901I7 - Deferral of employment benefit under ss. 7(8)

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Tax Topics - Income Tax Act - Section 73 - Subsection 73(1.01) - Paragraph 73(1.01)(b) s. 7(10) deferred gain is triggered on a s. 73 rollover 200

Subsection 7(9)

Articles

K.A. Siobhan Monaghan, "Amendments to Stock Option Rules - The New Deferral of Section 7 Benefits", Corporate Structures and Groups, Vol. VI, No. 4, p. 336.

Subsection 7(11)

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