Section 85.1

Subsection 85.1(1) - Share for share exchange

Administrative Policy

2014 Ruling 2014-0530371R3 - Combination of credit unions

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Tax Topics - Income Tax Act - Section 137 - Subsection 137(4.1) s. 137(4.1) inapplicable to Buyer of credit union who winds it up rather than becoming a member 235
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) "immediately before" referenced share ownership on completion of the preceding transaction in a same-day series 240

S4-F5-C1 - Share for Share Exchange

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25 August 1991 T.I. (Tax Window, No. 8, p. 16, ¶1412)

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IT-450 "Share for Share Exchange"

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Articles

Cobb, "Share-for-Share Exchanges: Section 85.1", The Taxation of Corporate Reorganizations, 1995 Canadian Tax Journal, Vol. 43, No. 6, p. 2230.

Smith, "Corporate Restructuring Issues: Public Corporations", 1990 Corporate Management Tax Conference Report, pp. 6:8-6:10: discussion of receipt of non-share consideration.

Subsection 85.1(2.1) - Computation of paid-up capital

Administrative Policy

S4-F5-C1 - Share for Share Exchange

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17 February 2003 External T.I. 2002-017645 -

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Tax Topics - Income Tax Act - Section 84 - Subsection 84(1) no 84(1) application on tuck under 108

Subsection 85.1(3) - Disposition of shares of foreign affiliate

Administrative Policy

2016 Ruling 2015-0571441R3 - Dutch Cooperative - 93.2 & 95(2)(c)

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Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(c) rollover is available on joint drop-down of shares of a Dutch private limited liability company into a Dutch cooperative in consideration for respective credits to the membership accounts 455
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation Dutch cooperative whose articles limited member liability was a corp 251
Tax Topics - Income Tax Act - Section 93.2 - Subsection 93.2(2) membership interest in Dutch cooperative ruled to be shares 90
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Controlled Foreign Affiliate non-resident subsidiaries CFAs of bottom-tier Cdn partnership and FAs of Canadian corporate partners 126

26 May 2016 IFA Roundtable Q. 10, 2016-0642101C6 - 93.2 & 95(2)(c)

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Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(c) dropdown of shares made to an LLC as a contribution of capital deemed by s. 93.2(3) to be for "share” consideration 150
Tax Topics - Income Tax Act - Section 93.2 - Subsection 93.2(3) s. 95(2)(c) rollover can apply on a dropdown of shares made to an LLC as a contribution of capital rather than for “share” consideration 252

2016 Ruling 2016-0648991R3 - Internal spinoff reorganization of XXXXXXXXXX

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) spin-off from one sub of public company to another with no streaming of cost base and cross redemption of preferred shares 465
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares shares did not lose capital property character on internal spin-off transfer with a view to their further dorp-down 104

21 October 2013 Internal T.I. 2013-0505831I7 - Rollover and subsequent disposition of property

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Tax Topics - Income Tax Act - Section 69 - Subsection 69(11) Forco not a targeted tax exempt 243

2010 Ruling 2010-0373801R3 - Conversion from a BV to a DC

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Tax Topics - Income Tax Act - Section 95 - Subsection 95(4) - Direct Equity Percentage 44
Tax Topics - Income Tax Act - Section 86 - Subsection 86(1) exchange of shares in Netherlands BV for membership interests in Dutch coop qualified under s. 86 139
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share membership interest in Dutch coop a share 131
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition conversion of Netherlands BV to Dutch co-op 89

Articles

Tasso Lagios, Arda Minassian, "Foreign Accrual Property Income: Pitfalls for the Unwary", 1999 Conference Report, c. 3.

R. Ian Crosbie, "Canadian Income Tax Issues Relating to Cross-Border Share Exchange Transactions", 1997 Corporate Management Tax Conference Report, c. 12.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 87 - Subsection 87(8) 0

Schwartz, "Tax-Free Reorganizations of Foreign Affiliates", 1984 Canadian Tax Journal, November-December 1984, p. 1039.

Subsection 85.1(4) - Exception

Administrative Policy

25 October 1994 T.I. 941409 (C.T.O. "Transfer of Shares of Foreign Affiliate (H.A.A. 6363)")

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Subsection 85.1(5) - Foreign share for foreign share exchange

Administrative Policy

23 August 2016 External T.I. 2015-0614981E5 - Foreign Share for share Exchange

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19 June 2000 Internal T.I. 2000-002778 -

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Articles

Christopher Steeves, "Foreign Share Exchanges and Foreign Spinoffs", The Taxation of Corporate Reorganizations, 2001 Canadian Tax Journal, Vol. 49, No. 4, p. 1066.

Subsection 85.1(7) - Application of subsection (8)

Articles

Mitchell, Sherman, "SIFT Update - Conversions and Normal Growth", Corporate Finance, 2009, p. 1678.

F. Brent Perry, "Income Trusts: Reorganiations and Planning for 2011", 2008 Conference Report.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 88.1 - Subsection 88.1(2) 0