Section 86.1

Subsection 86.1(2) - Eligible distribution

Cases

Morasse v. The Queen, 2004 DTC 2435, 2004 TCC 239 (Informal Procedure)

The taxpayer, who held American Depositary Receipts for a Mexican public company (Telmex) became the owner of an equal number of shares of another...

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Administrative Policy

25 November 2021 CTF Roundtable Q. 3, 2021-0912101C6 - 86.1 exchange of shares

US Pubco (a US-listed corporation) will package (pursuant to a Canadian butterfly) one of its businesses into a new US corporation (US Pubco...

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14 January 2020 Internal T.I. 2018-0785991I7 F - Subsection 86.1(2)

At all times, the central management and Parentco, and its newly-incorporated subsidiary (Splitco), consisted of two actively-traded classes of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Common Share tracking shares were common shares 114

2014 Ruling 2014-0530961R3 - Cross-Border Butterfly

In connection with a spin-off by a U.S. public company (Foreign PubCo) of a U.S. subsidiary (Foreign Spinco) to which one of its businesses was...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Distribution U.S./Cda b/f including conversion of Foreign Spinco and TC from fiscally disregarded to regarded for Code purposes/2-stage transfer to TC of cash assets/post-b/f dividend by DC/s. 86.1 treatment/proportionate allocation of Foreign Spinco debt 1479
Tax Topics - Income Tax Act - Section 55 - Subsection 55(3.1) - Paragraph 55(3.1)(b) - Subparagraph 55(3.1)(b)(i) pro rata allocation of Foreign Spinco debt 180

10 October 2014 APFF Roundtable Q. 4, 2014-0534831C6 F - 2014 APFF Roundtable, Q. 4 - Late-filed 86.1 election & 220(3.5) penalty

Is the making of a late election generally accepted without application of the penalty of $100 per month if the absence of a timely election is...

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8 October 2004 APFF Roundtable Q. 2, 2004-0085671C6 F - Scission d'entreprise - choix de 86.1

CRA provided a general listing of sources of CRA assistance and information on s. 86.1.

Eligible spin-offs

//www.cra-arc.gc.ca/tx/bsnss/tpcs/frgncrp-eng.html">"Information for foreign corporations" 6 March 2012: Respecting the requirement in s....

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 86.1 - Subsection 86.1(2) 118

Eligible spin-offs

Includes a simple numerical example. Also describes how a corporate shareholder which files electronically is to provide the required information,...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 86.1 - Subsection 86.1(2) 115

Paragraph 86.1(2)(b)

Administrative Policy

21 November 2003 External T.I. 2003-0023925 F - Distribution non-admissible au sens de 86.1

A reorganization with a distribution entailed the shareholders of a Mexican company listed on an exchange (“Mexco”) being issued shares in of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 52 - Subsection 52(2) distributed shares had ACB equal to the s. 90 inclusion of their FMV 97

30 January 2003 Internal T.I. 2002-0157307 F - Article 86.1 et fractions d'action

As part of a reorganization, Aco distributed to its shareholders one share of Bco for each X shares of Aco held by them (the "Reorganization")....

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Paragraph 86.1(2)(f)

Administrative Policy

7 October 2020 APFF Financial Strategies and Instruments Roundtable Q. 3, 2020-0848761C6 F - Réorganisations de sociétés étrangères avec dérivation admissibles

After noting that its webpage listing “eligible distributions” previously had only provided one date for each distribution, being the date of...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.1) CRA may consider the delays until its approval of a s. 86.1 spin-off re s. 220(3.5) penalties 162

Subsection 86.1(3)

Administrative Policy

4 February 2002 Internal T.I. 2002-0118937 F - Calcul du paragraphe 86.1(3) de la Loi

The Directorate stated:

If a fraction of a spin-off share is issued for each original share, that fraction must be treated as a share for the...

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