Section 183.3

Subsection 183.3(1)

Reorganization

Paragraph (b)

Articles

Joint Committee, "Subject: Proposed Part II.2 Tax – Tax on Repurchases of Equity – ‘Reorganization Transaction", 26 March 2024 Joint Committee Submission

Vertical amalgamations

  • It is common for an “Acquisitionco” to acquire all the shares of a public company target (“Targetco”), whose...

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Paragraph (c)

Articles

Joint Committee, "Subject: Proposed Part II.2 Tax – Tax on Repurchases of Equity – ‘Reorganization Transaction", 26 March 2024 Joint Committee Submission

Wind-Up of Targetco into Acquisitionco

  • A public company target (“Targetco”), whose shares are not delisted until after a delay, is acquired...

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Subsection 183.3(2)

Articles

Joint Committee, "Subject: Proposed Part II.2 Tax – Tax on Repurchases of Equity – ‘Reorganization Transaction", 26 March 2024 Joint Committee Submission

Potential duplication under s. 183.3(2)

  • Under a literal reading of s. 183.3(2), every covered entity would have an amount under Variable B when...

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Variable B

Articles

Joint Committee, "Subject: Proposed Part II.2 Tax – Tax on Repurchases of Equity – ‘Reorganization Transaction", 26 March 2024 Joint Committee Submission

Acquisition of Targetco for cash and Acquisitionco equity

  • Where the shareholders of Targetco (which will not be delisted until some time...

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