Subsection 112(1) - Deduction of taxable dividends received by corporation resident in Canada
Cases
Minister of National Revenue v. Trans-Canada Investment Corporation Ltd., 55 DTC 1191, [1955] CTC 275, [1956] S.C.R. 49
The respondent bought shares in Canadian corporations and endorsed them to a trustee who in turn issued investment certificates to the respondent,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 83 | |
| Tax Topics - Statutory Interpretation - Expressio Unius est Exclusio Alterius | 39 |
Administrative Policy
13 December 1989 T.I. (May 1990 Access Letter, ¶1228)
The deduction under s. 112(1) is applicable to dividends received by a corporation on shares included in its inventory insofar as ss.112(2.1),...
84 C.R. - Q.80
RC will scrutinize whether payments made under dividend rentals purporting to be dividends are in fact such.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 17 |
Subsection 112(2.1) - No deduction permitted
See Also
Heron Bay Investments Ltd. v. The Queen, 2009 DTC 1606, 2009 DTC 1288
In obiter dicta, Hogan, J. noted (at para. 66) that the prohibition against an inter-corporate dividend deduction in s. 112(2.1) would apply where...
Société d’Investissement Desjardins v. Minister of National Revenue, 91 DTC 393, [1991] 1 CTC 2214 (TCC)
The taxpayer, which was a venture capital corporation, was found not to have received a deemed dividend on a term preferred share in the ordinary...
Reed v. Nova Securities Ltd., [1985] BTC 121 (HL)
As interpreted in General Motors Acceptance Corporation (U.K.) Ltd. v. IRC, [1987] BTC 71 (C.A.).
Shares acquired by the taxpayer did not...
Blok-Andersen v. MNR, 72 DTC 6309 (FCTD)
In the course of considering a submission that s. 85B(1)(B) of the pre-1972 Act (now s. 12(1)(b)) did not apply to an adventure in the nature of...
Administrative Policy
92 C.M.TC - Q.12
The position at 84 C.R. - Q.62 is affirmed. Whether the corporation is an SFI only by virtue of being related to a financial institution is not...
19 March 1992 T.I. (Tax Window, No. 18, p. 11, ¶1819)
Generally, shares issued on the incorporation of a wholly-owned subsidiary where the proceeds are used to constitute permanent capital of the...
20 December 1990 Memorandum (Tax Window, Prelim. No. 3, p. 25, ¶1122)
The courts have rejected arguments to the effect that all securities acquired by certain types of corporation such as banks or life insurers have...
86 C.R. - Q.15
(1) shares acquired from a related corporation in the course of its reorganization that are quickly redeemed generally will not be considered to...
ATR-10 (31 July 86)
S.112(2.1) would not apply to the issuance of term preferred shares (which are retractable and have a participating dividend) by a subsidiary to...
84 C.R. - Q.62
Factors considered in determining whether shares were acquired in the ordinary course, including whether the funds raised on issuance provided...
80 C.R. - Q.23
Shares issued on the incorporation of a wholly-owned subsidiary would not as a rule be issued "in the ordinary course of business".
Articles
Elizabeth J. Johnson, James R. Wilson, "Financing Foreign Affiliates: The Term Preferred Share Rules and Tower Structures", (2006), vol. 54, no. 3 Canadian Tax Journal, 726-761.
Fien, "A Directors' Liability and Indemnifications, Section 160 Assessments and Ordinary Course of Business Provisions", 1992 Conference Report , pp.53:32-53:35.
Subsection 112(2.2) - Guaranteed shares
Administrative Policy
86 C.R. - Q. 14
The conditions respecting whether the guarantor is an SFI or associated with the issuer are relevant at the time a dividend is paid and not simply...
Articles
Webb, "Structuring International Joint Ventures: Canadian Tax Issues to Consider", Bulletin for International Fiscal Documentation , Vol. 48, No. 8/9, August/September 1994, Special IFA issue, p. 448
Discussion of "Unilever" and "Xerox" models.
Dyer, "Preferred Share Financing", 1986 Corporate Management Tax Conference, p. 20.
Discussion of background behind repeal of s. 112(2.2)(f) effective May 23, 1985.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Term Preferred Share | 0 |
Subsection 112(3) - Loss on share that is capital property
Cases
Toronto-Dominion Bank v. Canada, 2011 DTC 5125 [at 6061], 2011 FCA 221, [2011] 6 CTC 19
The taxpayer ("TD") held common and preferred shares in a Canadian real estate company ("Oxford"). TD received dividends from Oxford over a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Transitional Provisions | 163 | |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(9) | 117 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | 123 | |
| Tax Topics - Statutory Interpretation - Ordinary Meaning | clear wording | 80 |
Administrative Policy
24 November 2013 CTF Roundtable, 2013-0508161C6 - Loss on disposition of shares
A shareholder having an accrued foreign exchange loss on common shares of an FA and an accrued foreign exchange gain on a related party debt used...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | loss preservation transactions which did not satisfy the s. 93(2.01) requirements | 205 |
| Tax Topics - Income Tax Act - Section 93 - Subsection 93(2.01) | loss preservation transactions which did not satisfy the s. 93(2.01) requirements | 227 |
7 October 2011 APFF Roundtable Q. 17, 2011-0412171C6 - 112(7) - Share-for-Share Exchange - 85(1)
where there is an exchange of 100 common shares in the capital of a corporation for 100 "new" common shares in its capital, there could be...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 50 | |
| Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) | no disposition if "new" share rights identical | 50 |
1996 A.P.F.F. Round Table No. 7M12910 (Item 2.1)
Because most transactions contemplated in s. 85.1 (unlike those contemplated in s. 85) significantly change the taxpayer's participation in...
Articles
Didier Fréchette, Ryan Rabinovitch, "Current Issues Involving Foreign Exchange", 2015 CTF Annual Conference paper
Streaming of dividends on preferred shares for loss-shifting rather than 112(3) avoidance reasons (p. 42)
A similar issue [to the avoidance of s....
Subsection 112(3.2) - Loss on share held by trust
Administrative Policy
16 June 2014 STEP Roundtable, 2014-0523061C6 - Trust audit issues
2009-031060117 concerned the redemption of common shares held by an estate in its first year, with the aggregate capital loss realized carried...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(21) | capital gain distributed to different beneficiary | 137 |
| Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) | benefit conferred when trust shares redeemed at undervalue | 196 |
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts | executors lacked power to make gift | 92 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees | legal and accounting expenses | 45 |
| Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) | settlor taking back undervalued freeze shares | 76 |
1996 Ontario Tax Conference Round Table under "S.112 Stop-Loss Amendments, Q. 1 to 4", 1997 Canadian Tax Journal , at pp. 215-218
Discussion of anomaly in s. 112(3.2) and of grandfathering rules.
Articles
Kevin Wark, "Corporate-Owned Insurance: Revisiting Share Redemption Arrangements", CALU Report, August 2004.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.6) | 0 |
Joel Cuperfain, "Got Me Those 'Low Capital Gain, High Dividend Tax, Stop-Loss Rules, Estate Planning' Blues", Personal Tax Planning, 2002 Canadian Tax Journal, Vol. 49, No. 3, p. 764.
Jack Bernstein, "Don't Waste Capital Dividends", Canadian Tax Highlights, Vol. 8, No. 9, 26 September 2000, p.71.
Subsection 112(4) - Loss on share that is not capital property
Administrative Policy
7 April 1993 Memorandum (Tax Window, No. 31, p. 6, ¶2513)
A standard distress preferred share ruling is that s. 112(4) will not apply in respect of any dividends received by the specified financial...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 43 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) | 63 |
91 C.R. - Q.34
Re interaction between ss.112(4) and (4.1).
19 November 1990 Memorandum (Tax Window, Prelim. No. 2, p. 18, ¶1041)
Discussion of a situation which s. 112(4)(e) was intended to cure.
Subsection 112(4.1) - Fair market value of shares held as inventory
Administrative Policy
1995 T.E.I. Round Table, Q. 18, 953112 (C.T.O. "Dividends on Shares Held as Inventory")
A taxpayer who has chosen pursuant to Regulation 1801 to value all its inventory at fair market value will recognize a gain where the deemed fair...
Subsection 112(8)
Subsection 112(9)
Administrative Policy
Edward Miller and Matias Milet, "Derivative Forward Agreements and Synthetic Disposition Arrangements", 2013 Conference Report, (Canadian Tax Foundation), pp.10:1-50
Example of interaction between ss. 112(9) and (8) (p.10:42)
[S]ubsection 112(9) expressly provides that the 365 day period is determined without...
Articles
Raj Juneja, "Taxation of equity derivatives", draft 2015 CTF Annual Conference paper
Deemed non-ownership under SDA for stop-loss purposes (p. 11)
An additional rule in subsections 112(8) and (9) also applies where the derivative...
Subsection 112(10)
Articles
Raj Juneja, "Taxation of equity derivatives", draft 2015 CTF Annual Conference paper
Ordering rule limiting access to 365-day stop-loss exception (p.11)
[A] specific ordering rule will be included in subsection 112(10) which...