Subsection 49(1) - Granting of options
See Also
CIR v. Scottish Provident Institution, [2004] UKHL 52
The Special Commissioners concluded that under an arrangement whereby the respondent ("SPI") granted an option to Citibank International PLC...
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|---|---|---|
| Tax Topics - General Concepts - Ownership | 155 |
Mitsui & Co. (Canada) Ltd. v. Royal Bank of Canada, [1995] 2 S.C.R. 187
Before finding that a clause in a lease giving the lessee the unilateral right to compel the lessor to sell helicopters to the lessee at their...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 49 - Subsection 49(3) | 143 |
Kopec v. Pyret, [1987] 3 WWR 449 (Sask. C.A.)
A right of first refusal contained in a lease was not an option. An option gives to the optionee at the time it is granted a right which he may...
Canadian Long Island Petroleums Ltd. et al. v. Irving Industries Ltd., [1974] 6 WWR 385, [1975] 2 S.C.R. 715
A right of first refusal, unlike an option, is only a personal right rather than an interest in land, and therefore is not subject to the rule...
Administrative Policy
Income Tax Technical News No. 44 13 April 2011 [archived]
CRA stated:
[W]hen a holder of an exchangeable debenture exercises the right to exchange the debenture for the target shares, the holder would...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(a) | inter-provincial loss shifting | 65 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | exchangeable debenture appreciation not recognized | 90 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(f) | exchangeable debenture appreciation not recognized | 106 |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) | FMV basis in contributed property | 35 |
| Tax Topics - Treaties - Article 10 | use of s.à r.l. | 123 |
2004 APFF Roundtable Q. 13, 2004-008699
Discussion of CRA position that where a lease contains a bargain purchase option, a portion of each rent payment may be considered to be a payment...
92 C.R. - Q.51
Warrants issued in connection with a "poison pill" arrangement are a form of option and, therefore, are subject to the usual option rules.
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|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 36 | |
| Tax Topics - Income Tax Regulations - Regulation 4900 - Subsection 4900(1) - Paragraph 4900(1)(e) | 51 |
IT-96R5 "Options Granted by Corporations to Acquire Shares, Bonds or Debentures"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 49 - Subsection 49(3) | 0 |
Articles
Jack Bernstein, "Canadian Tax Treatment of Index Participation Units and Exchange Traded Index Derivates", 35 Tax Notes International, 20 September 2004, p. 1107.
Watkins, "Equity Exchangeable Debentures and Appreciation Rights", 1993 Conference Report, C. 20; and Kingissepp, "Summaries of Corporate Finance Panel Discussion", 1993 Conference Report, C. 21
Discussion of whether s. 49 applied to an offering of "appreciation rights" by Canadian Pacific.
Subsection 49(2) - Expired option — shares
See Also
Garner v. Pounds Shipowners and Shipbreakers Ltd., [1997] BTC 223 (Ch. D.)
The taxpayer received £399,750 for granting an option to buy land at a sale price of over £4M, but subject to a condition that the taxpayer was...
Subsection 49(3) - Where option to acquire exercised
Cases
Salt v. The Queen, 84 DTC 6395, [1984] CTC 414 (FCTD)
It was argued by a taxpayer who had granted an option to purchase his land that the Act included no provision permitting the taxation of payments...
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|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Land | 43 | |
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | 104 | |
| Tax Topics - Income Tax Act - Section 68 | 53 |
See Also
Mitsui & Co. (Canada) Ltd. v. Royal Bank of Canada, [1995] 2 S.C.R. 187
Major J. noted, with respect to a clause in a lease that gave the lessee the unilateral right to compel the lessor to sell helicopters to the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) | 106 |
Administrative Policy
28 November 2001 Internal T.I. 2001-009124
S.49(3) did not apply to deem the exercise of employee stock options held by a non-resident former employee to not be a disposition of the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 116 - Subsection 116(5) | 131 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 131 |
2003 Ruling 2003-002803
A lease is amended to add an option to purchase and to increase the annual lease payment by an amount that would be in excess of the fair market...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 159 |
6 September 1994 Memorandum 941986 and 942090 (C.T.O. "Are Special Warrants Flow-through Shares?)
Special warrants to acquire shares that if not exercised prior to the specified expiry time are deemed to be exercised at that time without any...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 66 - Subsection 66(15) - Flow-Through Share | 26 |
IT-96R5 "Options Granted by Corporations to Acquire Shares, Bonds or Debentures"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) | 0 |