Equity for Management 2 ed.

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• Ruling Directorate
  • 2021-0883001C6    §2008 — Family Option Transfers — Vested In Person
    • Trust As Person — taxpayer and personal trust deemed not dealing at arm's length?vested in person as beneficial ownership under a trust?employee as beneficial owner?alter ego trust as vested person after transfer from employee?transfer from alter ego trust?circular transactions
  • 2020-0864831I7    §1301 — RSU — Staggered Units
    • — bonus paid in units?units with different redemption terms?latest term beyond 3-year deferral?structuring bonus as 3 awards
  • 2020-0850281I7    §1244 — Deferred Compensation — Salary Deferral Arrangement
    • Contingent — contingent right?amount as right to income?right to share?person having right, indeterminable?annual applicability
  • 2020-0850281I7    §1245 — Deferred Compensation — Salary Deferral Arrangement
    • Postponement Purpose — main purposes?several main purposes??purpose of taxpayer or employer?purpose of individual employee?current services subject to vesting, or future services
  • 2020-0850281I7    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 2020-0850281I7    §1258 — Deferred Compensation — Appreciation Rights
    • PARS — performance appreciation rights?appreciation computed by reference to earnings?metric tied to business unit?partnerships?no rulings for formula plans?bonus plans and appreciation rights, compared
  • 2020-0841961I7    §1256 — Deferred Compensation — Appreciation Rights
    • Accrual Basis For Plans — appreciation plans?stating value as deferred amount?annual increase as deferred amount?tax postponement as annual test?limited exception for no starting value rights
  • 2020-0841961I7    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 2020-0841961I7    §1258 — Deferred Compensation — Appreciation Rights
    • PARS — performance appreciation rights?appreciation computed by reference to earnings?metric tied to business unit?partnerships?no rulings for formula plans?bonus plans and appreciation rights, compared
  • 2020-0840681E5    §1051 — The Offer — Variable Award
    • Net Of Tax Settlement — settlement net of withholding?fewer number of shares, difference remitted as withholding?net shares as determinable number?settlement as consideration for rights surrender?source deduction not deductible?
  • 2020-0840681E5    §1231 — Election By Employer To Forego Deduction — Net Share Settlement
    • — payment deductible?benefit deduction, no acquisition of shares?election to renounce employer deduction?election where no deduction?amount payable under agreement
  • 2020-0840681E5    §2413 — Option Settlement Costs — Net Of Tax Settlement
    • — deduction of tax withheld?cash benefit or share benefit?directorate policy reversed
  • 2019-0832211I7    §1338 — Non-resident Benefit — CRA Option Methodology
    • CRA New Position, 2012 — apportionment for foreign source income?days of employment in country?OECD method?foreign tax credit?stock option source fictions
  • 2019-0832211I7    §1340 — Non-resident Benefit — CRA Hybrid Methodology
    • Other Stock-based Benefits — apportionment for noncompliant stock options?SAR and PAR?salary deferral arrangement, DSU and RSU?employee benefit plan?international allocation of deferred benefits?hybrid methodology
  • 2019-0832211I7    §1341 — Non-resident Benefit — CRA Hybrid Methodology
    • Scope And Rules — in-the-money allocation to grant year?appreciation allocated to vesting period?benefits subject to hybrid method?stock option benefits with starting value
  • 2019-0832211I7    §1342 — Non-resident Benefit — CRA Hybrid Methodology
    • Example — restricted shares?immigration?deemed benefit under agreement?basis for foreign tax credit
  • 2019-0832211I7    §1343 — Non-resident Benefit — CRA Hybrid Methodology
    • CRA Assumptions — when employment income is earned?initial value apportionment?vesting period allocation?directorate policy evolution?theoretically neutral assumption
  • 2019-0832211I7    §1344 — Non-resident Benefit — CRA Hybrid Methodology
    • Repudiation Of OECD? — stock option, future services or past services?OECD presumption, future services?hybrid assumption, initial value for past services?not consistent with OECD for stock options
  • 2019-0832211I7    §1346 — Non-resident Benefit — CRA Hybrid Methodology
    • Fact-based Determination — factual determination?vesting as compelling evidence??release of public policy?guidance for period not covered by announcement?revocation of past document
  • 2019-0832211I7    §1381 — US Treaty Benefit — Relief Based On Benefit Apportionment
    • — basis for apportionment, principal place of employment?grant-to-exercise period?exception for past service
  • 2018-0782361C6    §1084 — Benefits Outside Section 7 — Benefit As Share Offer
    • Robertson FCA — two benefits?benefit upon grant or exercise?quantification not feasible before exercise?value after vesting as investment
  • 2018-0782361C6    §1407 — Withholding And Reporting — Reporting
    • Reporting Benefits And Deduction — reporting benefit, box 14 and box 38?reporting benefit deduction?reporting CCPC benefits?actual payment not coinciding with reporting obligation?reporting CPP and EI
  • 2018-0781951I7    §2400 — Share Expenditures — Advances, Reimbursement
    • — grantor not issuer?recharge for option or benefit expense?advance of recharge amount?cost amount of advance?advance as expenditure because of option or shares
  • 2018-0781951I7    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2018-0781951I7    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 2018-0773301E5    §2162 — Gift Of Securities — Brokered Gift
    • Donation — Donation — donation at law?time of gift deemed time of payment?no withholding if brokered gift
  • 2018-0766441I7    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2018-0762101I7    §1265 — Deferred Compensation — Appreciation Rights
    • Exchange For Other Rights — nil starting value appreciation right?on change of control election to receive units under SDA exception plan?no inclusion of income on conversion?new promise to pay with different right not payment?gain on old promise as different property?appreciation right as entitlement
  • 2018-0762101I7    §2346 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP Conversion — EPSP conversion?loan and dividend mechanics?SDA exclusion?share rollout from EPSP?employer deductibility
  • 2018-0762101I7    §2347 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP As GAAR Reference — disposition upon conversion?SDA, deferred amount?downward protection?open shares exclusion?GAAR referral
  • 2018-0762101I7    §2371 — Expensing — Plan Contributions
    • Profit-Sharing Plan — employees profit sharing plan, treasury shares, primacy of stock benefit agreement?deferred profit sharing plan, no primacy
  • 2018-0753611E5    §2368 — Emigration And Immigration — Foreign Property
    • — reporting foreign property?cost amount of option?option as capital property
  • 2018-0744111C6    §2004 — Family Option Transfers — Rights Becoming Vested
    • Vesting Indefeasibly — use in relation to trusts, gifts and estates?"with no strings attached" if indefeasible?otherwise no absolute right nor immediate enjoyment required?becoming vested not necessarily irrevocable?validity of transfer under plan?vesting where transfer null
  • 2017-0737571E5    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 2017-0737571E5    §1289 — Share-based Dividend Equivalents — RSUs
    • — deferred bonus plan?dividend equivalent not additional bonus?early payout of dividend equivalent, no postponement of tax for RSU??appreciation plan, future or current services
  • 2017-0737571E5    §1290 — Share-based Dividend Equivalents — DSUs
    • — end of employment plan?dividend-equivalents, offside DSU conditions??dividend-equivalents as total return promise?accelerated cash payment of dividend-equivalents disqualifies plan
  • 2017-0737571E5    §1292 — Share-based Dividend Equivalents — Appreciation Rights
    • — forward appreciation unit?dividend equivalent on units settled in cash before maturity?future compensation or deferred compensation??not separate hybrid arrangement
  • 2017-0735481E5    §1411 — Withholding And Reporting — Withholding
    • Salary, Wages Or Other Remuneration — salary or wages equated to income?withholding for remuneration not restricted to income?nonincome stock benefit, paid as remuneration, technical exposure
  • 2017-0728851E5    §1249 — Deferred Compensation — Salary Deferral Arrangement
    • Excluded Arrangements — pension plans, profit sharing plans, employee trusts, etc.?deferred salary leave plans?bonus plans and end of employment plans?deferred compensation election as plan feature
  • 2017-0727811E5    §2049 — CCPC Share Dispositions — Synthetic Dispositions
    • — short sale, not disposition?introduction of synthetic dispositions?price guarantee as disposition
  • 2017-0724191C6    §1232 — Election By Employer To Forego Deduction — No Deduction To Forego
    • — renouncing nondeductible amounts?deduction for non-qualified securities?deduction under foreign legislation
  • 2017-0709811I7    §1413 — Withholding And Reporting — Remuneration Paid As A Bonus
    • CCPC Shares — no withholding for CCPC benefit?benefit on disposition of CCPC share, not on exchange
  • 2017-0699201R3    §2403 — Share Expenditures — Shares For Shares
    • — cost recognition?statutory rules for reorganizations?directorate policy for reductions?nil cost on exchange of agreement shares
  • 2017-0692931E5    §2048 — CCPC Share Dispositions — Bankruptcy Or Insolvency
    • — no deemed disposition under subdivision a?disposition upon cancellation?allowable business investment loss
  • 2016-0677351E5    §1425 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Resident Payor — withholding, payment to non-resident employee?no withholding, person neither resident nor employed in Canada?withholding, director attending meetings in Canada?duties in Canada, prorating deemed benefit?prorating benefit deduction
  • 2016-0674411E5    §1050 — The Offer — Variable Award
    • Net Share Settlement — net settlement as benefit in kind?net settlement as zero price option?determinable number of shares?CCPC benefit deferral?benefit deduction?deductibility
  • 2016-0674411E5    §1051 — The Offer — Variable Award
    • Net Of Tax Settlement — settlement net of withholding?fewer number of shares, difference remitted as withholding?net shares as determinable number?settlement as consideration for rights surrender?source deduction not deductible?
  • 2016-0674411E5    §1231 — Election By Employer To Forego Deduction — Net Share Settlement
    • — payment deductible?benefit deduction, no acquisition of shares?election to renounce employer deduction?election where no deduction?amount payable under agreement
  • 2016-0674411E5    §1232 — Election By Employer To Forego Deduction — No Deduction To Forego
    • — renouncing nondeductible amounts?deduction for non-qualified securities?deduction under foreign legislation
  • 2016-0674411E5    §1269 — DSU — DSU Typical Plans
    • Canadian Supplement To International Plan — Canadian directors and officers of Canadian subsidiaries?optional credit?officer, up to x% of salary and y% of incentive award?director, up to x% of both retainer and meeting fees?unit value based on listed shares of non-Canadian parent?settlement at end of employment?no cash settlement?treasury or open market shares, employer discretion?share settlement net of tax
  • 2016-0674411E5    §2412 — Option Settlement Costs — Net Settlement
    • — shares issued under compliant agreement, no deduction?share issued as consideration for rights, deduction allowed??if compliant agreement when "the" shares determined, no deduction?net settlement as alternative agreement
  • 2016-0673331E5    §1088 — Benefits Outside Section 7 — Third-party Option
    • Directorate Policy — receipt of option?not offer of shares by employer?benefit equal to option FMV?conditions attached to option?gain on sale of shares
  • 2016-0673331E5    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy?intrinsic method not only basis?intrinsic appropriate when benefit coincides with exercise?no standard discount for trading restriction?IFRS valuation methods, limited application
  • 2016-0673331E5    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2016-0673331E5    §1187 — Benefit Outside Employment — Consultants
    • Service Corporation — options earned by consulting corporation?options transferred to employee?employee benefit measured as fair market value?option attributed by client to employee?attribution of income
  • 2016-0672931E5    §1232 — Election By Employer To Forego Deduction — No Deduction To Forego
    • — renouncing nondeductible amounts?deduction for non-qualified securities?deduction under foreign legislation
  • 2016-0672931E5    §2412 — Option Settlement Costs — Net Settlement
    • — shares issued under compliant agreement, no deduction?share issued as consideration for rights, deduction allowed??if compliant agreement when "the" shares determined, no deduction?net settlement as alternative agreement
  • 2016-0670201C6    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2016-0670201C6    §2401 — Share Expenditures — Shares For Debt
    • — loan by shareholder?principal repaid by issuing shares?debtor's gain or loss?creditor's consideration?reduction of forgiven amount
  • 2016-0663971I7    §1234 — Deferred Compensation — Constructive Receipt
    • Overview — continuum from earning to payment?amount declared, paid, payable, owing, available for payment?amount as good as paid
  • 2016-0655901C6    §1023 — The Agreement — Directorate Policy
    • Share Bonus Plan — discretionary bonus?partial discretion exercised before settlement?agreement to issue shares where employer binds itself
  • 2016-0655901C6    §2058 — Paid-up Capital — Bonus Shares
    • Past Services — stated capital as amount of bonus?as accrued liability under deferred plans?as liability recognized on payment of discretionary bonus?liability on payment offset by paid-up capital increase
  • 2016-0655901C6    §2059 — Paid-up Capital — Bonus Shares
    • Paid-up Capital — dividend on increase of paid-up capital?net asset test?class dividend?dividend sheltered by safe harbour?
  • 2016-0655901C6    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2016-0652801C6    §1299 — RSU — "To Be Paid" Within 3 Years
    • — amount stated as payable after 3 years?amount not determined when payable?payable and available for payment?"to be paid" but not in fact paid?bonus and top-up distinct
  • 2016-0641961I7    §1260 — Deferred Compensation — Appreciation Rights
    • Accrual As Deferred Amount — right or entitlement?right to salary postponed by employee?inclusion of accruals?variation in value of deferral?amount accrued distinguished
  • 2016-0641961I7    §2350 — Unit Exchanges — 409A Maturity
    • Disqualification From Inception — change of control as termination?plan not compliant ab initio following ruling policy reversal
  • 2016-0641961I7    §2356 — Unit Exchanges — Reassessment
    • — inclusion of deferred amount in year becoming noncompliant?statutory reassessment limitation?year of liability or year of reporting??deductibility of deferred amount inclusion
  • 2016-0641841I7    §1005 — The Agreement — CRA Current Policy
    • — review of cases?which type of agreement??agency endorsement of legally-binding agreement condition?condition as break in historic interpretation
  • 2016-0641841I7    §1020 — The Agreement — Directorate Policy
    • Discretionary Share Bonus Plan — award fully discretionary?discretion as to quantum and cash or share settlement?where employer later commits to issue of shares, binding agreement
  • 2016-0641841I7    §1021 — The Agreement — Directorate Policy
    • Informal Undertaking — no binding commitment?allocation of shares, no specific award?notice instituting right to exercise option?no agreement prior to notice
  • 2016-0641841I7    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 2016-0641841I7    §1028 — The Agreement — Directorate Policy
    • Employee Share Purchase Plan — offer to subscribe for any number of shares?employer bound to accept subscription?agreement, discount not deductible?discretion to accept subscription
  • 2016-0641841I7    §1044 — The Offer — Share Purchase Plans
    • — unilateral offer under employee share purchase plan?time of agreement, unilateral offer or subscription?specific if determinable?specific as determined
  • 2016-0641841I7    §1252 — Deferred Compensation — Section 7 Rights
    • Bonus Shares — share or cash bonus at employer's discretion, no agreement?application of SDA provisions to bonus?if share settlement agreed, SDA inapplicable?deduction of employee forfeit?recapture of employer deduction?SDA applicable to disqualified agreement
  • 2016-0641841I7    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2015-0610801C6    §2343 — Unit Exchanges — Unit Exchanges
    • RSU DSU Interconvertibility — convertibility as disqualifying maturity?directorate policy reversed, no ruling for conversion?remaining plan customization
  • 2015-0610801C6    §2348 — Unit Exchanges — 409A Maturity
    • Unit Exchanges — events incompatible, Canada and US?grandfathering for revoked policy
  • 2015-0608211E5    §2382 — Expensing — Option
    • Legal Concept — common or civil law meaning?primary or accessory contract?option as multiform undertaking?similar right?option or obligation
  • 2015-0605971E5    §2160 — Gift Of Securities — Brokered Gift
    • Dispose Of And Pay — Dispose Of And Pay — broker actions, not taxpayer's?direction to act immediately?delays
  • 2015-0605971E5    §2161 — Gift Of Securities — Brokered Gift
    • Payment Of Proceeds — Payment Of Proceeds — payment to charity by broker?gift of proceeds of short sale, not compliant?value discrepancy between exercise and actual sale
  • 2015-0600941I7    §1024 — The Agreement — Directorate Policy
    • Deferred Stock Grant — right to shares?acquisition deferred for fixed period?agreement, cost not deductible?structured as restricted share bonus,?cost deductible
  • 2015-0600941I7    §1025 — The Agreement — Directorate Policy
    • Restricted Stock — stock issued or to be issued subject to restriction?no discretion?agreement to issue shares, cost not deductible
  • 2015-0600941I7    §1026 — The Agreement — Directorate Policy
    • Stock Appreciation Right — settlement cash or treasury shares or combination?discretion, no agreement, no deduction of cost
  • 2015-0600941I7    §1027 — The Agreement — Directorate Policy
    • Performance Shares — performance shares, award within range?range determined at maturity?discretion for quantum?discretion for cash or shares?agreement to issue shares, cost not deductible
  • 2015-0600941I7    §1028 — The Agreement — Directorate Policy
    • Employee Share Purchase Plan — offer to subscribe for any number of shares?employer bound to accept subscription?agreement, discount not deductible?discretion to accept subscription
  • 2015-0600941I7    §1044 — The Offer — Share Purchase Plans
    • — unilateral offer under employee share purchase plan?time of agreement, unilateral offer or subscription?specific if determinable?specific as determined
  • 2015-0600941I7    §1155 — Bonus Or Restricted Shares — Unissued Shares
    • — transfer of beneficial ownership to shares, issuance later?benefit when shares acquired, not when issued?legally bound to issue shares after discretionary bonus paid
  • 2015-0600941I7    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2015-0600941I7    §2411 — Option Settlement Costs — Share Settlement
    • — legally-binding agreement, no deduction?share settlement declined?cash settlement induced
  • 2015-0595841C6    §2072 — Selling Deferred Shares — Identification
    • Two Or Dispositions — designations in 31-day window?when evaluated?time of disposition, filing, window close?nonidentical on subsequent disposition
  • 2015-0588981C6    §1071 — The Benefit — Foreign Exchange
    • Meaning Of Exercise Date — amounts relevant to benefit?value upon acquisition?cashless exercise?acquisition before settlement date
  • 2015-0586831R3    §1310 — Supplementary Pension — Settlement
    • — in lieu of pension payments reported as employment income?settlement recognized as pension
  • 2015-0585171E5    §1229 — Election By Employer To Forego Deduction — Arm's Length Relationship
    • — time for evaluating relationship with particular qualifying corporation?time of agreement, payment, election or deduction
  • 2015-0577801E5    §1249 — Deferred Compensation — Salary Deferral Arrangement
    • Excluded Arrangements — pension plans, profit sharing plans, employee trusts, etc.?deferred salary leave plans?bonus plans and end of employment plans?deferred compensation election as plan feature
  • 2015-0572381E5    §1050 — The Offer — Variable Award
    • Net Share Settlement — net settlement as benefit in kind?net settlement as zero price option?determinable number of shares?CCPC benefit deferral?benefit deduction?deductibility
  • 2015-0572381E5    §1051 — The Offer — Variable Award
    • Net Of Tax Settlement — settlement net of withholding?fewer number of shares, difference remitted as withholding?net shares as determinable number?settlement as consideration for rights surrender?source deduction not deductible?
  • 2015-0572381E5    §1231 — Election By Employer To Forego Deduction — Net Share Settlement
    • — payment deductible?benefit deduction, no acquisition of shares?election to renounce employer deduction?election where no deduction?amount payable under agreement
  • 2015-0572381E5    §1232 — Election By Employer To Forego Deduction — No Deduction To Forego
    • — renouncing nondeductible amounts?deduction for non-qualified securities?deduction under foreign legislation
  • 2015-0572381E5    §2412 — Option Settlement Costs — Net Settlement
    • — shares issued under compliant agreement, no deduction?share issued as consideration for rights, deduction allowed??if compliant agreement when "the" shares determined, no deduction?net settlement as alternative agreement
  • 2015-0570801E5    §2309 — Option Exchanges — Cost Of New Rights
    • — non-qualifying option exchange if overvalue?disposition of old option for new option?cost of new option equal to value of old option?overvalue not recognized as cost of new option?exchange of appreciation right
  • 2015-0565741E5    §2213 — Option Changes — Statutory Dispositions
    • — agreement rights not normally share interest or right?right to receive "amount" settled upon agreement changes?expiry of option?intercorporate cancellation
  • 2015-0565181E5    §1411 — Withholding And Reporting — Withholding
    • Salary, Wages Or Other Remuneration — salary or wages equated to income?withholding for remuneration not restricted to income?nonincome stock benefit, paid as remuneration, technical exposure
  • 2015-0565181E5    §2355 — Unit Exchanges — Plan Winding-up
    • Retroactive Disqualification — amendment to plan, noncompliant payout?inference of noncompliant intention?retroactive liability for amount deferred
  • 2014-0546131R3    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 2014-0538041C6    §2011 — Family Option Transfers — By One Or More Transactions
    • Transaction As Arrangement — arrangement less than binding contract?arrangement as series of transactions??transaction not necessarily arrangement?designation under stock plan?bankruptcy assignment as event
  • 2014-0535951E5    §2321 — Settling DSUs — Initiating Arrangement
    • Deferred Plan Election — policy clarification?election before amount constructively received, core policy restated?election required before amount available for payment?late bonus declaration, tax postponement
  • 2014-0534301E5    §1349 — Non-resident Benefit — OECD Methodology
    • Damages, Cancellation Of Stock Options — settlement for surrender of stock options?damages taxed in source state?damages treated as employment income under treaty
  • 2014-0533601R3    §2315 — Deferred Share Exchanges — Spinoff Transactions
    • — spinoff exchanges?not dealing at arm's length requirement?qualifying issuer
  • 2014-0529961M4    §1071 — The Benefit — Foreign Exchange
    • Meaning Of Exercise Date — amounts relevant to benefit?value upon acquisition?cashless exercise?acquisition before settlement date
  • 2014-0529961M4    §2063 — Paid-up Capital — Foreign Exchange
    • — capital gain on sale?no separate foreign currency gain or loss?cost base adjustment?method for computing gain or loss
  • 2014-0529371E5    §2368 — Emigration And Immigration — Foreign Property
    • — reporting foreign property?cost amount of option?option as capital property
  • 2014-0529281E5    §2368 — Emigration And Immigration — Foreign Property
    • — reporting foreign property?cost amount of option?option as capital property
  • 2014-0526941E5    §1291 — Share-based Dividend Equivalents — Section 7 Agreements
    • — restricted share unit settled by issuing shares?dividend-equivalent on units settled in cash?safe harbour inapplicable without right to receive shares in satisfaction of dividend-equivalent units?dividend-equivalent attached to option
  • 2014-0524751I7    §1182 — Benefit Outside Employment — Consultants
    • Option Inclusion — option as amount received?consultant option as expectation of shares?vesting conditions as unearned amount?shares not receivable?reserve
  • 2014-0523011C6    §1145 — Benefit Upon Death — Modification Rights Upon Death
    • — modification of rights following death?modification as commutation, disposition?applicability of deemed disposition if right extinguished?applicability to unvested rights
  • 2014-0523011C6    §2014 — Family Option Transfers — By One Or More Transactions
    • Plan Reallocation Upon Death — reallocation of options following death under stock option plan?unvested rights at death?reallocation of rights as transaction??look-through as new allocation
  • 2013-0515721E5    §1249 — Deferred Compensation — Salary Deferral Arrangement
    • Excluded Arrangements — pension plans, profit sharing plans, employee trusts, etc.?deferred salary leave plans?bonus plans and end of employment plans?deferred compensation election as plan feature
  • 2013-0514191R3    §2242 — Option Changes — Problem Changes
    • Agreement Contemplating Variation — amendment provisions in stock incentive plans?change inherent to option?adding conversion privilege?when not disposition
  • 2013-0513221I7    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2013-0513221I7    §1187 — Benefit Outside Employment — Consultants
    • Service Corporation — options earned by consulting corporation?options transferred to employee?employee benefit measured as fair market value?option attributed by client to employee?attribution of income
  • 2013-0508651E5    §1426 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Reimbursement — employer as obligee?reimbursement as indicator of employer status?secondment, contract for services
  • 2013-0507661I7    §2218 — Option Changes — Disposition As Security Alteration
    • Principle — 1980 guidelines?changes to securities?amended security same or different property?no "hard and fast" rules?guidelines as historical root for agreement changes policy
  • 2013-0506801I7    §1411 — Withholding And Reporting — Withholding
    • Salary, Wages Or Other Remuneration — salary or wages equated to income?withholding for remuneration not restricted to income?nonincome stock benefit, paid as remuneration, technical exposure
  • 2013-0502761E5    §1058 — The Benefit — Acquisition Of Shares Under Agreement
    • Measurement Of Benefit — excess of value of shares at time of acquisition over amount paid for shares?amount paid for right to acquire shares deducted from benefit?valuation of share?holdback and earnout
  • 2013-0502761E5    §2276 — Rights Ceasing To Be Exercisable — Deemed Disposition
    • Amounts Received As Consideration — series of receipts over time?disposition for each payment?cumulative cost of rights?meaning of value of consideration
  • 2013-0500641E5    §1418 — Withholding And Reporting — Trusteed Arrangements
    • — trust arrangement for sale of shares to employees?employer not trust regarded by agency as payor subject to withholding obligation?no liability for withholding for trustee of employee trust
  • 2013-0495821C6    §2046 — CCPC Share Dispositions — Common For Common And Preferred
    • — common for same common and preferred?exchange not disposition, deemed dividend?almost identical shares, when exchange if not disposition?when change neither disposition nor exchange
  • 2013-0495631C6    §2120 — Prescribed Share Acquisitions — Specified Person
    • All Or Substantially All — ninety percent thresshold?court discretion?administrative starting point
  • 2013-0487961E5    §1346 — Non-resident Benefit — CRA Hybrid Methodology
    • Fact-based Determination — factual determination?vesting as compelling evidence??release of public policy?guidance for period not covered by announcement?revocation of past document
  • 2013-0487961E5    §2359 — Emigration And Immigration — "Excluded Right Or Interest"
    • Rights Under Agreement — option outside agreement section 7?trusteed option plans?trust as EBP?personal trust?reportable property
  • 2013-0484181E5    §1149 — Benefit Upon Death — Stock Benefit Deduction
    • — requirement for acquisition of shares after death?acquired by the estate, beneficiary, vested person?no acquisition required if employer makes election?former administrative policy
  • 2013-0480351C6    §1094 — Benefits Outside Section 7 — Open Market Share
    • Source Of Shares — shares delivered to settle option?sale as transfer of property for price
  • 2013-0475991I7    §1311 — Other Deferrals — Retiring Allowance With SDA
    • Intersection — retiring allowance, defined?salary or wages postponed for retiring allowance
  • 2012-0465701I7    §2269 — Rights Ceasing To Be Exercisable — Cessation Event
    • Unvested Options — ceasing to be exercisable?payment upon merger?no disposition?option cessation whether vested or not?vesting and exercisability conflated
  • 2012-0459411C6    §1338 — Non-resident Benefit — CRA Option Methodology
    • CRA New Position, 2012 — apportionment for foreign source income?days of employment in country?OECD method?foreign tax credit?stock option source fictions
  • 2012-0459411C6    §1339 — Non-resident Benefit — CRA Option Methodology
    • Formula — days during vesting period, contractual requirement?employment days or work days?no official sanction of OECD method, administrative concession
  • 2012-0459411C6    §1354 — Non-resident Benefit — OECD Methodology
    • Future Services Presumption — no apportionment to services during vesting period?future services presumption
  • 2012-0459411C6    §1389 — US Treaty Benefit — Apportionment Methods
    • Priority Of The Act — constant method under Division D for all taxpayers?variable method as required under treaty
  • 2012-0458961E5    §1071 — The Benefit — Foreign Exchange
    • Meaning Of Exercise Date — amounts relevant to benefit?value upon acquisition?cashless exercise?acquisition before settlement date
  • 2012-0458961E5    §1420 — Withholding And Reporting — Cashless Exercise
    • Discrepancy In Value — value of shares, benefit?time of acquisition or time of short sale settlement?shares must be acquired and paid by employee
  • 2012-0457891E5    §2004 — Family Option Transfers — Rights Becoming Vested
    • Vesting Indefeasibly — use in relation to trusts, gifts and estates?"with no strings attached" if indefeasible?otherwise no absolute right nor immediate enjoyment required?becoming vested not necessarily irrevocable?validity of transfer under plan?vesting where transfer null
  • 2012-0457101R3    §1280 — DSU — Tracking Shares
    • Limited Partnership Investments — senior officers and employees?shares tracking company and limited partnership investment?cash settlement net of withholding?open market net settlement if elected by participant
  • 2012-0457101R3    §1282 — DSU — Valuation Of Units
    • Downward Fluctuation — no value reduction offset?sponsor undertaking not to grant offsetting units?reorganizations, exchanges, unit allocation, as offsetting events
  • 2012-0457101R3    §1411 — Withholding And Reporting — Withholding
    • Salary, Wages Or Other Remuneration — salary or wages equated to income?withholding for remuneration not restricted to income?nonincome stock benefit, paid as remuneration, technical exposure
  • 2012-0457101R3    §2340 — Unit Exchanges — Unit Exchanges
    • Convertibility — different plans for different corporations in group?employment transfer within group?plan interchangeability?unit convertibility?forfeit of DSU unit for underwater appreciation unit
  • 2012-0457101R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2012-0455431C6    §2218 — Option Changes — Disposition As Security Alteration
    • Principle — 1980 guidelines?changes to securities?amended security same or different property?no "hard and fast" rules?guidelines as historical root for agreement changes policy
  • 2012-0452531E5    §1265 — Deferred Compensation — Appreciation Rights
    • Exchange For Other Rights — nil starting value appreciation right?on change of control election to receive units under SDA exception plan?no inclusion of income on conversion?new promise to pay with different right not payment?gain on old promise as different property?appreciation right as entitlement
  • 2012-0452531E5    §2344 — Unit Exchanges — Unit Exchanges
    • RSU DSU Amendment — amending plan?not deferred amount?amendment not payout?units not benefit in kind?disposition of units, no income?no capital gain liability
  • 2012-0440741I7    §1387 — US Treaty Benefit — Principal Place Of Employment
    • CRA Interpretation — CRA workday method, principal place of work day-by-day?principal place for period or periods??day count for certification
  • 2012-0440741I7    §1400 — US Treaty Benefit — Payment By Resident
    • How Stock Benefit Is Paid — benefit conferred under option as payment?benefit deemed remuneration paid as bonus?employer as any person making payment
  • 2012-0440741I7    §1402 — US Treaty Benefit — Payment By Resident
    • De Jure Employer — employer as matter of law?resident payor, not resident employer
  • 2012-0440741I7    §1410 — Withholding And Reporting — Withholding
    • Actual Payments — agency policy before 2010?economic benefit as payment?actual payment not concomitant with deemed benefit?types of actual payment?actual payment subject to withholding?
  • 2012-0440741I7    §1424 — Withholding And Reporting — Non-residents
    • Obligation To Withhold On Account Of No Tax — no tax owing?taxpayer not subject to tax?taxpayer exempt from tax under treaty?withholding whether tax owed or notwithholding refund to payee following tax return filing
  • 2012-0440741I7    §1426 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Reimbursement — employer as obligee?reimbursement as indicator of employer status?secondment, contract for services
  • 2012-0435221R3    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 2011-0428941E5    §2008 — Family Option Transfers — Vested In Person
    • Trust As Person — taxpayer and personal trust deemed not dealing at arm's length?vested in person as beneficial ownership under a trust?employee as beneficial owner?alter ego trust as vested person after transfer from employee?transfer from alter ego trust?circular transactions
  • 2011-0428941E5    §2027 — Holdco Option Transfers — Transfer Of Rights To Holding Corporation
    • — safe harbour?transfer by employee to holding company?gain on transfer not taxable?GAAR on transfer of shares of holding company
  • 2011-0428941E5    §2079 — Selling Deferred Shares — Segregation
    • Transfer To Alter Ego Trust — option held by trust, asset protection?later distribution from trust, option qualified for CCPC exercise by employee
  • 2011-0428941E5    §2280 — Rights Ceasing To Be Exercisable — Conflict Of Provisions
    • Assignment To Bare Trust — not disposition, possibly not transfer?cessation if rights unassignable?amount received on return of rights?cessation as final unexcercisability
  • 2011-0426571C6    §1238 — Deferred Compensation — Constructive Receipt
    • Salary Deferral Arrangements — specific provisions altering time of receipt?salary deferral arrangement, amounts earned that were deferred for tax purpose?constructive receipt, amounts at disposal of employee?concurrent application
  • 2011-0425441R3    §2403 — Share Expenditures — Shares For Shares
    • — cost recognition?statutory rules for reorganizations?directorate policy for reductions?nil cost on exchange of agreement shares
  • 2011-0423441E5    §1149 — Benefit Upon Death — Stock Benefit Deduction
    • — requirement for acquisition of shares after death?acquired by the estate, beneficiary, vested person?no acquisition required if employer makes election?former administrative policy
  • 2011-0418281E5    §1431 — Withholding And Reporting — Independent Contractors
    • Stock Benefit — stock benefit for contractor?withholding on actual payment?subsidiary as contractor?non-resident employee not rendering services in Canada
  • 2011-0412161C6    §2385 — Expensing — Interest
    • Interest Directorate Policy — interest as economic stake?option as interest in taxpayer?not dealing at arm's length?limitation on entity subject to option
  • 2011-0412161C6    §2386 — Expensing — Interest
    • Interest In Option — option in respect of option?opposite interpretations?derivative interest
  • 2011-0412031C6    §1420 — Withholding And Reporting — Cashless Exercise
    • Discrepancy In Value — value of shares, benefit?time of acquisition or time of short sale settlement?shares must be acquired and paid by employee
  • 2011-0411951C6    §2136 — Prescribed Share Agreements — Withholding Tax
    • — redemption to pay withholding tax?net settlement?cashless exercise?penalty redemption
  • 2011-0407951C6    §2168 — Gift Of Securities — Designation
    • CCPC Shares, Ordering — deferral shares disposed of last?election to identify gifted deferral shares?gift in year of acquisition or exchange
  • 2011-0405501I7    §1416 — Withholding And Reporting — Withholding Waivers
    • No Other Remuneration — no waiver even if no other cash remuneration?pay period
  • 2011-0403551E5    §1431 — Withholding And Reporting — Independent Contractors
    • Stock Benefit — stock benefit for contractor?withholding on actual payment?subsidiary as contractor?non-resident employee not rendering services in Canada
  • 2011-0399491E5    §1416 — Withholding And Reporting — Withholding Waivers
    • No Other Remuneration — no waiver even if no other cash remuneration?pay period
  • 2011-0399421C6    §2168 — Gift Of Securities — Designation
    • CCPC Shares, Ordering — deferral shares disposed of last?election to identify gifted deferral shares?gift in year of acquisition or exchange
  • 2011-0395771R3    §1070 — The Benefit — Foreign Exchange
    • Currency Gain Or Loss — price as conditional obligation?deferred taxation?price variations as gain or loss?benefit only tax result?variation in benefit over option term?option as capital property
  • 2011-0393411E5    §1376 — Non-resident Benefit — 183-day Requirement
    • Deductibility — borne by permanent establishment?stock benefit deductibility in Canada?chargeable expense, not necessarily deductible?deductible when?
  • 2011-0393411E5    §1401 — US Treaty Benefit — Payment By Resident
    • Actual Payment By Employer — stock benefit, actual and deemed payment?issuance of shares as payment?deemed benefit as payment?payor of remuneration for particular employment?employer as ultimate payor
  • 2011-0393411E5    §1404 — US Treaty Benefit — Borne By Permanent Establishment
    • Remuneration Deductible — remuneration charged to permanent establishment?"borne by" means deductible?deductibility, stock benefits
  • 2011-0391701I7    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2011-0391701I7    §2409 — Option Settlement Costs — No Deduction For Share Settlement
    • — benefit conferred?only for share issue or sale?vested person as the employee?no benefit conferred if rights disposed of?rights disposed of on death?transaction and administration costs
  • 2010-0413171E5    §1240 — Deferred Compensation — Salary Deferral Arrangement
    • Policy — right to amount?evidence of receipt?determined amount?accrual amount?earned or otherwise received?multiyear award distinguished?no judicial guidance
  • 2010-0391281R3    §2415 — Recharging — Shareholder Benefit
    • — cross border benefits?nondeductible reimbursement by subsidiary, no benefit?cost assumption by employer, no benefit
  • 2010-0387161E5    §1300 — RSU — Late Bonus Payments
    • — entire bonus excluded from exception plan if any payment beyond 3-year deferral?deferred amount, offside tax purpose required?inability to meet payment deadline?deduction of forfeit
  • 2010-0387151E5    §2227 — Option Changes — "Disposition To"
    • No Acquisition Of Option — whether property acquired on option cancellation?if not acquired, whether not disposed of "to"?disposition "to," whether occurs on agreement changes?vested person attribution or inclusion, no acquisition "by" person after employee's death
  • 2010-0386881E5    §1070 — The Benefit — Foreign Exchange
    • Currency Gain Or Loss — price as conditional obligation?deferred taxation?price variations as gain or loss?benefit only tax result?variation in benefit over option term?option as capital property
  • 2010-0376531R3    §1282 — DSU — Valuation Of Units
    • Downward Fluctuation — no value reduction offset?sponsor undertaking not to grant offsetting units?reorganizations, exchanges, unit allocation, as offsetting events
  • 2010-0376531R3    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2010-0376531R3    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 2010-0376531R3    §2340 — Unit Exchanges — Unit Exchanges
    • Convertibility — different plans for different corporations in group?employment transfer within group?plan interchangeability?unit convertibility?forfeit of DSU unit for underwater appreciation unit
  • 2010-0376531R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2010-0376531R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2010-0376531R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2010-0370501C6    §2167 — Gift Of Securities — Designation
    • Overview — Overview — deemed order of disposition for identical properties?gifted securities identified as disposed of
  • 2010-0370481C6    §2161 — Gift Of Securities — Brokered Gift
    • Payment Of Proceeds — Payment Of Proceeds — payment to charity by broker?gift of proceeds of short sale, not compliant?value discrepancy between exercise and actual sale
  • 2010-0366651R3    §2315 — Deferred Share Exchanges — Spinoff Transactions
    • — spinoff exchanges?not dealing at arm's length requirement?qualifying issuer
  • 2010-0356401E5    §2416 — Recharging — Financial Standard Valuation
    • — shareholder benefit for unreasonable reimbursement?measure of benefit, intrinsic cost?acceptability of GAAP expense
  • 2010-0353121R3    §1267 — DSU — DSU Typical Plans
    • Officer Bonus Plan — senior executive bonus plan?optional credit of annual bonus to units, up to 100%?units based on listed shares?settlement at end of employment?lump-sum cash only
  • 2010-0353121R3    §1282 — DSU — Valuation Of Units
    • Downward Fluctuation — no value reduction offset?sponsor undertaking not to grant offsetting units?reorganizations, exchanges, unit allocation, as offsetting events
  • 2010-0353121R3    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2010-0353121R3    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2010-0353121R3    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2010-0353121R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2010-0353121R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2010-0353121R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2009-0350791E5    §1311 — Other Deferrals — Retiring Allowance With SDA
    • Intersection — retiring allowance, defined?salary or wages postponed for retiring allowance
  • 2009-0350481R3    §2401 — Share Expenditures — Shares For Debt
    • — loan by shareholder?principal repaid by issuing shares?debtor's gain or loss?creditor's consideration?reduction of forgiven amount
  • 2009-0338731R3    §2315 — Deferred Share Exchanges — Spinoff Transactions
    • — spinoff exchanges?not dealing at arm's length requirement?qualifying issuer
  • 2009-0333571I7    §2311 — Deferred Share Exchanges — Only For Shares
    • — boot on exchange of deferred shares?fractional, separate lot, split consideration, option?reduction of capital not consideration
  • 2009-0333571I7    §2317 — Deferred Share Exchanges — Adjusted Cost Case
    • — deferral shares, adjusted cost base adjustment upon acquisition?capital reorganization, adjustment reflected
  • 2009-0330351C6    §1154 — Bonus Or Restricted Shares — Share Bonus Election
    • — cash bonus constructively received before share bonus paid?no agreement before bonus amount determined?when binding agreement for share bonus after amount determined
  • 2009-0329411R3    §1268 — DSU — DSU Typical Plans
    • Minimum Equity Requirement Executive Plan — senior and middle executive?optional credit of salary and annual bonus to units, up to 100%?unit value based on listed shares?no credit after maximum requirement met?settlement at end of employment?cash or shares, treasury or open market, employer discretion
  • 2009-0329411R3    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2009-0329411R3    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2009-0329411R3    §1340 — Non-resident Benefit — CRA Hybrid Methodology
    • Other Stock-based Benefits — apportionment for noncompliant stock options?SAR and PAR?salary deferral arrangement, DSU and RSU?employee benefit plan?international allocation of deferred benefits?hybrid methodology
  • 2009-0329411R3    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 2009-0329411R3    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2009-0329411R3    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2009-0329411R3    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2009-0329411R3    §2348 — Unit Exchanges — 409A Maturity
    • Unit Exchanges — events incompatible, Canada and US?grandfathering for revoked policy
  • 2009-0329411R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2009-0329411R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2009-0328501E5    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2009-0327221I7    §1149 — Benefit Upon Death — Stock Benefit Deduction
    • — requirement for acquisition of shares after death?acquired by the estate, beneficiary, vested person?no acquisition required if employer makes election?former administrative policy
  • 2009-0327221I7    §1407 — Withholding And Reporting — Reporting
    • Reporting Benefits And Deduction — reporting benefit, box 14 and box 38?reporting benefit deduction?reporting CCPC benefits?actual payment not coinciding with reporting obligation?reporting CPP and EI
  • 2009-0321721I7    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy?intrinsic method not only basis?intrinsic appropriate when benefit coincides with exercise?no standard discount for trading restriction?IFRS valuation methods, limited application
  • 2009-0321721I7    §2416 — Recharging — Financial Standard Valuation
    • — shareholder benefit for unreasonable reimbursement?measure of benefit, intrinsic cost?acceptability of GAAP expense
  • 2009-0316621C6    §1417 — Withholding And Reporting — Withholding Waivers
    • Employee Benefit Plan — benefits under EBP, not stock benefits?withholding if benefit non-cash?
  • 2009-0316621C6    §1420 — Withholding And Reporting — Cashless Exercise
    • Discrepancy In Value — value of shares, benefit?time of acquisition or time of short sale settlement?shares must be acquired and paid by employee
  • 2009-0311941R3    §2231 — Option Changes — CRA Positions
    • Cashout — new and existing grants?cashout added?no disposition?salary deferral arrangement provisions not applicable
  • 2009-0311941R3    §2325 — Settling DSUs — Settling Arrangement With Shares
    • Indefinite Deferral, Agreement To Issue Shares — election to defer cash bonus?entitlement to appreciation right with whole starting value?extension of maturity date, not SDA?change of maturity, not disposition of rights
  • 2009-0307821E5    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy?intrinsic method not only basis?intrinsic appropriate when benefit coincides with exercise?no standard discount for trading restriction?IFRS valuation methods, limited application
  • 2009-0307821E5    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2009-0306371E5    §1308 — Supplementary Pension — Deprecation Of RCA To SDA
    • Reasonableness — RCA treated as SDA if benefit not reasonable?comparison to RPP, contribution rate?electing a compensation mix?technical requirement of salary deferral
  • 2008-0302451E5    §1311 — Other Deferrals — Retiring Allowance With SDA
    • Intersection — retiring allowance, defined?salary or wages postponed for retiring allowance
  • 2008-0301171I7    §2377 — Expensing — Recognition
    • Option Expenditures — option as contingent liability?GAAP recognition?option not obligation?option as value delivery?option as benefit by employer
  • 2008-0301171I7    §2391 — Option Expenditures — Option For Services
    • — bonus award as liability?liability discharged by issuing options?deduction of expense as incurred?unpaid compensation expense?no preexisting liability?option grant as cause of expense?option unrecognized as expense
  • 2008-0301171I7    §2392 — Option Expenditures — Option Under Agreement
    • — option as security under agreement?option as right to acquire shares?technical double denial?no reduction if expenditure denied or prohibited
  • 2008-0301171I7    §2401 — Share Expenditures — Shares For Debt
    • — loan by shareholder?principal repaid by issuing shares?debtor's gain or loss?creditor's consideration?reduction of forgiven amount
  • 2008-0300631C6    §1387 — US Treaty Benefit — Principal Place Of Employment
    • CRA Interpretation — CRA workday method, principal place of work day-by-day?principal place for period or periods??day count for certification
  • 2008-0300101R3    §2402 — Share Expenditures — Equity For Interest
    • — loan to corporation?interest payable by granting option?interest deductible as accrued?expenditure not because of payment?expenditure unpaid amount?option not received because of employment
  • 2008-0297841I7    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 2008-0297841I7    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 2008-0289341E5    §1260 — Deferred Compensation — Appreciation Rights
    • Accrual As Deferred Amount — right or entitlement?right to salary postponed by employee?inclusion of accruals?variation in value of deferral?amount accrued distinguished
  • 2008-0287641R3    §1280 — DSU — Tracking Shares
    • Limited Partnership Investments — senior officers and employees?shares tracking company and limited partnership investment?cash settlement net of withholding?open market net settlement if elected by participant
  • 2008-0287641R3    §1282 — DSU — Valuation Of Units
    • Downward Fluctuation — no value reduction offset?sponsor undertaking not to grant offsetting units?reorganizations, exchanges, unit allocation, as offsetting events
  • 2008-0287641R3    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2008-0284481C6    §1307 — Supplementary Pension — SDA And RCA Compared
    • Not Salary Or Wages — SDA deferral, definition of salary or wages exclusive of pension?postponement of compensation for retirement income?SDA not RCA
  • 2008-0280301I7    §2365 — Emigration And Immigration — Excluded Remuneration
    • Restricted Shares — shares subject to transfer restrictions?restricted shares not future remuneration?liability for gain on emigration
  • 2008-0279771I7    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2008-0279251E5    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired?title passing?other incidents of ownership including voting rights and dividends
  • 2008-0279251E5    §1185 — Benefit Outside Employment — Consultants
    • Right To Shares — share payment?amount receivable?conditionality?barter transaction?valuation?earnout
  • 2008-0279251E5    §1420 — Withholding And Reporting — Cashless Exercise
    • Discrepancy In Value — value of shares, benefit?time of acquisition or time of short sale settlement?shares must be acquired and paid by employee
  • 2008-0276181E5    §1425 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Resident Payor — withholding, payment to non-resident employee?no withholding, person neither resident nor employed in Canada?withholding, director attending meetings in Canada?duties in Canada, prorating deemed benefit?prorating benefit deduction
  • 2008-0271191R3    §1282 — DSU — Valuation Of Units
    • Downward Fluctuation — no value reduction offset?sponsor undertaking not to grant offsetting units?reorganizations, exchanges, unit allocation, as offsetting events
  • 2008-0271191R3    §1411 — Withholding And Reporting — Withholding
    • Salary, Wages Or Other Remuneration — salary or wages equated to income?withholding for remuneration not restricted to income?nonincome stock benefit, paid as remuneration, technical exposure
  • 2008-0271191R3    §2340 — Unit Exchanges — Unit Exchanges
    • Convertibility — different plans for different corporations in group?employment transfer within group?plan interchangeability?unit convertibility?forfeit of DSU unit for underwater appreciation unit
  • 2008-0271191R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2008-0271191R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2008-0271191R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2008-0269721I7    §2376 — Expensing — Option Or Share Expenditure
    • — remedial enactment?for greater certainty?broker remuneration?not included in expenditure?statutory cost?inadequate consideration?non-qualified securities
  • 2008-0269721I7    §2380 — Expensing — Mechanics
    • Rules — denial rule?reduction rule?option sold?option reissued?statutory cost override?amalgamation exchanges?non-person entities
  • 2008-0268921R3    §1266 — DSU — Typical Plans
    • Overview — end of employment plan conditions?employment?beneficiary?contract parties?maturity?share dependence?at risk
  • 2008-0268921R3    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2008-0265631R3    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2008-0265041R3    §2151 — Repricing Amendments — Corporate Division
    • — new options from more than one corporation?options as consideration for exchange?options as grant?value test exclusive of new grant?benefit deduction
  • 2008-0265041R3    §2156 — Repricing Amendments — Example #1B: Spinoff
    • Option From One Entity — spinoff exchange?all consideration from one of the resulting entities
  • 2008-0265041R3    §2308 — Option Exchanges — Enrichment Test
    • Corporate Division — exchanges upon split?option exchanges involving splitco?repricing amendment involving splitco?exchange or repricing amendment without splitco?enrichment test?benefit deduction
  • 2007-0263291I7    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 2007-0255961R3    §2043 — CCPC Share Dispositions — Rollovers
    • — deferred share as capital property?convertible share, exchange?transfers and reorganizations, disposition on exchange?stock dividend, not substituted property
  • 2007-0254201I7    §1260 — Deferred Compensation — Appreciation Rights
    • Accrual As Deferred Amount — right or entitlement?right to salary postponed by employee?inclusion of accruals?variation in value of deferral?amount accrued distinguished
  • 2007-0251181R3    §1314 — Other Deferrals — Employee Benefit Plan
    • Investment Plan — trust contributions by employer and employee, employee benefit plan?employer contributions taxable when paid out, appreciated value?deferral of payment out of EBP, constructive receipt
  • 2007-0251101E5    §1218 — Prescribed Shares — No Reasonable Expectation Of Buyout
    • Overview — redemption, acquisition, cancellation, conversion?reasonably anticipated within two years?discretionary cashout?reasonable expectation for buyer or shareholder
  • 2007-0251101E5    §2117 — Prescribed Share Acquisitions — Imminence Of Takeover, Subsequent Buyout
    • — no CRA guidance for reasonable expectation?reasonable expectation, no safe harbour right before takeover?safe harbour right after acquisition?exchange of rights as alternative to surrender
  • 2007-0247611R3    §2231 — Option Changes — CRA Positions
    • Cashout — new and existing grants?cashout added?no disposition?salary deferral arrangement provisions not applicable
  • 2007-0247611R3    §2233 — Option Changes — CRA Positions
    • Repricing, Spinoff, Option Cancellation — exchange of options, spinoff of business?net value of new option not greater than old?disposition upon cancellation of old option?exchange compliant with conditions for relief
  • 2007-0247611R3    §2235 — Option Changes — CRA Positions
    • Repricing, Spinoff, Deemed Disposition — repricing of options following spinoff?no cancellation, no disposition?new price reflects diminished value of existing business?repricing deemed disposition
  • 2007-0247611R3    §2315 — Deferred Share Exchanges — Spinoff Transactions
    • — spinoff exchanges?not dealing at arm's length requirement?qualifying issuer
  • 2007-0246781R3    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 2007-0246431R3    §1275 — DSU — Tracking Shares
    • Loan Collateral — loan arrangements?deferred compensation?borrowing against the value of share-dependent unit?reduce risk, align with business strategy
  • 2007-0244651C6    §1308 — Supplementary Pension — Deprecation Of RCA To SDA
    • Reasonableness — RCA treated as SDA if benefit not reasonable?comparison to RPP, contribution rate?electing a compensation mix?technical requirement of salary deferral
  • 2007-0243091C6    §2208 — NQS Deduction — Deduction, Taxable Income
    • — corporate deduction dependent on deductibility for employee?deduction from taxable income?benefit deduction to extent of taxable income?cash settlement?no deduction from income if securities eligible
  • 2007-0241931C6    §2117 — Prescribed Share Acquisitions — Imminence Of Takeover, Subsequent Buyout
    • — no CRA guidance for reasonable expectation?reasonable expectation, no safe harbour right before takeover?safe harbour right after acquisition?exchange of rights as alternative to surrender
  • 2007-0229361C6    §1307 — Supplementary Pension — SDA And RCA Compared
    • Not Salary Or Wages — SDA deferral, definition of salary or wages exclusive of pension?postponement of compensation for retirement income?SDA not RCA
  • 2007-0229361C6    §1308 — Supplementary Pension — Deprecation Of RCA To SDA
    • Reasonableness — RCA treated as SDA if benefit not reasonable?comparison to RPP, contribution rate?electing a compensation mix?technical requirement of salary deferral
  • 2007-0223531R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2007-0223531R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2007-0223531R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2006-0217731E5    §1427 — Withholding And Reporting — Non-residents
    • Resident Employee — Non-resident Payor — non-resident making grant of option to resident employee?withholding and reporting as non-resident payor?reimbursement by employer
  • 2006-0217541R3    §2419 — Recharging — Foreign Accounts
    • — reimbursement by foreign subsidiary?deductibility in computing taxable surplus
  • 2006-0217401I7    §1021 — The Agreement — Directorate Policy
    • Informal Undertaking — no binding commitment?allocation of shares, no specific award?notice instituting right to exercise option?no agreement prior to notice
  • 2006-0217401I7    §1036 — The Agreement — Legally-binding Requirement
    • Acceptance — agreement when unilateral offer, directorate past policy?formal acceptance not required according to caselaw?acceptance under financial standards?policy implications for fair market value determination under benefit deduction
  • 2006-0217401I7    §1039 — The Agreement — Legally-binding Requirement
    • Board And Shareholder Approval — shareholder approval not required unless condition precedent for award?binding obligation if approval incomplete??Internal Revenue Code, condition of grant or of exercise
  • 2006-0217401I7    §1179 — Benefit Outside Employment — Shareholder Benefit
    • Discretionary Awards — benefit as shareholder, if benefit only enures to shareholders?benefit as employee more specific provision, but not paramount?any connection to employment or primary connection?
  • 2006-0213941R3    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 2006-0210171R3    §2343 — Unit Exchanges — Unit Exchanges
    • RSU DSU Interconvertibility — convertibility as disqualifying maturity?directorate policy reversed, no ruling for conversion?remaining plan customization
  • 2006-0210171R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2006-0207381R3    §1238 — Deferred Compensation — Constructive Receipt
    • Salary Deferral Arrangements — specific provisions altering time of receipt?salary deferral arrangement, amounts earned that were deferred for tax purpose?constructive receipt, amounts at disposal of employee?concurrent application
  • 2006-0206461R3    §1314 — Other Deferrals — Employee Benefit Plan
    • Investment Plan — trust contributions by employer and employee, employee benefit plan?employer contributions taxable when paid out, appreciated value?deferral of payment out of EBP, constructive receipt
  • 2006-0205771R3    §2403 — Share Expenditures — Shares For Shares
    • — cost recognition?statutory rules for reorganizations?directorate policy for reductions?nil cost on exchange of agreement shares
  • 2006-0201541R3    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 2006-0194461R3    §2335 — Unit Exchanges — Plan Continuity
    • A Workable Interpretation? — arrangement in writing, original corporation as anchor?substitution of new anchor?conditions evaluated in relevant time frame?old anchor not necessarily related to new anchor?corporation related to old anchor or new anchor in applicable time frame?new arrangement, novation?deductibility of deferred amount by employer
  • 2006-0194461R3    §2338 — Unit Exchanges — Unit Exchanges
    • Plan Consolidation — units exchanged?corporations within related group?exchange pursuant to conversion right added to unit?discontinuance of plan after exchange?unit exchange tax-free
  • 2006-0194461R3    §2343 — Unit Exchanges — Unit Exchanges
    • RSU DSU Interconvertibility — convertibility as disqualifying maturity?directorate policy reversed, no ruling for conversion?remaining plan customization
  • 2006-0194461R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2006-0185601C6    §2280 — Rights Ceasing To Be Exercisable — Conflict Of Provisions
    • Assignment To Bare Trust — not disposition, possibly not transfer?cessation if rights unassignable?amount received on return of rights?cessation as final unexcercisability
  • 2006-0185501R3    §2341 — Unit Exchanges — Unit Exchanges
    • Corporate Division — split-off or spin-off?DSU plan adjustment?additional units to compensate for lower value of share
  • 2006-0178881E5    §2330 — Settling DSUs — Settling Arrangement With Shares
    • DSU Converted To Stock Option — maturity of end of employment plan?ability to convert into stock option plan prior to maturity, noncompliant?effect of unexpected conversion
  • 2006-0176321R3    §2388 — Expensing — Because Of
    • No Prior Liability — rebates deductible if paid?not deductible if paid with shares?no prior liability?expenditure because of share payment
  • 2006-0176081R3    §2378 — Expensing — Recognition
    • Share Expenditures — expenditure by issuing shares?GAAP?share for property?share for debt?share for expenses?property contributed by shareholder
  • 2006-0174831E5    §2280 — Rights Ceasing To Be Exercisable — Conflict Of Provisions
    • Assignment To Bare Trust — not disposition, possibly not transfer?cessation if rights unassignable?amount received on return of rights?cessation as final unexcercisability
  • 2005-0159081I7    §1234 — Deferred Compensation — Constructive Receipt
    • Overview — continuum from earning to payment?amount declared, paid, payable, owing, available for payment?amount as good as paid
  • 2005-0157381E5    §1210 — Prescribed Shares — No Dividend Floor Or Cap
    • Covenant In Loan Agreement — maximum or minimum in any agreement?source of limitation, company law, contract, practical constraints?adjusting purchase price?dividend subject to purchaser's consent
  • 2005-0156081I7    §2223 — Option Changes — Disposition As Security Alteration
    • Agency Revised Policy Following General Electric — legal standard as question of fact?new obligation inconsistent with old?policy reversion to substance of change
  • 2005-0155961E5    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2005-0154911R3    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 2005-0154911R3    §1315 — Other Deferrals — Employee Benefit Plan
    • Funded Bonus — funded share bonus plan, SDA exception plan?EBP, neither SDA nor RCA
  • 2005-0151051R3    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 2005-0151001R3    §2123 — Prescribed Share Acquisitions — Specified Person
    • Arrangement — arrangement accepted as offer?acquisition of all of shares of target
  • 2005-0151001R3    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2005-0149841I7    §1419 — Withholding And Reporting — Cashless Exercise
    • Mechanics — cashless exercise, short sale or loan to finance option price?proceeds credited to employee account after withholding and expenses?cashless exercise, EI non-cash benefit?
  • 2005-0149161C6    §1309 — Supplementary Pension — Deprecation Of RCA To SDA
    • Anti-avoidance — policy as unproven presumption?RCA tax avoidance schemes, treated as SDA?special tax
  • 2005-0146031R3    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2005-0144541R3    §1299 — RSU — "To Be Paid" Within 3 Years
    • — amount stated as payable after 3 years?amount not determined when payable?payable and available for payment?"to be paid" but not in fact paid?bonus and top-up distinct
  • 2005-0144541R3    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2005-0144541R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2005-0144541R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2005-0141921R3    §2315 — Deferred Share Exchanges — Spinoff Transactions
    • — spinoff exchanges?not dealing at arm's length requirement?qualifying issuer
  • 2005-0132991C6    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy?intrinsic method not only basis?intrinsic appropriate when benefit coincides with exercise?no standard discount for trading restriction?IFRS valuation methods, limited application
  • 2005-0132401I7    §1306 — Supplementary Pension — SDA And RCA Compared
    • Compensation Paid After Retirement — RCA treated as SDA?current salary or bonus traded for retirement benefit
  • 2005-0130461I7    §1234 — Deferred Compensation — Constructive Receipt
    • Overview — continuum from earning to payment?amount declared, paid, payable, owing, available for payment?amount as good as paid
  • 2005-0125811E5    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2005-0125811E5    §2115 — Prescribed Share Acquisitions — Takeover
    • — option exercised in anticipation of takeover?no put or call?disqualification for reasonable expectation?no safe harbour unless right or obligation
  • 2005-0124261E5    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 2005-0121251E5    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave?accumulated overtime??overtime not bonus?unused sick leave credit
  • 2005-0120771R3    §1054 — The Benefit — Qualifying Person
    • — employee of partnership?qualifying corporation as corporate partner?specific employment
  • 2005-0118901R3    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 2005-0118901R3    §1258 — Deferred Compensation — Appreciation Rights
    • PARS — performance appreciation rights?appreciation computed by reference to earnings?metric tied to business unit?partnerships?no rulings for formula plans?bonus plans and appreciation rights, compared
  • 2005-0118901R3    §1340 — Non-resident Benefit — CRA Hybrid Methodology
    • Other Stock-based Benefits — apportionment for noncompliant stock options?SAR and PAR?salary deferral arrangement, DSU and RSU?employee benefit plan?international allocation of deferred benefits?hybrid methodology
  • 2005-0118261R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2005-0115801I7    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2005-0115091E5    §2076 — Selling Deferred Shares — Identification
    • Designation By Estate — CRA concession for post-mortem election?qualifying agreement for representative?
  • 2005-0114501R3    §2127 — Prescribed Share Swaps — Swap Attestation Procedure
    • — attestation of share ownership?no share given up?net share, net of tax settlement
  • 2005-0114501R3    §2128 — Prescribed Share Swaps — Swap Attestation Procedure
    • Rulings — attestation not disposition?net share settlement?adjusted cost base bump
  • 2005-0114431E5    §1293 — RSU — Overview
    • — bonus "to be paid" within 3 years?two different periods referenced by ruling policy?employer period test?employee period test
  • 2005-0112901E5    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares?discount for trading restriction?policy, restricted share versus option?US policy for restricted shares
  • 2005-0112901E5    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy?intrinsic method not only basis?intrinsic appropriate when benefit coincides with exercise?no standard discount for trading restriction?IFRS valuation methods, limited application
  • 2004-0106951I7    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2004-0106481R3    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 2004-0101701E5    §2043 — CCPC Share Dispositions — Rollovers
    • — deferred share as capital property?convertible share, exchange?transfers and reorganizations, disposition on exchange?stock dividend, not substituted property
  • 2004-0096311R3    §1294 — RSU — Variable Salary
    • — bonus as extra amount, not just variable?extra as discretionary award
  • 2004-0096311R3    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2004-0093241E5    §2149 — Repricing Amendments — Repeated Repricing
    • — regular exercise price reductions?no limit on number
  • 2004-0092561E5    §2046 — CCPC Share Dispositions — Common For Common And Preferred
    • — common for same common and preferred?exchange not disposition, deemed dividend?almost identical shares, when exchange if not disposition?when change neither disposition nor exchange
  • 2004-0088601R3    §2343 — Unit Exchanges — Unit Exchanges
    • RSU DSU Interconvertibility — convertibility as disqualifying maturity?directorate policy reversed, no ruling for conversion?remaining plan customization
  • 2004-0088601R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2004-0088601R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2004-0088331R3    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2004-0088331R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2004-0088331R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2004-0087041C6    §1181 — Benefit Outside Employment — Consultants
    • Overlapping Status — benefit inclusion and deduction for employees?consultant or employee?part-time employee or director
  • 2004-0087041C6    §1182 — Benefit Outside Employment — Consultants
    • Option Inclusion — option as amount received?consultant option as expectation of shares?vesting conditions as unearned amount?shares not receivable?reserve
  • 2004-0087041C6    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2004-0087041C6    §1186 — Benefit Outside Employment — Consultants
    • Capital Or Income — gain on exercise?no disposition if capital?gain or profit on share sale?adventure in the nature of trade?loss
  • 2004-0085081E5    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2004-0082691R3    §2234 — Option Changes — CRA Positions
    • Repricing, Spinoff, Net Basis Exchange — exchange for options of two entities?cancellation of existing options?disposition of old options?value of new options established on net basis?netting as disposition?
  • 2004-0077361E5    §1426 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Reimbursement — employer as obligee?reimbursement as indicator of employer status?secondment, contract for services
  • 2004-0076271I7    §1184 — Benefit Outside Employment — Consultants
    • Option Exercise — exercise as source of business income?vesting and performance?barter transactions?two inclusions
  • 2004-0075211R3    §1315 — Other Deferrals — Employee Benefit Plan
    • Funded Bonus — funded share bonus plan, SDA exception plan?EBP, neither SDA nor RCA
  • 2004-0073821R3    §2230 — Option Changes — CRA Positions
    • Cashout — new and existing grants?addition of right to net option value as cash?no disposition of rights?formal right to stock, little likelihood of exercise?disposition as realization?valuation time as original time of agreement
  • 2004-0072041R3    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 2004-0072041R3    §1272 — DSU — DSU Director Plans
    • Directors Plan, Units Or Shares — directors?optional credit of up to 100% of retainer and attendance fees to units, quarterly?unit value based on listed shares?settlement at end of employment, term as director?cash or shares, treasury or open market, employer discretion?share settlement net of tax
  • 2004-0072041R3    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2004-0072041R3    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2004-0072041R3    §1340 — Non-resident Benefit — CRA Hybrid Methodology
    • Other Stock-based Benefits — apportionment for noncompliant stock options?SAR and PAR?salary deferral arrangement, DSU and RSU?employee benefit plan?international allocation of deferred benefits?hybrid methodology
  • 2004-0072041R3    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2004-0072041R3    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2004-0072041R3    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2004-0072041R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2004-0072041R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2004-0072041R3    §2413 — Option Settlement Costs — Net Of Tax Settlement
    • — deduction of tax withheld?cash benefit or share benefit?directorate policy reversed
  • 2004-0070361E5    §1419 — Withholding And Reporting — Cashless Exercise
    • Mechanics — cashless exercise, short sale or loan to finance option price?proceeds credited to employee account after withholding and expenses?cashless exercise, EI non-cash benefit?
  • 2004-0070361E5    §1420 — Withholding And Reporting — Cashless Exercise
    • Discrepancy In Value — value of shares, benefit?time of acquisition or time of short sale settlement?shares must be acquired and paid by employee
  • 2004-0070361E5    §2071 — Selling Deferred Shares — Identification
    • Technical Requirements — designation requirements?acquisition, disposition and designation?31-day window?security not designated twice
  • 2004-0070361E5    §2160 — Gift Of Securities — Brokered Gift
    • Dispose Of And Pay — Dispose Of And Pay — broker actions, not taxpayer's?direction to act immediately?delays
  • 2004-0068151R3    §1315 — Other Deferrals — Employee Benefit Plan
    • Funded Bonus — funded share bonus plan, SDA exception plan?EBP, neither SDA nor RCA
  • 2004-0067521R3    §1282 — DSU — Valuation Of Units
    • Downward Fluctuation — no value reduction offset?sponsor undertaking not to grant offsetting units?reorganizations, exchanges, unit allocation, as offsetting events
  • 2004-0067151R3    §2127 — Prescribed Share Swaps — Swap Attestation Procedure
    • — attestation of share ownership?no share given up?net share, net of tax settlement
  • 2004-0065961R3    §2290 — Option Exchanges — Continuity
    • — no disposition, same option, same grantor?deeming for benefit inclusion only, not benefit deduction?drafting circularity
  • 2004-0065961R3    §2341 — Unit Exchanges — Unit Exchanges
    • Corporate Division — split-off or spin-off?DSU plan adjustment?additional units to compensate for lower value of share
  • 2004-0065551E5    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 2004-0065551E5    §1312 — Other Deferrals — Retiring Allowance
    • Instalments — SDA where salary or wages traded for retiring allowance?retiring allowance paid by instalment?constructive receipt?funded through trust, RCA
  • 2004-0065251E5    §2155 — Repricing Amendments — Example #1A: Spinoff
    • Shifting Price Between Entities — net value requirement?enrichment test for exchange applicable on aggregate value?new option price for spinoff share retraced to old option
  • 2004-0065251E5    §2294 — Option Exchanges — Particular Person
    • Alternative Issuer — option for shares of one or other issuer?right under agreement??equivalent to option exchange
  • 2004-0065251E5    §2305 — Option Exchanges — Enrichment Test
    • Share Value — same net value of option before and after?no regard for cost of new shares?vesting conditions not considered?standard valuation?plural options for one, one for plural
  • 2004-0064771R3    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2004-0064771R3    §2351 — Unit Exchanges — Unit Changes
    • — changes affecting units?authority to amend, rights of unit holders?plan maximum units?limit ascertained in following year
  • 2004-0064771R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2004-0064771R3    §2353 — Unit Exchanges — Plan Winding-up
    • Plan Terms — plan termination?continuous compliance?early termination as disqualifying payout?amending plan to modify term?intra vires power
  • 2004-0060861E5    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 2004-0060861E5    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 2004-0060861E5    §1312 — Other Deferrals — Retiring Allowance
    • Instalments — SDA where salary or wages traded for retiring allowance?retiring allowance paid by instalment?constructive receipt?funded through trust, RCA
  • 2004-0060641E5    §2391 — Option Expenditures — Option For Services
    • — bonus award as liability?liability discharged by issuing options?deduction of expense as incurred?unpaid compensation expense?no preexisting liability?option grant as cause of expense?option unrecognized as expense
  • 2004-0060191R3    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2004-0058171R3    §2298 — Option Exchanges — Option Continuation
    • Net Share Settlement — net share settlement?right to shares, not to value of settlement?exchange of original option for new option, net settlement share number?acquisition of "the" shares?benefit deduction, price under original agreement?deemed disposition by repricing
  • 2004-0056921R3    §2058 — Paid-up Capital — Bonus Shares
    • Past Services — stated capital as amount of bonus?as accrued liability under deferred plans?as liability recognized on payment of discretionary bonus?liability on payment offset by paid-up capital increase
  • 2004-0056921R3    §2309 — Option Exchanges — Cost Of New Rights
    • — non-qualifying option exchange if overvalue?disposition of old option for new option?cost of new option equal to value of old option?overvalue not recognized as cost of new option?exchange of appreciation right
  • 2004-0056921R3    §2329 — Settling DSUs — Settling Arrangement With Shares
    • Appreciation Right Surrendered For Shares — agreement to issue shares without prior award of options?safe harbour for shares issued to satisfy entitlement under SAR?contingent right to shares made redundant
  • 2004-0055311I7    §2411 — Option Settlement Costs — Share Settlement
    • — legally-binding agreement, no deduction?share settlement declined?cash settlement induced
  • 2004-0055311I7    §2412 — Option Settlement Costs — Net Settlement
    • — shares issued under compliant agreement, no deduction?share issued as consideration for rights, deduction allowed??if compliant agreement when "the" shares determined, no deduction?net settlement as alternative agreement
  • 2003-0184493    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 2003-0184493    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2003-0184043    §1431 — Withholding And Reporting — Independent Contractors
    • Stock Benefit — stock benefit for contractor?withholding on actual payment?subsidiary as contractor?non-resident employee not rendering services in Canada
  • 2003-0184043    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 2003-0054581E5    §1182 — Benefit Outside Employment — Consultants
    • Option Inclusion — option as amount received?consultant option as expectation of shares?vesting conditions as unearned amount?shares not receivable?reserve
  • 2003-0054581E5    §1184 — Benefit Outside Employment — Consultants
    • Option Exercise — exercise as source of business income?vesting and performance?barter transactions?two inclusions
  • 2003-0051421R3    §1265 — Deferred Compensation — Appreciation Rights
    • Exchange For Other Rights — nil starting value appreciation right?on change of control election to receive units under SDA exception plan?no inclusion of income on conversion?new promise to pay with different right not payment?gain on old promise as different property?appreciation right as entitlement
  • 2003-0051351R3    §1264 — Deferred Compensation — Appreciation Rights
    • Initial Value, Award Conditions — payout as multiplication of initial award?payout based on stock performance metric, not SDA?starting value as deferral indicator
  • 2003-0051111R3    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 2003-0051111R3    §1269 — DSU — DSU Typical Plans
    • Canadian Supplement To International Plan — Canadian directors and officers of Canadian subsidiaries?optional credit?officer, up to x% of salary and y% of incentive award?director, up to x% of both retainer and meeting fees?unit value based on listed shares of non-Canadian parent?settlement at end of employment?no cash settlement?treasury or open market shares, employer discretion?share settlement net of tax
  • 2003-0051111R3    §1272 — DSU — DSU Director Plans
    • Directors Plan, Units Or Shares — directors?optional credit of up to 100% of retainer and attendance fees to units, quarterly?unit value based on listed shares?settlement at end of employment, term as director?cash or shares, treasury or open market, employer discretion?share settlement net of tax
  • 2003-0051111R3    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2003-0051111R3    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2003-0051111R3    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2003-0051111R3    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2003-0051111R3    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2003-0051111R3    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2003-0051111R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2003-0051111R3    §2413 — Option Settlement Costs — Net Of Tax Settlement
    • — deduction of tax withheld?cash benefit or share benefit?directorate policy reversed
  • 2003-0049927    §2411 — Option Settlement Costs — Share Settlement
    • — legally-binding agreement, no deduction?share settlement declined?cash settlement induced
  • 2003-0048585    §2373 — Expensing — Equity Expenditure
    • — share for property exchange?expenditure denial or reduction?money reinvested?dilutive excess?cost as share par value?cost two-way consideration
  • 2003-0048585    §2378 — Expensing — Recognition
    • Share Expenditures — expenditure by issuing shares?GAAP?share for property?share for debt?share for expenses?property contributed by shareholder
  • 2003-0046624    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2003-0044483    §2343 — Unit Exchanges — Unit Exchanges
    • RSU DSU Interconvertibility — convertibility as disqualifying maturity?directorate policy reversed, no ruling for conversion?remaining plan customization
  • 2003-0044483    §2348 — Unit Exchanges — 409A Maturity
    • Unit Exchanges — events incompatible, Canada and US?grandfathering for revoked policy
  • 2003-0044483    §2350 — Unit Exchanges — 409A Maturity
    • Disqualification From Inception — change of control as termination?plan not compliant ab initio following ruling policy reversal
  • 2003-0044483    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2003-0043361R3    §2309 — Option Exchanges — Cost Of New Rights
    • — non-qualifying option exchange if overvalue?disposition of old option for new option?cost of new option equal to value of old option?overvalue not recognized as cost of new option?exchange of appreciation right
  • 2003-0043361R3    §2328 — Settling DSUs — Settling Arrangement With Shares
    • Performance Appreciation Right Exchanged For Stock Options — performance appreciation, stock option grant?safe harbour on issuance of options?cancellation of rights, disposition?not capital gain if later income inclusion, same property?option different property, safe harbour
  • 2003-0040931R3    §2340 — Unit Exchanges — Unit Exchanges
    • Convertibility — different plans for different corporations in group?employment transfer within group?plan interchangeability?unit convertibility?forfeit of DSU unit for underwater appreciation unit
  • 2003-0040931R3    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2003-0039011E5    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 2003-0039011E5    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 2003-0037271I7    §1336 — Non-resident Benefit — CRA Option Methodology
    • CRA Policy, Prior To 2012 Apportionment — apportionment based on employment in Canada in year of grant?compelling evidence required for allocation to vesting period
  • 2003-0037271I7    §1338 — Non-resident Benefit — CRA Option Methodology
    • CRA New Position, 2012 — apportionment for foreign source income?days of employment in country?OECD method?foreign tax credit?stock option source fictions
  • 2003-0035115    §1299 — RSU — "To Be Paid" Within 3 Years
    • — amount stated as payable after 3 years?amount not determined when payable?payable and available for payment?"to be paid" but not in fact paid?bonus and top-up distinct
  • 2003-0035115    §1300 — RSU — Late Bonus Payments
    • — entire bonus excluded from exception plan if any payment beyond 3-year deferral?deferred amount, offside tax purpose required?inability to meet payment deadline?deduction of forfeit
  • 2003-0034053    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 2003-0034053    §1270 — DSU — DSU Typical Plans
    • Directors And Officers — Canadian and non-Canadian directors and senior officers?officer, units instead of entitlement to shares?director, up to 100% of annual retainer?unit value based on listed shares of Canadian corporation?settlement at end of employment?participant can choose settlement, open market shares or cash?corporation can override choice by issuing treasury shares?settlements net of tax except treasury shares
  • 2003-0034053    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2003-0034053    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2003-0034053    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2003-0033723    §1279 — DSU — Tracking Shares
    • Specific Portfolio Convertible Units — annual election?cash compensation to DSU units?additional compensation, subject to vesting?convertibility of units, fair market value?hedging of employer liability to redeem units?settlement in cash?no discretion to compensate for diminution of value
  • 2003-0033723    §1280 — DSU — Tracking Shares
    • Limited Partnership Investments — senior officers and employees?shares tracking company and limited partnership investment?cash settlement net of withholding?open market net settlement if elected by participant
  • 2003-0033723    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 2003-0033723    §2338 — Unit Exchanges — Unit Exchanges
    • Plan Consolidation — units exchanged?corporations within related group?exchange pursuant to conversion right added to unit?discontinuance of plan after exchange?unit exchange tax-free
  • 2003-0033723    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2003-0033571R3    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2003-0027513    §2354 — Unit Exchanges — Plan Winding-up
    • Disqualification In Final Year — rulings accepting premature plan winding-up?disqualification, inclusion in last year?plan compliant in earlier year
  • 2003-0024617    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2003-0021807    §2366 — Emigration And Immigration — Restructuring Options
    • Immigration — planning for immigration?benefit tax trap?exercise options?change vesting?disqualify the agreement
  • 2003-0019263    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2003-0018783    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 2003-0018783    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2003-0018783    §1273 — DSU — DSU Director Plans
    • Directors Only, Deferred Units Instead Of Shares — directors excluding officers?election, up to 100% of retainer and attendance fees for units, annual election for each appointment term?remainder of remuneration paid as shares?unit value based on listed shares?settlement at end of employment, term as director?net share settlement
  • 2003-0018783    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2003-0018783    §1291 — Share-based Dividend Equivalents — Section 7 Agreements
    • — restricted share unit settled by issuing shares?dividend-equivalent on units settled in cash?safe harbour inapplicable without right to receive shares in satisfaction of dividend-equivalent units?dividend-equivalent attached to option
  • 2003-0018783    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2003-0018783    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 2003-0018783    §2413 — Option Settlement Costs — Net Of Tax Settlement
    • — deduction of tax withheld?cash benefit or share benefit?directorate policy reversed
  • 2003-0018243    §1168 — Benefit Deferral CCPC — CCPC Status Determination
    • General Partner As CCPC — limited partnership, no stock benefit incentive?general partner as employer?eligible CCPC shares
  • 2003-0016677    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 2003-0015787    §1058 — The Benefit — Acquisition Of Shares Under Agreement
    • Measurement Of Benefit — excess of value of shares at time of acquisition over amount paid for shares?amount paid for right to acquire shares deducted from benefit?valuation of share?holdback and earnout
  • 2003-0015787    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired?title passing?other incidents of ownership including voting rights and dividends
  • 2003-0009843    §1093 — Benefits Outside Section 7 — Benefit As Compensation
    • — benefit as compensation under pension plan?not necessarily compensation with particular employer if employment deemed continued?vested person after employee's death, employed with particular employer?
  • 2003-0008805    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2003-0008795    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2003-0007795    §1161 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • Risk — risk associated with restricted shares?capital loss or business investment loss?Department of Finance, is employee an investor??deduction for forfeited shares
  • 2003-0003705    §2354 — Unit Exchanges — Plan Winding-up
    • Disqualification In Final Year — rulings accepting premature plan winding-up?disqualification, inclusion in last year?plan compliant in earlier year
  • 2003-0003645    §2311 — Deferred Share Exchanges — Only For Shares
    • — boot on exchange of deferred shares?fractional, separate lot, split consideration, option?reduction of capital not consideration
  • 2003-0001905    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 2002-0179805    §2418 — Recharging — Funding Agreement
    • — no benefit if funding agreement, implicit or written?absence of obligation to reimburse or of consistent reimbursement practice?no benefit for forward coverage of agreement
  • 2002-0179145    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2002-0178455    §2223 — Option Changes — Disposition As Security Alteration
    • Agency Revised Policy Following General Electric — legal standard as question of fact?new obligation inconsistent with old?policy reversion to substance of change
  • 2002-0177293    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2002-0174693    §1275 — DSU — Tracking Shares
    • Loan Collateral — loan arrangements?deferred compensation?borrowing against the value of share-dependent unit?reduce risk, align with business strategy
  • 2002-0174693    §1278 — DSU — Tracking Shares
    • Units Subject To Vesting — eligible employees?special subsidiary?new series of shares for each annual allocation?DSU units subject to vesting?plan credits for future compensation, not separate arrangement?redeemable and retractable preferred shares?employer loan secured by units?settlement in cash?hybrid plan, not all entitlements deferred compensation
  • 2002-0174693    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 2002-0171745    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave?accumulated overtime??overtime not bonus?unused sick leave credit
  • 2002-0171137    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares?discount for trading restriction?policy, restricted share versus option?US policy for restricted shares
  • 2002-0171137    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy?intrinsic method not only basis?intrinsic appropriate when benefit coincides with exercise?no standard discount for trading restriction?IFRS valuation methods, limited application
  • 2002-0170353    §2127 — Prescribed Share Swaps — Swap Attestation Procedure
    • — attestation of share ownership?no share given up?net share, net of tax settlement
  • 2002-0169903    §1268 — DSU — DSU Typical Plans
    • Minimum Equity Requirement Executive Plan — senior and middle executive?optional credit of salary and annual bonus to units, up to 100%?unit value based on listed shares?no credit after maximum requirement met?settlement at end of employment?cash or shares, treasury or open market, employer discretion
  • 2002-0169903    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 2002-0169893    §1268 — DSU — DSU Typical Plans
    • Minimum Equity Requirement Executive Plan — senior and middle executive?optional credit of salary and annual bonus to units, up to 100%?unit value based on listed shares?no credit after maximum requirement met?settlement at end of employment?cash or shares, treasury or open market, employer discretion
  • 2002-0169893    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 2002-0169103    §1277 — DSU — Tracking Shares
    • Investment-specific Shares — annual election?bonus to units based on value of special shares?some subsidiary's special shares track parent's common shares?conversion between classes permitted?settlement cash or open market shares at company's discretion
  • 2002-0169103    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 2002-0167887    §1093 — Benefits Outside Section 7 — Benefit As Compensation
    • — benefit as compensation under pension plan?not necessarily compensation with particular employer if employment deemed continued?vested person after employee's death, employed with particular employer?
  • 2002-0167253    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2002-0167253    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 2002-0157145    §2269 — Rights Ceasing To Be Exercisable — Cessation Event
    • Unvested Options — ceasing to be exercisable?payment upon merger?no disposition?option cessation whether vested or not?vesting and exercisability conflated
  • 2002-0156845    §1165 — Benefit Deferral CCPC — Special R?gime
    • — benefit measured at acquisition of share?benefit included, taxation year of conversion or exchange?CCPC defined?stock benefit deduction, two-year holding period?deemed disposition at death
  • 2002-0155853    §2315 — Deferred Share Exchanges — Spinoff Transactions
    • — spinoff exchanges?not dealing at arm's length requirement?qualifying issuer
  • 2002-0151247    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2002-0151247    §1184 — Benefit Outside Employment — Consultants
    • Option Exercise — exercise as source of business income?vesting and performance?barter transactions?two inclusions
  • 2002-0151247    §1431 — Withholding And Reporting — Independent Contractors
    • Stock Benefit — stock benefit for contractor?withholding on actual payment?subsidiary as contractor?non-resident employee not rendering services in Canada
  • 2002-0148253    §1049 — The Offer — Formula Price
    • — price determinable under formula?agreement in existence from outset?agreement compliant with value requirement if actual exercise price compliant?discount price countenanced as being specific
  • 2002-0148253    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2002-0148253    §2326 — Settling DSUs — Settling Arrangement With Shares
    • Bonus Option Plan — directors and employees plan?optional receipt of bonus as stock options, election up to undisclosed percentage?option exercisable at undisclosed percentage discount?agreement to issue or sell shares, safe harbour
  • 2002-0147985    §2314 — Deferred Share Exchanges — Convertible Shares
    • — convertible preferred shares?conversion into common shares excluded from exchange
  • 2002-0145983    §2230 — Option Changes — CRA Positions
    • Cashout — new and existing grants?addition of right to net option value as cash?no disposition of rights?formal right to stock, little likelihood of exercise?disposition as realization?valuation time as original time of agreement
  • 2002-0139013    §2154 — Repricing Amendments — Example #1: Spinoff
    • Net Value Requirement — option exchanged for options in two companies?more shares issued to adjust spinoff value
  • 2002-0139013    §2305 — Option Exchanges — Enrichment Test
    • Share Value — same net value of option before and after?no regard for cost of new shares?vesting conditions not considered?standard valuation?plural options for one, one for plural
  • 2002-0139013    §2307 — Option Exchanges — Enrichment Test
    • Not Part Of Exchange — reduction of in-the-money value?separate rights exchange?exchange with different corporations
  • 2002-0139013    §2308 — Option Exchanges — Enrichment Test
    • Corporate Division — exchanges upon split?option exchanges involving splitco?repricing amendment involving splitco?exchange or repricing amendment without splitco?enrichment test?benefit deduction
  • 2002-0138973    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2002-0138973    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2002-0136495    §1384 — US Treaty Benefit — Taxing Authority
    • Residence State Obliged To Provide Credit — taxing authority, state of residence?no limitation, inclusion of benefit?apportionment of benefit as foreign source?foreign tax credit
  • 2002-0132805    §2236 — Option Changes — CRA Positions
    • Extension Of Term — expiry term extended?same as new grant?no rescission or cancellation, agreement not novated?no disposition?US Code, extension triggers value test?how is substance determinable without regard to value??realization
  • 2002-0132805    §2270 — Rights Ceasing To Be Exercisable — Cessation Event
    • Option Expires — disposition when right expires?ceasing to be exercisable as expiry?expiry as reaching term?changing the term to bring about a statutory disposition
  • 2002-0131355    §2049 — CCPC Share Dispositions — Synthetic Dispositions
    • — short sale, not disposition?introduction of synthetic dispositions?price guarantee as disposition
  • 2002-0130177    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2002-0129803    §2416 — Recharging — Financial Standard Valuation
    • — shareholder benefit for unreasonable reimbursement?measure of benefit, intrinsic cost?acceptability of GAAP expense
  • 2002-0127633    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2002-0127505    §2236 — Option Changes — CRA Positions
    • Extension Of Term — expiry term extended?same as new grant?no rescission or cancellation, agreement not novated?no disposition?US Code, extension triggers value test?how is substance determinable without regard to value??realization
  • 2002-0126537    §1375 — Non-resident Benefit — 183-day Requirement
    • Not Borne By Permanent Establishment — no presence minimum if remuneration borne by permanent establishment of employer resident in source country?cost assumed or reimbursed?item-by-item determination
  • 2002-0126537    §1376 — Non-resident Benefit — 183-day Requirement
    • Deductibility — borne by permanent establishment?stock benefit deductibility in Canada?chargeable expense, not necessarily deductible?deductible when?
  • 2002-0126537    §1404 — US Treaty Benefit — Borne By Permanent Establishment
    • Remuneration Deductible — remuneration charged to permanent establishment?"borne by" means deductible?deductibility, stock benefits
  • 2002-0126537    §1405 — US Treaty Benefit — Borne By Permanent Establishment
    • Benefit As Distinct Source — item-by-item determination?deductible items taxable in source state unlike nondeductible items
  • 2002-0123203    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2002-0123153    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2002-0123153    §2339 — Unit Exchanges — Unit Exchanges
    • Plan Amalgamation — amalgamation by continuation of plan?election to be governed by master plan, not subsidiary plan?no termination of subsidiary plan?plan continuity?unit exchange tax-free
  • 2002-0123153    §2341 — Unit Exchanges — Unit Exchanges
    • Corporate Division — split-off or spin-off?DSU plan adjustment?additional units to compensate for lower value of share
  • 2002-0122157    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2002-0118963    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2002-0118827    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2002-0117243    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2002-0109835    §2386 — Expensing — Interest
    • Interest In Option — option in respect of option?opposite interpretations?derivative interest
  • 2001-0115933    §1054 — The Benefit — Qualifying Person
    • — employee of partnership?qualifying corporation as corporate partner?specific employment
  • 2001-0111775    §1254 — Deferred Compensation — Appreciation Rights
    • Value At Outset — promise to pay?no constructive receipt?appreciation right as promise?right with or without initial value?starting value as evidence of deferral?earned value as deferral
  • 2001-0111775    §1340 — Non-resident Benefit — CRA Hybrid Methodology
    • Other Stock-based Benefits — apportionment for noncompliant stock options?SAR and PAR?salary deferral arrangement, DSU and RSU?employee benefit plan?international allocation of deferred benefits?hybrid methodology
  • 2001-0109657    §2269 — Rights Ceasing To Be Exercisable — Cessation Event
    • Unvested Options — ceasing to be exercisable?payment upon merger?no disposition?option cessation whether vested or not?vesting and exercisability conflated
  • 2001-0107613    §2025 — Family Option Transfers — Death Of The Taxpayer
    • Corporation — corporation vested in rights?benefit as income from the duties of employment?Form 5013-SA?source withholding?
  • 2001-0107613    §2027 — Holdco Option Transfers — Transfer Of Rights To Holding Corporation
    • — safe harbour?transfer by employee to holding company?gain on transfer not taxable?GAAR on transfer of shares of holding company
  • 2001-0107613    §2031 — Holdco Option Transfers — Adjusted Cost Base Benefit Addition
    • Overview — benefit in respect of share, addition to adjusted cost base of share?share acquired by vested person, bump if not at not arm's length?bump if acquisition after death of employee
  • 2001-0107293    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 2001-0107293    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0107293    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2001-0107293    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2001-0107293    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2001-0105883    §2417 — Recharging — Inducement, Benefit, Dividend
    • — reimbursement by subsidiary for stock benefit conferred by parent?reimbursement not received in the course of earning income?no shareholder benefit?no crossborder dividend?GAAP expense, stated capital, tax benefit, dilution factor?administrative concession
  • 2001-0105023    §2139 — Repricing Amendments — Repricing Methods
    • Overview — repricing by amendment, original price compliant?repricing by exchange, original price compliant?repricing by disposition or deemed disposition, new price compliant
  • 2001-0104223    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0103315    §2378 — Expensing — Recognition
    • Share Expenditures — expenditure by issuing shares?GAAP?share for property?share for debt?share for expenses?property contributed by shareholder
  • 2001-0102193    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0101633    §1286 — Share-based Dividend Equivalents — Overview
    • — dividends on notional shares?settlement as cash or unit entitlement?SAR, DSU and RSU
  • 2001-0101301    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 2001-0101183    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2001-0101183    §2340 — Unit Exchanges — Unit Exchanges
    • Convertibility — different plans for different corporations in group?employment transfer within group?plan interchangeability?unit convertibility?forfeit of DSU unit for underwater appreciation unit
  • 2001-0098827    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2001-0098145    §1053 — The Benefit — Scope
    • — grantor, issuer and employer?who is the "particular qualifying person"?to whom amount paid on issue or sale
  • 2001-0096795    §2139 — Repricing Amendments — Repricing Methods
    • Overview — repricing by amendment, original price compliant?repricing by exchange, original price compliant?repricing by disposition or deemed disposition, new price compliant
  • 2001-0096795    §2235 — Option Changes — CRA Positions
    • Repricing, Spinoff, Deemed Disposition — repricing of options following spinoff?no cancellation, no disposition?new price reflects diminished value of existing business?repricing deemed disposition
  • 2001-0095243    §1266 — DSU — Typical Plans
    • Overview — end of employment plan conditions?employment?beneficiary?contract parties?maturity?share dependence?at risk
  • 2001-0093225    §2139 — Repricing Amendments — Repricing Methods
    • Overview — repricing by amendment, original price compliant?repricing by exchange, original price compliant?repricing by disposition or deemed disposition, new price compliant
  • 2001-0092337    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 2001-0091247    §1182 — Benefit Outside Employment — Consultants
    • Option Inclusion — option as amount received?consultant option as expectation of shares?vesting conditions as unearned amount?shares not receivable?reserve
  • 2001-0091247    §2030 — Holdco Option Transfers — Exercise Of Rights As Disposition
    • — benefit on acquisition of shares, benefit on disposition of rights?two sources of liability?construction of Act, no double inclusion?if no benefit, rights as capital property?no disposition on exercise of option
  • 2001-0091247    §2057 — Paid-up Capital — Convertible Instrument
    • Convertible Shares — deference to corporate requirements?option as convertible instrument?high paid-up capital
  • 2001-0091247    §2227 — Option Changes — "Disposition To"
    • No Acquisition Of Option — whether property acquired on option cancellation?if not acquired, whether not disposed of "to"?disposition "to," whether occurs on agreement changes?vested person attribution or inclusion, no acquisition "by" person after employee's death
  • 2001-0085613    §1284 — DSU — End Of Employment
    • Retiring Allowances Policy — end of employment, retiring allowances criterion?same test for DSU plan?employment with entity that is not corporation or related thereto?plan disqualification without loss of employment
  • 2001-0085613    §2354 — Unit Exchanges — Plan Winding-up
    • Disqualification In Final Year — rulings accepting premature plan winding-up?disqualification, inclusion in last year?plan compliant in earlier year
  • 2001-0082983    §2416 — Recharging — Financial Standard Valuation
    • — shareholder benefit for unreasonable reimbursement?measure of benefit, intrinsic cost?acceptability of GAAP expense
  • 2001-0082183    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0082183    §1286 — Share-based Dividend Equivalents — Overview
    • — dividends on notional shares?settlement as cash or unit entitlement?SAR, DSU and RSU
  • 2001-0081837    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2001-0080495    §1176 — Benefit Outside Employment — Startup
    • Going Public — going public?benefit as employee or shareholder?little CRA guidance?comparing stakeholders
  • 2001-0080393    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0080393    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 2001-0079677    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 2001-0077753    §1172 — Benefit Outside Employment — Director
    • Services Performed Qua Director — director defined as employee?option granted in capacity of director as employee or something else?director as nominee
  • 2001-0077753    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2001-0076493    §1194 — Benefit Deduction — Price Requirement
    • Opening And Closing Price — closing price of original agreement?other agreements, closing price equal or greater than opening price?on exchange, net value requirement?when price variation not disposition
  • 2001-0075543    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0073595    §2317 — Deferred Share Exchanges — Adjusted Cost Case
    • — deferral shares, adjusted cost base adjustment upon acquisition?capital reorganization, adjustment reflected
  • 2001-0072955    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 2001-0072425    §2071 — Selling Deferred Shares — Identification
    • Technical Requirements — designation requirements?acquisition, disposition and designation?31-day window?security not designated twice
  • 2001-0071583    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2001-0071485    §1207 — Prescribed Shares — When Determined
    • Sale Or Issue — time of actual sale or issue?time of fictional sale or issue rights disposed of?trusteed arrangements
  • 2001-0071485    §2126 — Prescribed Share Swaps — Swap
    • — shares used to pay option price?swap not compliant if right, obligation or reasonable expectation?purpose of swap, not to make market
  • 2001-0071485    §2130 — Prescribed Share Swaps — Reload Option
    • — options awarded following swap attestation?separate benefit?price of shares or price of shares and reload options?eligibility for benefit deduction?amended original agreement
  • 2001-0071485    §2131 — Prescribed Share Swaps — Non-compliant US Plan
    • — offside provisions for Canadian employees?swap shares owned for two years?board discretion to prevent offside exercise?board undertakings
  • 2001-0071485    §2136 — Prescribed Share Agreements — Withholding Tax
    • — redemption to pay withholding tax?net settlement?cashless exercise?penalty redemption
  • 2001-0071485    §2228 — Option Changes — CRA Positions
    • Individual Agreement — not collective plan framework?option as separate agreement?fundamental change to agreement or to some rights under agreement?right to acquire future dividend on share?cash for modification, safe harbour
  • 2001-0068447    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 2001-0067027    §2309 — Option Exchanges — Cost Of New Rights
    • — non-qualifying option exchange if overvalue?disposition of old option for new option?cost of new option equal to value of old option?overvalue not recognized as cost of new option?exchange of appreciation right
  • 2001-0067027    §2327 — Settling DSUs — Settling Arrangement With Shares
    • Stock Appreciation Right Exchanged For Stock Options — nil starting value appreciation right, exchanged for stock option?accelerated right to cashout, no payment?new promise to pay, or payment
  • 2001-0066303    §2233 — Option Changes — CRA Positions
    • Repricing, Spinoff, Option Cancellation — exchange of options, spinoff of business?net value of new option not greater than old?disposition upon cancellation of old option?exchange compliant with conditions for relief
  • 2001-0066303    §2235 — Option Changes — CRA Positions
    • Repricing, Spinoff, Deemed Disposition — repricing of options following spinoff?no cancellation, no disposition?new price reflects diminished value of existing business?repricing deemed disposition
  • 2001-0066303    §2290 — Option Exchanges — Continuity
    • — no disposition, same option, same grantor?deeming for benefit inclusion only, not benefit deduction?drafting circularity
  • 2001-0064025    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 2000-0063133    §1028 — The Agreement — Directorate Policy
    • Employee Share Purchase Plan — offer to subscribe for any number of shares?employer bound to accept subscription?agreement, discount not deductible?discretion to accept subscription
  • 2000-0063133    §2411 — Option Settlement Costs — Share Settlement
    • — legally-binding agreement, no deduction?share settlement declined?cash settlement induced
  • 2000-0062305    §2409 — Option Settlement Costs — No Deduction For Share Settlement
    • — benefit conferred?only for share issue or sale?vested person as the employee?no benefit conferred if rights disposed of?rights disposed of on death?transaction and administration costs
  • 2000-0062295    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 2000-0058793    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0057893    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2000-0057853    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 2000-0057243    §2269 — Rights Ceasing To Be Exercisable — Cessation Event
    • Unvested Options — ceasing to be exercisable?payment upon merger?no disposition?option cessation whether vested or not?vesting and exercisability conflated
  • 2000-0057243    §2301 — Option Exchanges — Hiatus In Exercisability
    • Automatic Exercise — old options not exercisable after merger?special resolution, settlement with shares of merged entity, not predecessor?cessation of exercisability
  • 2000-0057243    §2304 — Option Exchanges — Only Rights As Consideration
    • Bonus — amount received as bonus, not consideration for rights?bonus percentage of strike price
  • 2000-0056883    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 2000-0056537    §1263 — Deferred Compensation — Appreciation Rights
    • Right Upon Vesting, Not Upon Grant — award based on cumulative earnings?no right to an amount before vesting?no main tax purpose if based on future earnings after vesting?multiyear award
  • 2000-0051053    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0051053    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2000-0050505    §2417 — Recharging — Inducement, Benefit, Dividend
    • — reimbursement by subsidiary for stock benefit conferred by parent?reimbursement not received in the course of earning income?no shareholder benefit?no crossborder dividend?GAAP expense, stated capital, tax benefit, dilution factor?administrative concession
  • 2000-0048355    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2000-0048205    §1096 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Grantor — employer settling option with open market shares of issuer?sale by employer, expense not deductible?other provenance, shares owned or loaned
  • 2000-0046367    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2000-0044813    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0044813    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2000-0043243    §1265 — Deferred Compensation — Appreciation Rights
    • Exchange For Other Rights — nil starting value appreciation right?on change of control election to receive units under SDA exception plan?no inclusion of income on conversion?new promise to pay with different right not payment?gain on old promise as different property?appreciation right as entitlement
  • 2000-0041923    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0041885    §1102 — Benefits Outside Section 7 — Open Market Share
    • Hedging — open market purchase by employer, treasury shares settled on employee profit sharing plan?treasury shares issued to trust, trust settles option with open market shares?cost of acquiring shares not deductible?offloading financial cost of agreement, deductibility
  • 2000-0041885    §2370 — Expensing — Plan Contributions
    • Employee Benefit Plan — acquisition of treasury shares by trust or custodian?not Employee Benefit Plan?arrangement governed by stock benefit agreement
  • 2000-0041673    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0041673    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2000-0040623    §1276 — DSU — Tracking Shares
    • Funded Subsidiary — annual election?bonus allocated to units based on value of special shares?undisclosed investments of funded subsidiary?units redeemable for value of special shares?GAAR inapplicable
  • 2000-0040623    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2000-0037677    §2056 — Paid-up Capital — Convertible Instrument
    • Directorate Policy — share payment, determination of cost?consideration agreed by parties?asymmetry, stated capital less than value
  • 2000-0036973    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2000-0036753    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0036753    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2000-0035415    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 2000-0035007    §1263 — Deferred Compensation — Appreciation Rights
    • Right Upon Vesting, Not Upon Grant — award based on cumulative earnings?no right to an amount before vesting?no main tax purpose if based on future earnings after vesting?multiyear award
  • 2000-0034915    §2417 — Recharging — Inducement, Benefit, Dividend
    • — reimbursement by subsidiary for stock benefit conferred by parent?reimbursement not received in the course of earning income?no shareholder benefit?no crossborder dividend?GAAP expense, stated capital, tax benefit, dilution factor?administrative concession
  • 2000-0032675    §1184 — Benefit Outside Employment — Consultants
    • Option Exercise — exercise as source of business income?vesting and performance?barter transactions?two inclusions
  • 2000-0032525    §2299 — Option Exchanges — Option Continuation
    • Stock Benefit Deduction — continuation of option, stock benefit deduction?CCPC status continued for stock benefit inclusion only?contrast with exchange of shares?no additional fiction necessary
  • 2000-0030695    §1017 — The Agreement — Transalta TCC
    • Obligation — agreement to issue shares?legally-binding agreement?discretion to settle shares or cash
  • 2000-0030695    §1020 — The Agreement — Directorate Policy
    • Discretionary Share Bonus Plan — award fully discretionary?discretion as to quantum and cash or share settlement?where employer later commits to issue of shares, binding agreement
  • 2000-0030695    §2411 — Option Settlement Costs — Share Settlement
    • — legally-binding agreement, no deduction?share settlement declined?cash settlement induced
  • 2000-0029575    §1355 — Non-resident Benefit — OECD Methodology
    • Example: CCPC Shares — apportionment of benefit based on grant to vesting period?post-exercise benefit as gain, not employment income?treaty protection for non-resident and resident
  • 2000-0029575    §1363 — Non-resident Benefit — Methodologies
    • Example: OECD Method Compared To Pre-2012 Policy — same year tax, foreign tax credit?taxable event mismatches
  • 2000-0029575    §1378 — Non-resident Benefit — Timing Of Relief Claims
    • — timing mismatches?reassessment?competent authority procedure?notice of objection
  • 2000-0029465    §2417 — Recharging — Inducement, Benefit, Dividend
    • — reimbursement by subsidiary for stock benefit conferred by parent?reimbursement not received in the course of earning income?no shareholder benefit?no crossborder dividend?GAAP expense, stated capital, tax benefit, dilution factor?administrative concession
  • 2000-0024213    §1308 — Supplementary Pension — Deprecation Of RCA To SDA
    • Reasonableness — RCA treated as SDA if benefit not reasonable?comparison to RPP, contribution rate?electing a compensation mix?technical requirement of salary deferral
  • 2000-0023207    §2406 — Capital Expenditures — Cash Settlement On Takeover
    • — cancellation of options, when capital outlay?compensation expense or expenditure of enduring benefit
  • 2000-0023207    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 2000-0021013    §1289 — Share-based Dividend Equivalents — RSUs
    • — deferred bonus plan?dividend equivalent not additional bonus?early payout of dividend equivalent, no postponement of tax for RSU??appreciation plan, future or current services
  • 2000-0021013    §1293 — RSU — Overview
    • — bonus "to be paid" within 3 years?two different periods referenced by ruling policy?employer period test?employee period test
  • 2000-0021013    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 2000-0021013    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2000-0018745    §1317 — Non-resident Benefit — Statutory Scheme
    • — benefit deferred?employment continued as fiction?connecting benefit to source?treaty and statutory conditions
  • 2000-0018205    §2027 — Holdco Option Transfers — Transfer Of Rights To Holding Corporation
    • — safe harbour?transfer by employee to holding company?gain on transfer not taxable?GAAR on transfer of shares of holding company
  • 2000-0017993    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2000-0017993    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 2000-0017993    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 2000-0016875    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 2000-0016875    §2309 — Option Exchanges — Cost Of New Rights
    • — non-qualifying option exchange if overvalue?disposition of old option for new option?cost of new option equal to value of old option?overvalue not recognized as cost of new option?exchange of appreciation right
  • 2000-0016875    §2329 — Settling DSUs — Settling Arrangement With Shares
    • Appreciation Right Surrendered For Shares — agreement to issue shares without prior award of options?safe harbour for shares issued to satisfy entitlement under SAR?contingent right to shares made redundant
  • 2000-0015253    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 2000-0011903    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 2000-0011903    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 2000-0007563    §1293 — RSU — Overview
    • — bonus "to be paid" within 3 years?two different periods referenced by ruling policy?employer period test?employee period test
  • 2000-0006935    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 2000-0006935    §1186 — Benefit Outside Employment — Consultants
    • Capital Or Income — gain on exercise?no disposition if capital?gain or profit on share sale?adventure in the nature of trade?loss
  • 2000-0006057    §1407 — Withholding And Reporting — Reporting
    • Reporting Benefits And Deduction — reporting benefit, box 14 and box 38?reporting benefit deduction?reporting CCPC benefits?actual payment not coinciding with reporting obligation?reporting CPP and EI
  • 2000-0004163    §2341 — Unit Exchanges — Unit Exchanges
    • Corporate Division — split-off or spin-off?DSU plan adjustment?additional units to compensate for lower value of share
  • 2000-0004153    §2341 — Unit Exchanges — Unit Exchanges
    • Corporate Division — split-off or spin-off?DSU plan adjustment?additional units to compensate for lower value of share
  • 2000-0003223    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 2000-0003223    §1286 — Share-based Dividend Equivalents — Overview
    • — dividends on notional shares?settlement as cash or unit entitlement?SAR, DSU and RSU
  • 2000-0000227    §2415 — Recharging — Shareholder Benefit
    • — cross border benefits?nondeductible reimbursement by subsidiary, no benefit?cost assumption by employer, no benefit
  • 2000-0000227    §2416 — Recharging — Financial Standard Valuation
    • — shareholder benefit for unreasonable reimbursement?measure of benefit, intrinsic cost?acceptability of GAAP expense
  • 2000-0000155    §2357 — Emigration And Immigration — Overview
    • — disposition of property?exclusions
  • 1999-0014495    §2126 — Prescribed Share Swaps — Swap
    • — shares used to pay option price?swap not compliant if right, obligation or reasonable expectation?purpose of swap, not to make market
  • 1999-0014495    §2128 — Prescribed Share Swaps — Swap Attestation Procedure
    • Rulings — attestation not disposition?net share settlement?adjusted cost base bump
  • 1999-0014495    §2314 — Deferred Share Exchanges — Convertible Shares
    • — convertible preferred shares?conversion into common shares excluded from exchange
  • 1999-0014095    §1167 — Benefit Deferral CCPC — CCPC Status Determination
    • Timing — CCPC at time of agreement?option conditional on going public?time of vesting not relevant for CCPC status
  • 1999-0014095    §2224 — Option Changes — Disposition As Security Alteration
    • Debt Obligation As Template — agency revised policy?disposition if fundamental change in agreement?formerly, cancellation of plan not dispositive?debt obligation principles applicable to stock option
  • 1999-0013915    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 1999-0013915    §1184 — Benefit Outside Employment — Consultants
    • Option Exercise — exercise as source of business income?vesting and performance?barter transactions?two inclusions
  • 1999-0010505    §2366 — Emigration And Immigration — Restructuring Options
    • Immigration — planning for immigration?benefit tax trap?exercise options?change vesting?disqualify the agreement
  • 1999-0010485    §2359 — Emigration And Immigration — "Excluded Right Or Interest"
    • Rights Under Agreement — option outside agreement section 7?trusteed option plans?trust as EBP?personal trust?reportable property
  • 1999-0009047    §1397 — US Treaty Benefit — More Than 183 Days Threshold
    • Days Count — days of presence, definition?part of day?excludes days during which resident
  • 1999-0008625    §2019 — Family Option Transfers — Between Persons Not Dealing At Arm's Length
    • Only At Each Transaction — chain of transactions?attribution if non arm's length at each link?cost case adjustment
  • 1999-0008605    §2416 — Recharging — Financial Standard Valuation
    • — shareholder benefit for unreasonable reimbursement?measure of benefit, intrinsic cost?acceptability of GAAP expense
  • 1999-0007315    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 1999-0007315    §1238 — Deferred Compensation — Constructive Receipt
    • Salary Deferral Arrangements — specific provisions altering time of receipt?salary deferral arrangement, amounts earned that were deferred for tax purpose?constructive receipt, amounts at disposal of employee?concurrent application
  • 1999-0007315    §1249 — Deferred Compensation — Salary Deferral Arrangement
    • Excluded Arrangements — pension plans, profit sharing plans, employee trusts, etc.?deferred salary leave plans?bonus plans and end of employment plans?deferred compensation election as plan feature
  • 1999-0007315    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 1999-0007315    §1260 — Deferred Compensation — Appreciation Rights
    • Accrual As Deferred Amount — right or entitlement?right to salary postponed by employee?inclusion of accruals?variation in value of deferral?amount accrued distinguished
  • 1999-0007315    §1312 — Other Deferrals — Retiring Allowance
    • Instalments — SDA where salary or wages traded for retiring allowance?retiring allowance paid by instalment?constructive receipt?funded through trust, RCA
  • 1999-0006705    §2049 — CCPC Share Dispositions — Synthetic Dispositions
    • — short sale, not disposition?introduction of synthetic dispositions?price guarantee as disposition
  • 9M19190    §2366 — Emigration And Immigration — Restructuring Options
    • Immigration — planning for immigration?benefit tax trap?exercise options?change vesting?disqualify the agreement
  • 9M18520    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired?title passing?other incidents of ownership including voting rights and dividends
  • 9932063    §1265 — Deferred Compensation — Appreciation Rights
    • Exchange For Other Rights — nil starting value appreciation right?on change of control election to receive units under SDA exception plan?no inclusion of income on conversion?new promise to pay with different right not payment?gain on old promise as different property?appreciation right as entitlement
  • 9931263    §1276 — DSU — Tracking Shares
    • Funded Subsidiary — annual election?bonus allocated to units based on value of special shares?undisclosed investments of funded subsidiary?units redeemable for value of special shares?GAAR inapplicable
  • 9931263    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9929533    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9929533    §1286 — Share-based Dividend Equivalents — Overview
    • — dividends on notional shares?settlement as cash or unit entitlement?SAR, DSU and RSU
  • 9929533    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9929533    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 9929053    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9929053    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 9928853    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9928853    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9926113    §1285 — DSU — End Of Employment
    • Affiliate Termination Clauses — termination with employer or affiliate?loss of affiliate status?director and employee?employment at law
  • 9926113    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 9926105    §1253 — Deferred Compensation — Appreciation Rights
    • Properties — initial value?entitlement?consideration?settlement?maturity?type of incentive?as SDA exception, RSU and DSU?benefit in kind?reporting standard
  • 9925233    §1303 — RSU — Investment Contract
    • — units based on leveraged investment contract?accrual not interest
  • 9922845    §2137 — Prescribed Share Agreements — Flow-through Share
    • — expense renunciation?disqualification on paid-up capital reduction
  • 9922093    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9922093    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9919265    §2296 — Option Exchanges — Option Continuation
    • CCPC Shares — conditions for CCPC option?grantor, issuer and employer as CCPC?employee dealing at arm's length?disqualifying exchange?option fictionally continued
  • 9919265    §2299 — Option Exchanges — Option Continuation
    • Stock Benefit Deduction — continuation of option, stock benefit deduction?CCPC status continued for stock benefit inclusion only?contrast with exchange of shares?no additional fiction necessary
  • 9917053    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 9916605    §2415 — Recharging — Shareholder Benefit
    • — cross border benefits?nondeductible reimbursement by subsidiary, no benefit?cost assumption by employer, no benefit
  • 9915357    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave?accumulated overtime??overtime not bonus?unused sick leave credit
  • 9915357    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 991354A    §2304 — Option Exchanges — Only Rights As Consideration
    • Bonus — amount received as bonus, not consideration for rights?bonus percentage of strike price
  • 9910975    §1097 — Benefits Outside Section 7 — Open Market Share
    • Re-issue By Corporation — shares acquired by issuer?reimbursement of cost of shares by employer?shares issued or sold under agreement, cost not deductible?shares re-issued as shares no longer issued
  • 9910975    §1156 — Bonus Or Restricted Shares — Share Provenance
    • — provenance of the shares?issued or unissued?from treasury or reacquired on open market?provenance-blind policy
  • 9909565    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 9909163    §2271 — Rights Ceasing To Be Exercisable — Cessation Event
    • Condition Contemplating Cessation — agreement stipulating cessation event?otherwise exercisable upon cessation under agreement?unexcercisable for economic reasons?exercisable at a different time?bankruptcy as reason for cessation
  • 9909163    §2290 — Option Exchanges — Continuity
    • — no disposition, same option, same grantor?deeming for benefit inclusion only, not benefit deduction?drafting circularity
  • 9909163    §2300 — Option Exchanges — Hiatus In Exercisability
    • Phantom Stock — staggered exchange of options?phantom stock not consideration?number of optioned shares unknown before demerger?cessation of exercisability
  • 9908203    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9906983    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 9906633    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9906633    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 9903163    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 9902593    §2415 — Recharging — Shareholder Benefit
    • — cross border benefits?nondeductible reimbursement by subsidiary, no benefit?cost assumption by employer, no benefit
  • 9902145    §1173 — Benefit Outside Employment — Director
    • Scott FCA, Director, Employment — employee of corporation other than issuer?de facto employment with issuer, director?benefit in respect of employment
  • 9902145    §1184 — Benefit Outside Employment — Consultants
    • Option Exercise — exercise as source of business income?vesting and performance?barter transactions?two inclusions
  • 9902145    §1187 — Benefit Outside Employment — Consultants
    • Service Corporation — options earned by consulting corporation?options transferred to employee?employee benefit measured as fair market value?option attributed by client to employee?attribution of income
  • 9901403    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 9900816    §1097 — Benefits Outside Section 7 — Open Market Share
    • Re-issue By Corporation — shares acquired by issuer?reimbursement of cost of shares by employer?shares issued or sold under agreement, cost not deductible?shares re-issued as shares no longer issued
  • 9900816    §1156 — Bonus Or Restricted Shares — Share Provenance
    • — provenance of the shares?issued or unissued?from treasury or reacquired on open market?provenance-blind policy
  • 9900816    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 9900433    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9833815    §2239 — Option Changes — Problem Changes
    • Agreement Ceasing To Qualify — taxation of right under agreement?cashout added to agreement?agreement may cease to comply?no taxation of intrinsic value at time of grant, safe harbour?no taxation of other benefit received except at grant or vesting?cessation of exercisability
  • 9833815    §2297 — Option Exchanges — Option Continuation
    • Disqualified Agreement — agreement ceasing to qualify after exchange?same option continuation?same prior qualifying agreement?benefit deduction eligibility
  • 9833463    §1293 — RSU — Overview
    • — bonus "to be paid" within 3 years?two different periods referenced by ruling policy?employer period test?employee period test
  • 9831333    §2290 — Option Exchanges — Continuity
    • — no disposition, same option, same grantor?deeming for benefit inclusion only, not benefit deduction?drafting circularity
  • 9829193    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 9828893    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 9827445    §1284 — DSU — End Of Employment
    • Retiring Allowances Policy — end of employment, retiring allowances criterion?same test for DSU plan?employment with entity that is not corporation or related thereto?plan disqualification without loss of employment
  • 9826425    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 9826425    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9825275    §1167 — Benefit Deferral CCPC — CCPC Status Determination
    • Timing — CCPC at time of agreement?option conditional on going public?time of vesting not relevant for CCPC status
  • 9823323    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9821583    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9821583    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9821425    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 9821425    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 9821383    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9820743    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 9819745    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave?accumulated overtime??overtime not bonus?unused sick leave credit
  • 9819383    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9819383    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9819383    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 9819311    §1334 — Non-resident Benefit — Remuneration Connection
    • International Acceptance — dependent services treaty provisions, scope defined by "salary or wage"?definition of remuneration unnecessary?deemed income, deemed employment, no apportionment
  • 9818505    §2060 — Paid-up Capital — Bonus Shares
    • Double Liability — deemed dividend, purchase or cancellation CCPC shares?benefit and dividend with capital loss offset?double tax relief inapplicable?stock benefit safe harbour?
  • 9813933    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9811345    §1105 — Benefit Upon Conversion — Debenture
    • Mansfield FCA — benefit derived by virtue of employment?benefit equal to excess of debenture value over principal amount?amount paid for shares not the value of debenture given up
  • 9811345    §2043 — CCPC Share Dispositions — Rollovers
    • — deferred share as capital property?convertible share, exchange?transfers and reorganizations, disposition on exchange?stock dividend, not substituted property
  • 9811345    §2314 — Deferred Share Exchanges — Convertible Shares
    • — convertible preferred shares?conversion into common shares excluded from exchange
  • 9809225    §1238 — Deferred Compensation — Constructive Receipt
    • Salary Deferral Arrangements — specific provisions altering time of receipt?salary deferral arrangement, amounts earned that were deferred for tax purpose?constructive receipt, amounts at disposal of employee?concurrent application
  • 9807973    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9807853    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 9807853    §2352 — Unit Exchanges — Dependent Share Changes
    • — reorganizational events, nomenclature?value adjustments protection?no downward fluctuation clause
  • 9807423    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9807423    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9807000    §1304 — Supplementary Pension — SDA And RCA Compared
    • Two Amounts — RCA funded, SDA funded or unfunded?SDA overrides RCA?two amounts referenced in SDA definition?first amount, retirement benefit, second amount current compensation
  • 9807000    §1306 — Supplementary Pension — SDA And RCA Compared
    • Compensation Paid After Retirement — RCA treated as SDA?current salary or bonus traded for retirement benefit
  • 9806237    §2226 — Option Changes — "Disposition To"
    • Disposition Of Shares On Cancellation — "disposition to" on exchange of shares?amendment for "disposition to" on redemption?rollover on disposition to corporation of its shares
  • 9803915    §2232 — Option Changes — CRA Positions
    • Repricing — price reduction not fundamental?economic variation in taxpayer position not basis for assessment?no realized value at time of change
  • 9803915    §2233 — Option Changes — CRA Positions
    • Repricing, Spinoff, Option Cancellation — exchange of options, spinoff of business?net value of new option not greater than old?disposition upon cancellation of old option?exchange compliant with conditions for relief
  • 9802956    §1311 — Other Deferrals — Retiring Allowance With SDA
    • Intersection — retiring allowance, defined?salary or wages postponed for retiring allowance
  • 9800567    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9800277    §1336 — Non-resident Benefit — CRA Option Methodology
    • CRA Policy, Prior To 2012 Apportionment — apportionment based on employment in Canada in year of grant?compelling evidence required for allocation to vesting period
  • 9733783    §2290 — Option Exchanges — Continuity
    • — no disposition, same option, same grantor?deeming for benefit inclusion only, not benefit deduction?drafting circularity
  • 9732103    §1304 — Supplementary Pension — SDA And RCA Compared
    • Two Amounts — RCA funded, SDA funded or unfunded?SDA overrides RCA?two amounts referenced in SDA definition?first amount, retirement benefit, second amount current compensation
  • 9731165    §2309 — Option Exchanges — Cost Of New Rights
    • — non-qualifying option exchange if overvalue?disposition of old option for new option?cost of new option equal to value of old option?overvalue not recognized as cost of new option?exchange of appreciation right
  • 9729883    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9729883    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9728505    §1031 — The Agreement — Legally-binding Requirement
    • Corporate Process — many steps in corporate process?when agreement becomes binding?non-discretionary award
  • 9728505    §1167 — Benefit Deferral CCPC — CCPC Status Determination
    • Timing — CCPC at time of agreement?option conditional on going public?time of vesting not relevant for CCPC status
  • 9728003    §1251 — Deferred Compensation — Section 7 Rights
    • Safe Harbour For Deferred Compensation — complete code for stock benefits?stock benefit safe harbour?comparative object of stock benefit and SDA provisions?option grant as instituting SDA?technical compatibility
  • 9728003    §2325 — Settling DSUs — Settling Arrangement With Shares
    • Indefinite Deferral, Agreement To Issue Shares — election to defer cash bonus?entitlement to appreciation right with whole starting value?extension of maturity date, not SDA?change of maturity, not disposition of rights
  • 9727725    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9727273    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 9725683    §1022 — The Agreement — Directorate Policy
    • Deferred Compensation — settlement of DSU units in shares, no agreement if employer can elect cash or shares?reversal of policy, no agreement even if shares issued?expense not deductible
  • 9725683    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9725683    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9725683    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 9725683    §2332 — Settling DSUs — Settling Arrangement With Shares
    • Open Market Shares — brokerage fees, benefit for participant?administration fees, not benefit?cost of shares, open market?cost base, treasury
  • 9725683    §2354 — Unit Exchanges — Plan Winding-up
    • Disqualification In Final Year — rulings accepting premature plan winding-up?disqualification, inclusion in last year?plan compliant in earlier year
  • 9725683    §2413 — Option Settlement Costs — Net Of Tax Settlement
    • — deduction of tax withheld?cash benefit or share benefit?directorate policy reversed
  • 9725315    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 9725315    §2232 — Option Changes — CRA Positions
    • Repricing — price reduction not fundamental?economic variation in taxpayer position not basis for assessment?no realized value at time of change
  • 9724915    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 9724523    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 9724275    §2216 — Option Changes — Disposition As Fundamental Change
    • Amirault — option repriced?amendment original terms?variation, no rescission?change not fundamental?change effective from original date
  • 9724275    §2232 — Option Changes — CRA Positions
    • Repricing — price reduction not fundamental?economic variation in taxpayer position not basis for assessment?no realized value at time of change
  • 9723463    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 9720993    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 9720745    §2116 — Prescribed Share Acquisitions — Going Private
    • — option exercised on minority buyout?reasonable expectation, share disqualified?no safe harbour if no right or obligation?purpose of buyout right not necessarily market-making
  • 9719003    §1291 — Share-based Dividend Equivalents — Section 7 Agreements
    • — restricted share unit settled by issuing shares?dividend-equivalent on units settled in cash?safe harbour inapplicable without right to receive shares in satisfaction of dividend-equivalent units?dividend-equivalent attached to option
  • 9719003    §2303 — Option Exchanges — Only Rights As Consideration
    • Dividend Equivalents — dividend equivalent as consideration other than rights, cash?as rights to shares if payable in shares
  • 9718803    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9718803    §1281 — DSU — Valuation Of Units
    • Overview — value for payout, allocation and dividends?"depends" on value?directorate policy, equal to fair market value?several value measures accepted for listed shares
  • 9718803    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 9718375    §1305 — Supplementary Pension — SDA And RCA Compared
    • Overlapping Intent — SDA exception for end-of-employment, same time frame as RCA retirement?funding of end-of-employment plan, characterization as RCA
  • 9717003    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 9716083    §1291 — Share-based Dividend Equivalents — Section 7 Agreements
    • — restricted share unit settled by issuing shares?dividend-equivalent on units settled in cash?safe harbour inapplicable without right to receive shares in satisfaction of dividend-equivalent units?dividend-equivalent attached to option
  • 9716083    §2303 — Option Exchanges — Only Rights As Consideration
    • Dividend Equivalents — dividend equivalent as consideration other than rights, cash?as rights to shares if payable in shares
  • 9716015    §2305 — Option Exchanges — Enrichment Test
    • Share Value — same net value of option before and after?no regard for cost of new shares?vesting conditions not considered?standard valuation?plural options for one, one for plural
  • 9715785    §1236 — Deferred Compensation — Constructive Receipt
    • Agency Core Policy — employee's account?no restriction on use?if conditions, amount not received?benefit enjoyed by taxpayer or another person?state of caselaw
  • 9715785    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 9715773    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9715773    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9714185    §2031 — Holdco Option Transfers — Adjusted Cost Base Benefit Addition
    • Overview — benefit in respect of share, addition to adjusted cost base of share?share acquired by vested person, bump if not at not arm's length?bump if acquisition after death of employee
  • 9713003    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9713003    §2320 — Settling DSUs — Initiating Arrangement
    • Preceding Taxation Year Elections — election in year preceding?election in first employment year, bonus for year commencing after election?election before bonus payment date?constructive receipt
  • 9712645    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9711455    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 9711455    §1294 — RSU — Variable Salary
    • — bonus as extra amount, not just variable?extra as discretionary award
  • 9711103    §1308 — Supplementary Pension — Deprecation Of RCA To SDA
    • Reasonableness — RCA treated as SDA if benefit not reasonable?comparison to RPP, contribution rate?electing a compensation mix?technical requirement of salary deferral
  • 970972A    §2385 — Expensing — Interest
    • Interest Directorate Policy — interest as economic stake?option as interest in taxpayer?not dealing at arm's length?limitation on entity subject to option
  • 9709717    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave?accumulated overtime??overtime not bonus?unused sick leave credit
  • 9709215    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9708203    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 970802A    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 9705575    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares?discount for trading restriction?policy, restricted share versus option?US policy for restricted shares
  • 9704685    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired?title passing?other incidents of ownership including voting rights and dividends
  • 9704333    §2414 — Recharging — Overview
    • — nondeductibility for any person, any income reduction?reimbursement by employer for settlement of share benefit, nondeductible?cash benefit, deductible?reimbursement as proxy
  • 9704273    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9704273    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9703023    §2230 — Option Changes — CRA Positions
    • Cashout — new and existing grants?addition of right to net option value as cash?no disposition of rights?formal right to stock, little likelihood of exercise?disposition as realization?valuation time as original time of agreement
  • 9702363    §1271 — DSU — DSU Director Plans
    • Policy — director equity ownership?director as employee?fairness, employment or appointment??no distinction between director and executive plans in ruling policy
  • 9702363    §1287 — Share-based Dividend Equivalents — Rulings Policy
    • — credit of dividend equivalent units, no income inclusion?no disqualification of otherwise compliant arrangement?blanket and more limited rulings
  • 9700303    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit?"right or thing" if no election prior to death?right to treasury shares disposed of
  • 9637406    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9635535    §2027 — Holdco Option Transfers — Transfer Of Rights To Holding Corporation
    • — safe harbour?transfer by employee to holding company?gain on transfer not taxable?GAAR on transfer of shares of holding company
  • 9635535    §2289 — Option Exchanges — Relief
    • Option As Capital Property — capital property if no benefit or no disposition?precedence of benefit provisions
  • 9635481    §2379 — Expensing — Mechanics
    • Outflows And Inflows — share or option expenditure?outflows and inflows?amount figuring in computation?outlay or expense subsumed in expenditure?expenditure in computing income, taxable income or tax payable?remittances
  • 9635095    §1312 — Other Deferrals — Retiring Allowance
    • Instalments — SDA where salary or wages traded for retiring allowance?retiring allowance paid by instalment?constructive receipt?funded through trust, RCA
  • 9634883    §2290 — Option Exchanges — Continuity
    • — no disposition, same option, same grantor?deeming for benefit inclusion only, not benefit deduction?drafting circularity
  • 9632445    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares?discount for trading restriction?policy, restricted share versus option?US policy for restricted shares
  • 9632153    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 9632153    §2331 — Settling DSUs — Settling Arrangement With Shares
    • Deductibility — discretion to settle in cash or shares?former agency policy, agreement formed if shares issued?post-Transalta policy, preexisting binding obligation to issue shares?amending plan to provide for share settlement
  • 9624505    §1181 — Benefit Outside Employment — Consultants
    • Overlapping Status — benefit inclusion and deduction for employees?consultant or employee?part-time employee or director
  • 9624505    §1182 — Benefit Outside Employment — Consultants
    • Option Inclusion — option as amount received?consultant option as expectation of shares?vesting conditions as unearned amount?shares not receivable?reserve
  • 9624505    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income?value at grant?intrinsic value?fair market value?valuation method?barter
  • 9624505    §1185 — Benefit Outside Employment — Consultants
    • Right To Shares — share payment?amount receivable?conditionality?barter transaction?valuation?earnout
  • 9624213    §1176 — Benefit Outside Employment — Startup
    • Going Public — going public?benefit as employee or shareholder?little CRA guidance?comparing stakeholders
  • 9619500    §2221 — Option Changes — Disposition As Security Alteration
    • Rescission Or Novation — threshold for disposition of debt?1980 policy reversed?without new legal obligation, no disposition?with new legal obligation, disposition only if root inconsistency
  • 9619137    §1245 — Deferred Compensation — Salary Deferral Arrangement
    • Postponement Purpose — main purposes?several main purposes??purpose of taxpayer or employer?purpose of individual employee?current services subject to vesting, or future services
  • 9619137    §1293 — RSU — Overview
    • — bonus "to be paid" within 3 years?two different periods referenced by ruling policy?employer period test?employee period test
  • 9618953    §2229 — Option Changes — CRA Positions
    • Vesting — existing and new grants?accelerate vesting, change of control, restrict post-control exercise?cashout right, net option value?omnibus amendment, retrospective effect?no disposition of rights
  • 9618245    §2336 — Unit Exchanges — Plan Continuity
    • Asset Acquisition — employment by purchaser?plan not compliant, services rendered to old employer?substitution of new employer as sponsor?compliant if old employer related corporation?end of employment following asset sale
  • 9617433    §1176 — Benefit Outside Employment — Startup
    • Going Public — going public?benefit as employee or shareholder?little CRA guidance?comparing stakeholders
  • 9613595    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9606145    §2232 — Option Changes — CRA Positions
    • Repricing — price reduction not fundamental?economic variation in taxpayer position not basis for assessment?no realized value at time of change
  • 9605315    §2390 — Option Expenditures — Option For Money
    • — money as property?coast amount of money?money as consideration?cost determined by money?no dilution option issued for money's worth
  • 960437A    §1054 — The Benefit — Qualifying Person
    • — employee of partnership?qualifying corporation as corporate partner?specific employment
  • 9604375    §1054 — The Benefit — Qualifying Person
    • — employee of partnership?qualifying corporation as corporate partner?specific employment
  • 9527325    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 9523495    §1284 — DSU — End Of Employment
    • Retiring Allowances Policy — end of employment, retiring allowances criterion?same test for DSU plan?employment with entity that is not corporation or related thereto?plan disqualification without loss of employment
  • 9522780    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 9522580    §2226 — Option Changes — "Disposition To"
    • Disposition Of Shares On Cancellation — "disposition to" on exchange of shares?amendment for "disposition to" on redemption?rollover on disposition to corporation of its shares
  • 9522200    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9521867    §2073 — Selling Deferred Shares — Identification
    • Designation Prior 2001 — previous CRA concession for designation?designation for cost base adjustment, not for cost averaging
  • 9521545    §1314 — Other Deferrals — Employee Benefit Plan
    • Investment Plan — trust contributions by employer and employee, employee benefit plan?employer contributions taxable when paid out, appreciated value?deferral of payment out of EBP, constructive receipt
  • 9518475    §2027 — Holdco Option Transfers — Transfer Of Rights To Holding Corporation
    • — safe harbour?transfer by employee to holding company?gain on transfer not taxable?GAAR on transfer of shares of holding company
  • 9517877    §2044 — CCPC Share Dispositions — Voting Rights
    • — exchange voting shares for non-voting?exchange as disposition
  • 9517255    §1295 — RSU — Single Year Services
    • — bonus for services in several taxation years, ineligible?multiyear bonus as future compensation
  • 9517255    §1296 — RSU — SAR Services
    • — eligibility of multiyear awards?appreciation right, future services?no award before end of whole term?accrual year-by-year under new policy?apportionment of multiyear bonus
  • 9517255    §1298 — RSU — Postponement Period Services
    • — units as bonus?bonus as comprising appreciation?conditions for deferral involving services?multiyear services?whole term appreciation
  • 9516185    §1355 — Non-resident Benefit — OECD Methodology
    • Example: CCPC Shares — apportionment of benefit based on grant to vesting period?post-exercise benefit as gain, not employment income?treaty protection for non-resident and resident
  • 9516185    §1363 — Non-resident Benefit — Methodologies
    • Example: OECD Method Compared To Pre-2012 Policy — same year tax, foreign tax credit?taxable event mismatches
  • 9516185    §1378 — Non-resident Benefit — Timing Of Relief Claims
    • — timing mismatches?reassessment?competent authority procedure?notice of objection
  • 9514365    §1244 — Deferred Compensation — Salary Deferral Arrangement
    • Contingent — contingent right?amount as right to income?right to share?person having right, indeterminable?annual applicability
  • 9513870    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 9513870    §1101 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Stock Purchase Plan — employer contributions to plan, received or constructively received?contribution of open market shares?contribution of treasury shares?provenance for trusteed arrangements
  • 9513870    §2370 — Expensing — Plan Contributions
    • Employee Benefit Plan — acquisition of treasury shares by trust or custodian?not Employee Benefit Plan?arrangement governed by stock benefit agreement
  • 9506157    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9506025    §2058 — Paid-up Capital — Bonus Shares
    • Past Services — stated capital as amount of bonus?as accrued liability under deferred plans?as liability recognized on payment of discretionary bonus?liability on payment offset by paid-up capital increase
  • 9504325    §1150 — Benefit Upon Death — Loss For Estate
    • — erosion of value after death?exercise by estate generates loss?carry-back of loss against benefit net of benefit deduction?adjusted cost base of shares equal to deemed benefit after carry-back?benefit reporting?net capital losses applied against benefit
  • 9504285    §1176 — Benefit Outside Employment — Startup
    • Going Public — going public?benefit as employee or shareholder?little CRA guidance?comparing stakeholders
  • 9500405    §2316 — Deferred Share Exchanges — Election Pursuant To 85?1
    • — rollover election for nonrecognition exchange?eligible rollover property?deferral shares as capital property
  • 95-1444    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9432385    §2360 — Emigration And Immigration — "Excluded Right Or Interest"
    • CCPC Shares — emigration, benefit deferred, capital gain?immigration, end of deferral?election and security?cost adjustment
  • 9431595    §2316 — Deferred Share Exchanges — Election Pursuant To 85?1
    • — rollover election for nonrecognition exchange?eligible rollover property?deferral shares as capital property
  • 9431215    §1098 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee — cash settlement applied to purchase share on open market?open market shares policy, unclear foundation
  • 9428145    §1306 — Supplementary Pension — SDA And RCA Compared
    • Compensation Paid After Retirement — RCA treated as SDA?current salary or bonus traded for retirement benefit
  • 9426387    §2009 — Family Option Transfers — By One Or More Transactions
    • Meaning And Use — how person becomes vested in rights?wide use of "transaction" under Act?more specialized use of "one or more transactions"?extended statutory definition, GAAR?ordinary meaning?series of transactions?event
  • 9426387    §2013 — Family Option Transfers — By One Or More Transactions
    • Transaction As Transfer On Death — transmission upon death as transaction??transmission upon death as transaction "between" persons?other involuntary transfers?death as event, not transaction
  • 9425475    §2311 — Deferred Share Exchanges — Only For Shares
    • — boot on exchange of deferred shares?fractional, separate lot, split consideration, option?reduction of capital not consideration
  • 9422835    §1293 — RSU — Overview
    • — bonus "to be paid" within 3 years?two different periods referenced by ruling policy?employer period test?employee period test
  • 9422500    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 9420525    §1172 — Benefit Outside Employment — Director
    • Services Performed Qua Director — director defined as employee?option granted in capacity of director as employee or something else?director as nominee
  • 9416645    §2347 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP As GAAR Reference — disposition upon conversion?SDA, deferred amount?downward protection?open shares exclusion?GAAR referral
  • 9415625    §1335 — Non-resident Benefit — Remuneration Connection
    • Technical Priority — exclusive basis for stock benefit liability for non-resident?employment in Canada
  • 9415625    §1336 — Non-resident Benefit — CRA Option Methodology
    • CRA Policy, Prior To 2012 Apportionment — apportionment based on employment in Canada in year of grant?compelling evidence required for allocation to vesting period
  • 941503A    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense?policy review?no deduction if security sold or issued?deductible if cash-settled under agreement
  • 9405695    §1102 — Benefits Outside Section 7 — Open Market Share
    • Hedging — open market purchase by employer, treasury shares settled on employee profit sharing plan?treasury shares issued to trust, trust settles option with open market shares?cost of acquiring shares not deductible?offloading financial cost of agreement, deductibility
  • 9405695    §2347 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP As GAAR Reference — disposition upon conversion?SDA, deferred amount?downward protection?open shares exclusion?GAAR referral
  • 9405695    §2371 — Expensing — Plan Contributions
    • Profit-Sharing Plan — employees profit sharing plan, treasury shares, primacy of stock benefit agreement?deferred profit sharing plan, no primacy
  • 9405247    §2048 — CCPC Share Dispositions — Bankruptcy Or Insolvency
    • — no deemed disposition under subdivision a?disposition upon cancellation?allowable business investment loss
  • 9400765    §2347 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP As GAAR Reference — disposition upon conversion?SDA, deferred amount?downward protection?open shares exclusion?GAAR referral
  • 9400765    §2372 — Expensing — Plan Contributions
    • RRSP, RRP — RRSP employer contribution, employer treasury shares?employer deduction denied?shares deemed acquired by employee?applicability of safe harbour?taxation of RRSP benefits
  • 9400755    §1100 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Benefit Plan — employee benefit plan, open market shares purchased by trust?trusteed agreement, provenance-blind??mixed provenance, employee benefit plan
  • 9400755    §2347 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP As GAAR Reference — disposition upon conversion?SDA, deferred amount?downward protection?open shares exclusion?GAAR referral
  • 9400755    §2371 — Expensing — Plan Contributions
    • Profit-Sharing Plan — employees profit sharing plan, treasury shares, primacy of stock benefit agreement?deferred profit sharing plan, no primacy
  • 9400745    §2347 — Unit Exchanges — Unit Exchanges
    • SAR To EPSP As GAAR Reference — disposition upon conversion?SDA, deferred amount?downward protection?open shares exclusion?GAAR referral
  • 9400745    §2371 — Expensing — Plan Contributions
    • Profit-Sharing Plan — employees profit sharing plan, treasury shares, primacy of stock benefit agreement?deferred profit sharing plan, no primacy
  • 9400545    §1397 — US Treaty Benefit — More Than 183 Days Threshold
    • Days Count — days of presence, definition?part of day?excludes days during which resident
  • 933330A    §1376 — Non-resident Benefit — 183-day Requirement
    • Deductibility — borne by permanent establishment?stock benefit deductibility in Canada?chargeable expense, not necessarily deductible?deductible when?
  • 933330A    §1393 — US Treaty Benefit — $10,000 Or Less Threshold
    • Year Reference — remuneration more than $10,000 for each year as apportioned?threshold for each straddling calendar year?stock benefit as distinct source with its own threshold?
  • 9333306    §1376 — Non-resident Benefit — 183-day Requirement
    • Deductibility — borne by permanent establishment?stock benefit deductibility in Canada?chargeable expense, not necessarily deductible?deductible when?
  • 9333306    §1384 — US Treaty Benefit — Taxing Authority
    • Residence State Obliged To Provide Credit — taxing authority, state of residence?no limitation, inclusion of benefit?apportionment of benefit as foreign source?foreign tax credit
  • 9333306    §1393 — US Treaty Benefit — $10,000 Or Less Threshold
    • Year Reference — remuneration more than $10,000 for each year as apportioned?threshold for each straddling calendar year?stock benefit as distinct source with its own threshold?
  • 9332665    §2316 — Deferred Share Exchanges — Election Pursuant To 85?1
    • — rollover election for nonrecognition exchange?eligible rollover property?deferral shares as capital property
  • 9332665    §2317 — Deferred Share Exchanges — Adjusted Cost Case
    • — deferral shares, adjusted cost base adjustment upon acquisition?capital reorganization, adjustment reflected
  • 9321845    §1180 — Benefit Outside Employment — Shareholder Benefit
    • Rights Offering — right to shares awarded by entity without share capital?employment benefit, unless shares reserved for existing members, not all employees
  • 9321835    §1049 — The Offer — Formula Price
    • — price determinable under formula?agreement in existence from outset?agreement compliant with value requirement if actual exercise price compliant?discount price countenanced as being specific
  • 9321835    §1202 — Benefit Deduction — Price Requirement
    • Amount Payable — amount payable?determinable, as amount determined at exercise?variable, as amount actually paid?net settlement price, price under agreement if the shares had been issued
  • 9317025    §1178 — Benefit Outside Employment — Shareholder Benefit
    • Identical Rights — nonidentical rights, different cost?not employment benefit?identical rights not exercised
  • 9311885    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9309555    §2324 — Settling DSUs — Settling Arrangement With Shares
    • Early Policy — units brought into income when settled by stock options?inclusion as option cost?disposition of units?deduction at SDA termination?promise to pay settled by right to share
  • 9307455    §1254 — Deferred Compensation — Appreciation Rights
    • Value At Outset — promise to pay?no constructive receipt?appreciation right as promise?right with or without initial value?starting value as evidence of deferral?earned value as deferral
  • 9307455    §1255 — Deferred Compensation — Appreciation Rights
    • Future Services Assumption — phantom shares?future services, not deferred salary?salary deferred if right exercisable
  • 9307455    §1257 — Deferred Compensation — Appreciation Rights
    • ATR-45 Plan — nil starting value?conditions for exception?basis for exception modified?share manipulation?deprecation of previous statements
  • 9307455    §1262 — Deferred Compensation — Appreciation Rights
    • Deferred Payment — option to defer payout?question of fact whether deferral beyond first maturity results in SDA?no SDA before right to settlement?thereafter, SDA as question of fact
  • 9302597    §2074 — Selling Deferred Shares — Identification
    • Example: Averaging Before And After 2001 Amendments — averaging of cost and cost adjustment?designation cost adjustment?designation without averaging
  • 9231755    §1173 — Benefit Outside Employment — Director
    • Scott FCA, Director, Employment — employee of corporation other than issuer?de facto employment with issuer, director?benefit in respect of employment
  • 9231755    §1187 — Benefit Outside Employment — Consultants
    • Service Corporation — options earned by consulting corporation?options transferred to employee?employee benefit measured as fair market value?option attributed by client to employee?attribution of income
  • 9231281    §1411 — Withholding And Reporting — Withholding
    • Salary, Wages Or Other Remuneration — salary or wages equated to income?withholding for remuneration not restricted to income?nonincome stock benefit, paid as remuneration, technical exposure
  • 9228840    §1204 — Benefit Deduction — Price Requirement
    • Currency — Amount Payable — foreign currency, time of benefit?time of agreement for amount payable?amount payable versus amount determined?amount paid for rights
  • 922723A    §2378 — Expensing — Recognition
    • Share Expenditures — expenditure by issuing shares?GAAP?share for property?share for debt?share for expenses?property contributed by shareholder
  • 9226885    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context?bulletins?rulings?little caselaw supporting or dismissing agency position?allocation of property as constructive receipt
  • 9224897    §2316 — Deferred Share Exchanges — Election Pursuant To 85?1
    • — rollover election for nonrecognition exchange?eligible rollover property?deferral shares as capital property
  • 9224406    §1334 — Non-resident Benefit — Remuneration Connection
    • International Acceptance — dependent services treaty provisions, scope defined by "salary or wage"?definition of remuneration unnecessary?deemed income, deemed employment, no apportionment
  • 9222235    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave?accumulated overtime??overtime not bonus?unused sick leave credit
  • 9219797    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9218667    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9218035    §1302 — RSU — Bonus Paid After Retirement
    • — salary or wages?not pension or retiring allowance
  • 9216695    §1167 — Benefit Deferral CCPC — CCPC Status Determination
    • Timing — CCPC at time of agreement?option conditional on going public?time of vesting not relevant for CCPC status
  • 9216695    §1169 — Benefit Deferral CCPC — CCPC Status Determination
    • Future Employee — issuance of rights for future employees?legally-binding agreement?shares held in trust?buy-sell
  • 9215945    §1167 — Benefit Deferral CCPC — CCPC Status Determination
    • Timing — CCPC at time of agreement?option conditional on going public?time of vesting not relevant for CCPC status
  • 9209575    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9207885    §1049 — The Offer — Formula Price
    • — price determinable under formula?agreement in existence from outset?agreement compliant with value requirement if actual exercise price compliant?discount price countenanced as being specific
  • 9207885    §1202 — Benefit Deduction — Price Requirement
    • Amount Payable — amount payable?determinable, as amount determined at exercise?variable, as amount actually paid?net settlement price, price under agreement if the shares had been issued
  • 9206526    §1426 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Reimbursement — employer as obligee?reimbursement as indicator of employer status?secondment, contract for services
  • 9205525    §1013 — The Agreement — Plan Intent
    • Placer Dome FCA — contributory stock purchase plan?recast as stock option agreement, discount price?employer deduction precluded
  • 9205525    §2371 — Expensing — Plan Contributions
    • Profit-Sharing Plan — employees profit sharing plan, treasury shares, primacy of stock benefit agreement?deferred profit sharing plan, no primacy
  • 9204865    §2226 — Option Changes — "Disposition To"
    • Disposition Of Shares On Cancellation — "disposition to" on exchange of shares?amendment for "disposition to" on redemption?rollover on disposition to corporation of its shares
  • 9203895    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9202265    §2312 — Deferred Share Exchanges — Continuation Of Deferred Share
    • — no disposition or exchange?new shares deemed old shares?new issuer deemed old issuer?shares deemed issued under old agreement
  • 91M09049    §2295 — Option Exchanges — Particular Person
    • Loss Of Control — control by grantor given up?control not acquired by designated person?dealing at arm's length, no relief
  • 9134555    §2045 — CCPC Share Dispositions — De Facto Control
    • — voting to non-voting, no change in voting control?modification not disposition?change not exchange?
  • 9132665    §1049 — The Offer — Formula Price
    • — price determinable under formula?agreement in existence from outset?agreement compliant with value requirement if actual exercise price compliant?discount price countenanced as being specific
  • 9132665    §1202 — Benefit Deduction — Price Requirement
    • Amount Payable — amount payable?determinable, as amount determined at exercise?variable, as amount actually paid?net settlement price, price under agreement if the shares had been issued
  • 9131905    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9123637    §2057 — Paid-up Capital — Convertible Instrument
    • Convertible Shares — deference to corporate requirements?option as convertible instrument?high paid-up capital
  • 9122811    §1331 — Non-resident Benefit — Remuneration Connection
    • Treaty Definition — salary or wages defined under Act?same definition for tax treaty?stock benefit as salary or wages
  • 9122811    §1334 — Non-resident Benefit — Remuneration Connection
    • International Acceptance — dependent services treaty provisions, scope defined by "salary or wage"?definition of remuneration unnecessary?deemed income, deemed employment, no apportionment
  • 9122811    §1379 — US Treaty Benefit — Remuneration
    • — common understanding of undefined terms?meaning of remuneration, inclusive of stock benefit?US treaty, treatment of stock options similar to OECD Model
  • 912224A    §2378 — Expensing — Recognition
    • Share Expenditures — expenditure by issuing shares?GAAP?share for property?share for debt?share for expenses?property contributed by shareholder
  • 912224A    §2401 — Share Expenditures — Shares For Debt
    • — loan by shareholder?principal repaid by issuing shares?debtor's gain or loss?creditor's consideration?reduction of forgiven amount
  • 912107    §2402 — Share Expenditures — Equity For Interest
    • — loan to corporation?interest payable by granting option?interest deductible as accrued?expenditure not because of payment?expenditure unpaid amount?option not received because of employment
  • 9112477    §2057 — Paid-up Capital — Convertible Instrument
    • Convertible Shares — deference to corporate requirements?option as convertible instrument?high paid-up capital
  • 910138    §1336 — Non-resident Benefit — CRA Option Methodology
    • CRA Policy, Prior To 2012 Apportionment — apportionment based on employment in Canada in year of grant?compelling evidence required for allocation to vesting period
  • 903129    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 9030795    §2208 — NQS Deduction — Deduction, Taxable Income
    • — corporate deduction dependent on deductibility for employee?deduction from taxable income?benefit deduction to extent of taxable income?cash settlement?no deduction from income if securities eligible
  • 902488    §2078 — Selling Deferred Shares — Segregation
    • Transfer To Trust — conditions for trust planning?divestment to trust not dealing at arm's length?benefit attributed without averaging?no CCPC deferral?trust transfer to prevent averaging?avoidance, not misuse or abuse
  • 901923    §1152 — Bonus Or Restricted Shares — Share Bonus
    • — pre-1980 policy on share bonus, salary bonus not subject to inclusion as stock benefit?post-1980 policy, salary bonus treated as stock benefit?post-Transalta policy, salary bonus not subject to inclusion if discretionary
  • 9016207    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 901309    §1140 — Benefit Upon Death — Overview
    • — provision introduced May 1991?right under agreement neither capital property, nor right to amount?loophole closed
  • 901012    §1095 — Benefits Outside Section 7 — Open Market Share
    • Out-of-pocket Expense — share purchase, not deductible as cost of stock benefit?concession for out-of-pocket expenses
  • 901012    §1097 — Benefits Outside Section 7 — Open Market Share
    • Re-issue By Corporation — shares acquired by issuer?reimbursement of cost of shares by employer?shares issued or sold under agreement, cost not deductible?shares re-issued as shares no longer issued
  • 901012    §1156 — Bonus Or Restricted Shares — Share Provenance
    • — provenance of the shares?issued or unissued?from treasury or reacquired on open market?provenance-blind policy
  • 900952    §2208 — NQS Deduction — Deduction, Taxable Income
    • — corporate deduction dependent on deductibility for employee?deduction from taxable income?benefit deduction to extent of taxable income?cash settlement?no deduction from income if securities eligible
  • 900203    §2312 — Deferred Share Exchanges — Continuation Of Deferred Share
    • — no disposition or exchange?new shares deemed old shares?new issuer deemed old issuer?shares deemed issued under old agreement
  • 900199    §2324 — Settling DSUs — Settling Arrangement With Shares
    • Early Policy — units brought into income when settled by stock options?inclusion as option cost?disposition of units?deduction at SDA termination?promise to pay settled by right to share
  • 8M17870    §1426 — Withholding And Reporting — Non-residents
    • Non-resident Employee — Reimbursement — employer as obligee?reimbursement as indicator of employer status?secondment, contract for services
  • 89M09038    §1204 — Benefit Deduction — Price Requirement
    • Currency — Amount Payable — foreign currency, time of benefit?time of agreement for amount payable?amount payable versus amount determined?amount paid for rights
  • 7900409    §1140 — Benefit Upon Death — Overview
    • — provision introduced May 1991?right under agreement neither capital property, nor right to amount?loophole closed
  • 7900409    §1151 — Benefit Upon Death — Vested Persons
    • — precedence for deemed disposition on death?inapplicability not extended to all other stock benefit provisions?no deeming of person as employee post-mortem
  • 7900409    §2013 — Family Option Transfers — By One Or More Transactions
    • Transaction As Transfer On Death — transmission upon death as transaction??transmission upon death as transaction "between" persons?other involuntary transfers?death as event, not transaction
  • 74733    §2382 — Expensing — Option
    • Legal Concept — common or civil law meaning?primary or accessory contract?option as multiform undertaking?similar right?option or obligation
  • 74496    §1140 — Benefit Upon Death — Overview
    • — provision introduced May 1991?right under agreement neither capital property, nor right to amount?loophole closed
  • 5M08860    §1072 — The Benefit — Foreign Exchange
    • Amount Payable For Shares — amount payable?payment by cheque?date of delivery?conversion on payment date?stipulating conditional cheque payment
  • 5M08860    §1150 — Benefit Upon Death — Loss For Estate
    • — erosion of value after death?exercise by estate generates loss?carry-back of loss against benefit net of benefit deduction?adjusted cost base of shares equal to deemed benefit after carry-back?benefit reporting?net capital losses applied against benefit
  • 5M08860    §1407 — Withholding And Reporting — Reporting
    • Reporting Benefits And Deduction — reporting benefit, box 14 and box 38?reporting benefit deduction?reporting CCPC benefits?actual payment not coinciding with reporting obligation?reporting CPP and EI
  • 59623    §2312 — Deferred Share Exchanges — Continuation Of Deferred Share
    • — no disposition or exchange?new shares deemed old shares?new issuer deemed old issuer?shares deemed issued under old agreement
  • 59264    §1155 — Bonus Or Restricted Shares — Unissued Shares
    • — transfer of beneficial ownership to shares, issuance later?benefit when shares acquired, not when issued?legally bound to issue shares after discretionary bonus paid
  • 59264    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares?discount for trading restriction?policy, restricted share versus option?US policy for restricted shares
  • 59012    §2045 — CCPC Share Dispositions — De Facto Control
    • — voting to non-voting, no change in voting control?modification not disposition?change not exchange?
  • 58733    §1211 — Prescribed Shares — No Dividend Floor Or Cap
    • Cumulative — minimum cumulative preferential dividend?unpaid dividend on liquidation
  • 58722    §2369 — Expensing — Overview
    • — share compensation?many forms?options and shares?layers of limitations?expense incurred?not capital or prepaid?not contingent?unpaid within 180 days?special rules
  • 58349    §1254 — Deferred Compensation — Appreciation Rights
    • Value At Outset — promise to pay?no constructive receipt?appreciation right as promise?right with or without initial value?starting value as evidence of deferral?earned value as deferral
  • 3M09520    §2221 — Option Changes — Disposition As Security Alteration
    • Rescission Or Novation — threshold for disposition of debt?1980 policy reversed?without new legal obligation, no disposition?with new legal obligation, disposition only if root inconsistency
  • 2M01530    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired?title passing?other incidents of ownership including voting rights and dividends
• Folio
  • S4-F7-C1    §1141 — Benefit Upon Death — Option Not Capital Property
    • — options not capital property—policy changed to require factual determination—at specific time of death, whether capital gain would result from disposition—other stock-based rights, liability upon vesting
  • S2-F3-C1    §1154 — Bonus Or Restricted Shares — Share Bonus Election
    • — cash bonus constructively received before share bonus paid—no agreement before bonus amount determined—when binding agreement for share bonus after amount determined
  • S2-F3-C1    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context—bulletins—rulings—little caselaw supporting or dismissing agency position—allocation of property as constructive receipt
  • S2-F1-C2    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context—bulletins—rulings—little caselaw supporting or dismissing agency position—allocation of property as constructive receipt
  • S2-F1-C2    §1284 — DSU — End Of Employment
    • Retiring Allowances Policy — end of employment, retiring allowances criterion—same test for DSU plan—employment with entity that is not corporation or related thereto—plan disqualification without loss of employment
  • S2-F1-C2    §1312 — Other Deferrals — Retiring Allowance
    • Instalments — SDA where salary or wages traded for retiring allowance—retiring allowance paid by instalment—constructive receipt—funded through trust, RCA
  • S2-F1-C2    §1316 — Other Deferrals — Leave And Overtime
    • — deferred vacation leave—accumulated overtime——overtime not bonus—unused sick leave credit
  • S5-F2-C1    §1338 — Non-resident Benefit — CRA Option Methodology
    • CRA New Position, 2012 — apportionment for foreign source income—days of employment in country—OECD method—foreign tax credit—stock option source fictions
  • S4-F16-C1    §2006 — Family Option Transfers — Vested In Person
    • Person As Partnership — partnership and joint venture—foreign entity—partnership or partner as person vested—attribution and partnership allocation—double liability
  • S1-F5-C1    §2007 — Family Option Transfers — Vested In Person
    • Employee, Partners And Partnerships — transaction between persons not dealing at arm's length—control of partnership—deemed control for a corporation—person related to members of a related group in control of partnership
  • S1-F5-C1    §2008 — Family Option Transfers — Vested In Person
    • Trust As Person — taxpayer and personal trust deemed not dealing at arm's length—vested in person as beneficial ownership under a trust—employee as beneficial owner—alter ego trust as vested person after transfer from employee—transfer from alter ego trust—circular transactions
  • S3-F8-C2    §2120 — Prescribed Share Acquisitions — Specified Person
    • All Or Substantially All — ninety percent thresshold—court discretion—administrative starting point
  • S1-F5-C1    §2133 — Prescribed Share Agreements — Buy-sell Agreement
    • Right Of First Refusal — no ability to cause acquisition—right to acquire shares when clause triggered—price not capped at fair market value
  • S4-F7-C1    §2288 — Option Exchanges — Relief
    • Amalgamation — disposition of rights upon amalgamation—rights not capital property—change of agency policy
  • S4-F5-C1    §2311 — Deferred Share Exchanges — Only For Shares
    • — boot on exchange of deferred shares—fractional, separate lot, split consideration, option—reduction of capital not consideration
• Interpretation Bulletin
  • IT-113R4    §1017 — The Agreement — Transalta TCC
    • Obligation — agreement to issue shares—legally-binding agreement—discretion to settle shares or cash
  • IT-113R4    §1020 — The Agreement — Directorate Policy
    • Discretionary Share Bonus Plan — award fully discretionary—discretion as to quantum and cash or share settlement—where employer later commits to issue of shares, binding agreement
  • IT-113R4    §1024 — The Agreement — Directorate Policy
    • Deferred Stock Grant — right to shares—acquisition deferred for fixed period—agreement, cost not deductible—structured as restricted share bonus, cost deductible
  • IT-502    §1074 — Benefits Outside Section 7 — General Rule
    • — stock benefit—remuneration—as benefit in kind—outside legally-binding agreement—stock option as right to shares—caselaw derived from British theories
  • IT-113R4    §1090 — Benefits Outside Section 7 — Post-employment
    • Limitations — employment, benefit charging provisions expressly covered by deeming employment continued—other provisions subsumed?
  • IT-113R4    §1097 — Benefits Outside Section 7 — Open Market Share
    • Re-issue By Corporation — shares acquired by issuer—reimbursement of cost of shares by employer—shares issued or sold under agreement, cost not deductible—shares re-issued as shares no longer issued
  • IT-502    §1101 — Benefits Outside Section 7 — Open Market Share
    • Purchase By Employee Stock Purchase Plan — employer contributions to plan, received or constructively received—contribution of open market shares—contribution of treasury shares—provenance for trusteed arrangements
  • IT-113R4    §1106 — Benefit Upon Conversion — Share
    • Feature Of Share — convertible share, not agreement to issue share—convertibility inseverable as option—convertible share assimilable to convertible note or debenture—policy reversal, benefit recognized upon conversion
  • IT-113R4    §1141 — Benefit Upon Death — Option Not Capital Property
    • — options not capital property—policy changed to require factual determination—at specific time of death, whether capital gain would result from disposition—other stock-based rights, liability upon vesting
  • IT-212R3    §1142 — Benefit Upon Death — Outstanding At Death
    • Non-periodic "Rights Or Things" — option agreements, cash or share settlement—right to cash as "rights or things"—option right "realized" following death—employment rights as "rights or things"—employee compensation plans as as "rights or things"
  • IT-326R3    §1142 — Benefit Upon Death — Outstanding At Death
    • Non-periodic "Rights Or Things" — option agreements, cash or share settlement—right to cash as "rights or things"—option right "realized" following death—employment rights as "rights or things"—employee compensation plans as as "rights or things"
  • IT-212R3    §1143 — Benefit Upon Death — Outstanding At Death
    • Periodic Payments — interest, rent, royalty, annuity, remuneration—annual bonus—share agreement or bonus agreement
  • IT-113R4    §1152 — Bonus Or Restricted Shares — Share Bonus
    • — pre-1980 policy on share bonus, salary bonus not subject to inclusion as stock benefit—post-1980 policy, salary bonus treated as stock benefit—post-Transalta policy, salary bonus not subject to inclusion if discretionary
  • IT-502    §1154 — Bonus Or Restricted Shares — Share Bonus Election
    • — cash bonus constructively received before share bonus paid—no agreement before bonus amount determined—when binding agreement for share bonus after amount determined
  • IT-113R4    §1155 — Bonus Or Restricted Shares — Unissued Shares
    • — transfer of beneficial ownership to shares, issuance later—benefit when shares acquired, not when issued—legally bound to issue shares after discretionary bonus paid
  • IT-113R4    §1156 — Bonus Or Restricted Shares — Share Provenance
    • — provenance of the shares—issued or unissued—from treasury or reacquired on open market—provenance-blind policy
  • IT-170R    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired—title passing—other incidents of ownership including voting rights and dividends
  • IT-113R4    §1158 — Bonus Or Restricted Shares — When Share Acquired
    • — share bonus under agreement taxed when shares acquired—title passing—other incidents of ownership including voting rights and dividends
  • IT-113R4    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares—discount for trading restriction—policy, restricted share versus option—US policy for restricted shares
  • IT-387R2    §1159 — Bonus Or Restricted Shares — Restricted Share Under Agreement
    • — benefit acceleration for restricted shares—discount for trading restriction—policy, restricted share versus option—US policy for restricted shares
  • IT-113R4    §1167 — Benefit Deferral CCPC — CCPC Status Determination
    • Timing — CCPC at time of agreement—option conditional on going public—time of vesting not relevant for CCPC status
  • IT-432R2    §1174 — Benefit Outside Employment — Startup
    • Del Grande, TCC — option exercise in connection with loan guarantee—no shareholder benefit upon exercise—shareholder benefit versus employee benefit—valuation of options
  • IT-96R6    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income—value at grant—intrinsic value—fair market value—valuation method—barter
  • IT-490    §1183 — Benefit Outside Employment — Consultants
    • Option Value — option value as business income—value at grant—intrinsic value—fair market value—valuation method—barter
  • IT-490    §1185 — Benefit Outside Employment — Consultants
    • Right To Shares — share payment—amount receivable—conditionality—barter transaction—valuation—earnout
  • IT-113R4    §1201 — Benefit Deduction — Price Requirement
    • Fair Market Value Grant — Disqualified Agreement — no consideration except agreement for rights—subsequent exchanges, fiction same option inoperative—rights under disqualified agreement—same option fiction not operative for benefit deduction
  • IT-502    §1235 — Deferred Compensation — Constructive Receipt
    • Doctrine — limited judicial recognition—no application to bonus declared unpaid and payment to trust—US codified doctrine
  • IT-502    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context—bulletins—rulings—little caselaw supporting or dismissing agency position—allocation of property as constructive receipt
  • IT-529    §1237 — Deferred Compensation — Constructive Receipt
    • Agency Statements — constructive receipt, multiple agency references in employment context—bulletins—rulings—little caselaw supporting or dismissing agency position—allocation of property as constructive receipt
  • IT-529    §1238 — Deferred Compensation — Constructive Receipt
    • Salary Deferral Arrangements — specific provisions altering time of receipt—salary deferral arrangement, amounts earned that were deferred for tax purpose—constructive receipt, amounts at disposal of employee—concurrent application
  • IT-113R4    §1250 — Deferred Compensation — Section 7 Rights
    • Salary Or Wages — option as benefit offer—benefit on exercise or surrender—no deferral for right to share under agreement—share dependent-right as deferred compensation
  • IT-210R2    §1273 — DSU — DSU Director Plans
    • Directors Only, Deferred Units Instead Of Shares — directors excluding officers—election, up to 100% of retainer and attendance fees for units, annual election for each appointment term—remainder of remuneration paid as shares—unit value based on listed shares—settlement at end of employment, term as director—net share settlement
  • IT-502    §1313 — Other Deferrals — Employee Benefit Plan
    • SDA Excluded From EBP — not EBP if SDA—EBP benefit deferred until paid
  • IT-502    §1314 — Other Deferrals — Employee Benefit Plan
    • Investment Plan — trust contributions by employer and employee, employee benefit plan—employer contributions taxable when paid out, appreciated value—deferral of payment out of EBP, constructive receipt
  • IT-113R4    §1410 — Withholding And Reporting — Withholding
    • Actual Payments — agency policy before 2010—economic benefit as payment—actual payment not concomitant with deemed benefit—types of actual payment—actual payment subject to withholding?
  • IT-502    §1417 — Withholding And Reporting — Withholding Waivers
    • Employee Benefit Plan — benefits under EBP, not stock benefits—withholding if benefit non-cash?
  • IT-502    §1418 — Withholding And Reporting — Trusteed Arrangements
    • — trust arrangement for sale of shares to employees—employer not trust regarded by agency as payor subject to withholding obligation—no liability for withholding for trustee of employee trust
  • IT-113R4    §2018 — Family Option Transfers — Between Persons Not Dealing At Arm's Length
    • Time Of Relations — when not dealing at arm's length is evaluated—CCPC status determined at time of agreement—by analogy, time of transaction, what if multiple transactions?
  • IT-113R4    §2026 — Holdco Option Transfers — Overview
    • — events resulting in gain—rights under agreement as capital property—no gain to extent of employment income—gain on same property as benefit
  • IT-96R6    §2032 — Holdco Option Transfers — Adjusted Cost Base Benefit Addition
    • Option Cost — cost of share acquired pursuant to option—benefit addition—option cost unrecognized—agreement disqualified—actual cost recognized
  • IT-448    §2044 — CCPC Share Dispositions — Voting Rights
    • — exchange voting shares for non-voting—exchange as disposition
  • IT-448    §2045 — CCPC Share Dispositions — De Facto Control
    • — voting to non-voting, no change in voting control—modification not disposition—change not exchange?
  • IT-448    §2046 — CCPC Share Dispositions — Common For Common And Preferred
    • — common for same common and preferred—exchange not disposition, deemed dividend—almost identical shares, when exchange if not disposition—when change neither disposition nor exchange
  • IT-448    §2047 — CCPC Share Dispositions — Convertible Shares
    • — conversion, no disposition—convertibility as right under agreement—conversion as both exchange of converted share and acquisition of new share—old share as deferred share—relief for exchange of shares
  • IT-113R4    §2047 — CCPC Share Dispositions — Convertible Shares
    • — conversion, no disposition—convertibility as right under agreement—conversion as both exchange of converted share and acquisition of new share—old share as deferred share—relief for exchange of shares
  • IT-463R2    §2059 — Paid-up Capital — Bonus Shares
    • Paid-up Capital — dividend on increase of paid-up capital—net asset test—class dividend—dividend sheltered by safe harbour?
  • IT-387R2    §2066 — Selling Deferred Shares — Ordering Scheme
    • Identical Properties — definition, same inherent qualities—escrow shares exception
  • IT-113R4    §2069 — Selling Deferred Shares — Ordering Scheme
    • Rules For Regular And Deferral Shares — first in first out—deferral shares before regular—deferral shares by time of agreement
  • IT-511R    §2080 — Selling Deferred Shares — Segregation
    • Transfer To Spouse — segregating high and low cost basis—attribution of benefit to employee—attribution of gain to transferor—capital gain splitting with spouse
  • IT-113R4    §2111 — Prescribed Share Acquisitions — Policy Inconsistencies
    • Listed And Unlisted Shares, Options — reasonable expectation, market-making safe harbour—listed shares, market access—unlisted shares, market buyback—option puts—CCPC shares, 2-year ownership—inconsistencies for open market shares and option cashouts
  • IT-96R6    §2213 — Option Changes — Statutory Dispositions
    • — agreement rights not normally share interest or right—right to receive "amount" settled upon agreement changes—expiry of option—intercorporate cancellation
  • IT-448    §2218 — Option Changes — Disposition As Security Alteration
    • Principle — 1980 guidelines—changes to securities—amended security same or different property—no "hard and fast" rules—guidelines as historical root for agreement changes policy
  • IT-448    §2219 — Option Changes — Disposition As Security Alteration
    • Dispositions — sufficient substance threshold—shareholder economic interest—no statutory support for economic substance view—IFRS approach
  • IT-448    §2220 — Option Changes — Disposition As Security Alteration
    • Not Dispositions — illustrations—combination of changes—no effect up corporate chain—restricted shares, no substantial change if restrictions lifted—amendment allowed by terms
  • IT-448    §2221 — Option Changes — Disposition As Security Alteration
    • Rescission Or Novation — threshold for disposition of debt—1980 policy reversed—without new legal obligation, no disposition—with new legal obligation, disposition only if root inconsistency
  • IT-448    §2223 — Option Changes — Disposition As Security Alteration
    • Agency Revised Policy Following General Electric — legal standard as question of fact—new obligation inconsistent with old—policy reversion to substance of change
  • IT-113R4    §2224 — Option Changes — Disposition As Security Alteration
    • Debt Obligation As Template — agency revised policy—disposition if fundamental change in agreement—formerly, cancellation of plan not dispositive—debt obligation principles applicable to stock option
  • IT-113R4    §2229 — Option Changes — CRA Positions
    • Vesting — existing and new grants—accelerate vesting, change of control, restrict post-control exercise—cashout right, net option value—omnibus amendment, retrospective effect—no disposition of rights
  • IT-448    §2229 — Option Changes — CRA Positions
    • Vesting — existing and new grants—accelerate vesting, change of control, restrict post-control exercise—cashout right, net option value—omnibus amendment, retrospective effect—no disposition of rights
  • IT-113R4    §2230 — Option Changes — CRA Positions
    • Cashout — new and existing grants—addition of right to net option value as cash—no disposition of rights—formal right to stock, little likelihood of exercise—disposition as realization—valuation time as original time of agreement
  • IT-448    §2232 — Option Changes — CRA Positions
    • Repricing — price reduction not fundamental—economic variation in taxpayer position not basis for assessment—no realized value at time of change
  • IT-113R4    §2239 — Option Changes — Problem Changes
    • Agreement Ceasing To Qualify — taxation of right under agreement—cashout added to agreement—agreement may cease to comply—no taxation of intrinsic value at time of grant, safe harbour—no taxation of other benefit received except at grant or vesting—cessation of exercisability
  • IT-448    §2242 — Option Changes — Problem Changes
    • Agreement Contemplating Variation — amendment provisions in stock incentive plans—change inherent to option—adding conversion privilege—when not disposition
  • IT-113R4    §2243 — Option Changes — Conclusion
    • Quo Vadis IT-113R4? — fundamental change as disposition—avoiding a disposition—ensuring a disposition—option exchanges
  • IT-176R2    §2270 — Rights Ceasing To Be Exercisable — Cessation Event
    • Option Expires — disposition when right expires—ceasing to be exercisable as expiry—expiry as reaching term—changing the term to bring about a statutory disposition
  • IT-113R4    §2285 — Option Exchanges — Relief
    • Qualifying Exchanges — right to shares—right to shares or cash—employer settled right—appreciation right—exchange between types of right—realization of rights
  • IT-113R4    §2288 — Option Exchanges — Relief
    • Amalgamation — disposition of rights upon amalgamation—rights not capital property—change of agency policy
  • IT-113R4    §2296 — Option Exchanges — Option Continuation
    • CCPC Shares — conditions for CCPC option—grantor, issuer and employer as CCPC—employee dealing at arm's length—disqualifying exchange—option fictionally continued
  • IT-113R4    §2297 — Option Exchanges — Option Continuation
    • Disqualified Agreement — agreement ceasing to qualify after exchange—same option continuation—same prior qualifying agreement—benefit deduction eligibility
  • IT-113R4    §2314 — Deferred Share Exchanges — Convertible Shares
    • — convertible preferred shares—conversion into common shares excluded from exchange
  • IT-502    §2321 — Settling DSUs — Initiating Arrangement
    • Deferred Plan Election — policy clarification—election before amount constructively received, core policy restated—election required before amount available for payment—late bonus declaration, tax postponement
  • IT-113R4    §2325 — Settling DSUs — Settling Arrangement With Shares
    • Indefinite Deferral, Agreement To Issue Shares — election to defer cash bonus—entitlement to appreciation right with whole starting value—extension of maturity date, not SDA—change of maturity, not disposition of rights
  • IT-113R4    §2327 — Settling DSUs — Settling Arrangement With Shares
    • Stock Appreciation Right Exchanged For Stock Options — nil starting value appreciation right, exchanged for stock option—accelerated right to cashout, no payment—new promise to pay, or payment
  • IT-212R3    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit—"right or thing" if no election prior to death—right to treasury shares disposed of
  • IT-210R2    §2333 — Settling DSUs — Settling Arrangement Upon Death
    • Post-mortem Provisions — DSU payment on death, not periodic or death benefit—"right or thing" if no election prior to death—right to treasury shares disposed of
  • IT-448    §2338 — Unit Exchanges — Unit Exchanges
    • Plan Consolidation — units exchanged—corporations within related group—exchange pursuant to conversion right added to unit—discontinuance of plan after exchange—unit exchange tax-free
  • IT-417R2    §2369 — Expensing — Overview
    • — share compensation—many forms—options and shares—layers of limitations—expense incurred—not capital or prepaid—not contingent—unpaid within 180 days—special rules
  • IT-176R2    §2382 — Expensing — Option
    • Legal Concept — common or civil law meaning—primary or accessory contract—option as multiform undertaking—similar right—option or obligation
  • IT-490    §2389 — Option Expenditures — Option For Property
    • — property for property—option for property—cost determined by consideration—consideration not necessarily value of options—cost of property determined by consideration—option as mode of payment
  • IT-113R4    §2409 — Option Settlement Costs — No Deduction For Share Settlement
    • — benefit conferred—only for share issue or sale—vested person as the employee—no benefit conferred if rights disposed of—rights disposed of on death—transaction and administration costs
  • IT-113R4    §2410 — Option Settlement Costs — Cash Settlement
    • — deductibility of compensation expense—policy review—no deduction if security sold or issued—deductible if cash-settled under agreement
• Information Circular
  • IC70-6R9    §1002 — Terminology
    • — shares—agency—directorate—the Act
  • IC89-3    §1164 — Bonus Or Restricted Shares — Valuation
    • — CRA valuation policy—intrinsic method not only basis—intrinsic appropriate when benefit coincides with exercise—no standard discount for trading restriction—IFRS valuation methods, limited application
  • IC71-17R5    §1378 — Non-resident Benefit — Timing Of Relief Claims
    • — timing mismatches—reassessment—competent authority procedure—notice of objection
  • IC71-17R5    §1428 — Withholding And Reporting — Treaty Exempt Employees
    • Waivers — non-resident waivers—waiver, remuneration—employer certified waiver—waiver, payment for services—year of payment
  • IC72-13R8    §2362 — Emigration And Immigration — Excluded Remuneration
    • Salary Deferral Arrangement — deferred amount—benefit in earlier taxation year—not remuneration in later year—not excluded