I-3 - Taxation Act

Section 740.4.2 Disposition versions

2021-06-04

740.4.2. Section 740.4.1 does not apply in respect of a dividend received on a share where there is, in respect of the share, a dividend rental arrangement of a person or partnership (in this section and section 740.4.3 referred to as the “taxpayer”) throughout a particular period during which the synthetic equity arrangement referred to in paragraph c of the definition of “dividend rental arrangement” in section 1 is in effect if

(a)  the dividend rental arrangement is such an arrangement because of that paragraph c; and

(b)  the taxpayer establishes that, throughout the particular period, no tax-indifferent investor or group of tax-indifferent investors, each member of which is affiliated with every other member, has all or substantially all of the risk of loss or opportunity for gain or profit in respect of the share.

2019, c. 14, s. 213; 2021, c. 18, s. 53.

2019-06-19

740.4.2. Section 740.4.1 does not apply in respect of a dividend received on a share where there is, in respect of the share, a dividend rental arrangement of a person or partnership (in this section and section 740.4.3 referred to as the “taxpayer”) throughout a particular period during which the synthetic equity arrangement referred to in paragraph c of the definition of “dividend rental arrangement” in section 1 is in effect if

(a)  the dividend rental arrangement is such an arrangement because of that paragraph c; and

(b)  the taxpayer establishes that, throughout the particular period, no tax-indifferent investor or group of tax-indifferent investors, each member of which is affiliated with every other member, has all or substantially all of the risk of loss or opportunity for gain or profit in respect of the share because of the synthetic equity arrangement or a specified synthetic equity arrangement.

2019, c. 14, s. 213.