Eastern Standard Time, November 27, 1986, other than a share held at that time(i)by the issuer, or(ii)by any person or partnership where the issuer may become entitled to receive any amount after that time by way of subscription proceeds or contribution of capital with respect to that share pursuant to an agreement made before that time, or(c)a share that was, at the time the dividend referred to in subsection 112(2.4) was received, a share described in paragraph (e) of the definitionterm preferred sharein subsection 248(1) during the applicable period referred to in that paragraph; (action exclue)
(i)by the issuer, or(ii)by any person or partnership where the issuer may become entitled to receive any amount after that time by way of subscription proceeds or contribution of capital with respect to that share pursuant to an agreement made before that time, or
(a)where the taxpayer is an individual, the lesser of(i)the total of all amounts each of which is a dividend received by the taxpayer on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)the loss determined without reference to this subsection minus all taxable dividends received by the taxpayer on the share; and(b)where the taxpayer is a corporation, the total of all amounts received by the taxpayer on the share each of which is(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(ii)a dividend in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, or(iii)a life insurance capital dividend.
(i)the total of all amounts each of which is a dividend received by the taxpayer on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)the loss determined without reference to this subsection minus all taxable dividends received by the taxpayer on the share; and
(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(ii)a dividend in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, or(iii)a life insurance capital dividend.
(a)it was received when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)it was received on a share that the taxpayer owned throughout the 365-day period that ended immediately before the disposition.
(a)where the taxpayer is an individual, the lesser of(i)the total of all amounts each of which is a dividend received by the taxpayer on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)that share of the loss determined without reference to this subsection minus all taxable dividends received by the taxpayer on the share;(b)where the taxpayer is a corporation, the total of all amounts received by the taxpayer on the share each of which is(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(ii)a dividend in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, or(iii)a life insurance capital dividend; and(c)where the taxpayer is a trust, the total of all amounts each of which is(i)a taxable dividend, or(ii)a life insurance capital dividendreceived on the share and designated under subsection 104(19) or 104(20) by the trust in respect of a beneficiary that was a corporation, partnership or trust.
(i)the total of all amounts each of which is a dividend received by the taxpayer on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)that share of the loss determined without reference to this subsection minus all taxable dividends received by the taxpayer on the share;
(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(ii)a dividend in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, or(iii)a life insurance capital dividend; and
(i)a taxable dividend, or(ii)a life insurance capital dividend
(a)it was received when the particular partnership, the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not hold in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)it was received on a share that the particular partnership held throughout the 365-day period that ended immediately before the disposition.
(a)the amount, if any, by which the lesser of(i)the total of all amounts each of which is a dividend received by the trust on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)the loss determined without reference to this subsection minus the total of all amounts each of which is the amount of a taxable dividend(A)received by the trust on the share,(B)received on the share and designated under subsection 104(19) by the trust in respect of a beneficiary who is an individual (other than a trust), or(C)that is a qualified dividend received on the share and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received while the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was receivedexceeds(iii)if the trust is an individual’s graduated rate estate, the share was acquired as a consequence of the individual’s death and the disposition occurs during the trust’s first taxation year, 1/2 of the lesser of(A)the loss determined without reference to this subsection, and(B)the individual’s capital gain from the disposition of the share immediately before the individual’s death, and(b)the total of all amounts each of which is(i)a taxable dividend, or(ii)a life insurance capital dividendreceived on the share and designated under subsection 104(19) or 104(20) by the trust in respect of a beneficiary that was a corporation, partnership or trust.
(i)the total of all amounts each of which is a dividend received by the trust on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)the loss determined without reference to this subsection minus the total of all amounts each of which is the amount of a taxable dividend(A)received by the trust on the share,(B)received on the share and designated under subsection 104(19) by the trust in respect of a beneficiary who is an individual (other than a trust), or(C)that is a qualified dividend received on the share and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received while the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received
(A)received by the trust on the share,(B)received on the share and designated under subsection 104(19) by the trust in respect of a beneficiary who is an individual (other than a trust), or(C)that is a qualified dividend received on the share and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received while the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received
(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received while the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received
(iii)if the trust is an individual’s graduated rate estate, the share was acquired as a consequence of the individual’s death and the disposition occurs during the trust’s first taxation year, 1/2 of the lesser of(A)the loss determined without reference to this subsection, and(B)the individual’s capital gain from the disposition of the share immediately before the individual’s death, and
(A)the loss determined without reference to this subsection, and(B)the individual’s capital gain from the disposition of the share immediately before the individual’s death, and
(i)a taxable dividend, or(ii)a life insurance capital dividend
(a)the amount, if any, by which the lesser of(i)the total of all amounts each of which is a dividend received after that time by the trust on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)the loss determined without reference to subsection 112(3.2) and this subsection minus the total of all amounts each of which is the amount of a taxable dividend(A)received by the trust on the share after that time,(B)received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary who is an individual (other than a trust), or(C)that is a qualified dividend received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received when the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was receivedexceeds(iii)1/2 of the lesser of(A)the loss from the disposition, determined without reference to subsection 112(3.2) and this subsection, and(B)the trust’s capital gain from the disposition immediately before that time of the share because of subsection 104(4), and(b)the total of all amounts each of which is a taxable dividend received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or trust.
(i)the total of all amounts each of which is a dividend received after that time by the trust on the share in respect of which an election was made under subsection 83(2) where subsection 83(2.1) does not deem the dividend to be a taxable dividend, and(ii)the loss determined without reference to subsection 112(3.2) and this subsection minus the total of all amounts each of which is the amount of a taxable dividend(A)received by the trust on the share after that time,(B)received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary who is an individual (other than a trust), or(C)that is a qualified dividend received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received when the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received
(A)received by the trust on the share after that time,(B)received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary who is an individual (other than a trust), or(C)that is a qualified dividend received on the share after that time and designated under subsection 104(19) by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received when the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received
(I)it owned the share throughout the 365-day period that ended immediately before the disposition, and(II)the dividend was received when the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received
(iii)1/2 of the lesser of(A)the loss from the disposition, determined without reference to subsection 112(3.2) and this subsection, and(B)the trust’s capital gain from the disposition immediately before that time of the share because of subsection 104(4), and
(A)the loss from the disposition, determined without reference to subsection 112(3.2) and this subsection, and(B)the trust’s capital gain from the disposition immediately before that time of the share because of subsection 104(4), and
(a)was received,(i)in any case where the dividend was designated under subsection 104(19) or 104(20) by the trust, when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, or(ii)in any other case, when the trust and persons with whom the trust was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, and(b)was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition.
(i)in any case where the dividend was designated under subsection 104(19) or 104(20) by the trust, when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, or(ii)in any other case, when the trust and persons with whom the trust was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, and
(a)was received when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition.
(a)where the taxpayer is an individual and the corporation is resident in Canada, the total of all dividends received by the individual on the share;(b)where the taxpayer is a partnership, the total of all dividends received by the partnership on the share; and(c)where the taxpayer is a corporation, the total of all amounts received by the taxpayer on the share each of which is(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section, section 113 or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year, or(ii)a dividend (other than a taxable dividend).
(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section, section 113 or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year, or(ii)a dividend (other than a taxable dividend).
(a)it was received when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)it was received on a share that the taxpayer owned throughout the 365-day period that ended immediately before the disposition.
(a)where the shareholder is a corporation, the total of all amounts received by the shareholder on the share before that time each of which is(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section, section 113 or subsection 115(1) or 138(6) in computing the shareholder’s taxable income or taxable income earned in Canada for any taxation year, or(ii)a dividend (other than a taxable dividend);(b)where the shareholder is a partnership, the total of all amounts each of which is a dividend received by the shareholder on the share before that time; and(c)where the shareholder is an individual and the corporation is resident in Canada, the total of all amounts each of which is a dividend received by the shareholder on the share before that time (or, where the shareholder is a trust, that would have been so received if this Act were read without reference to subsection 104(19)).
(i)a taxable dividend, to the extent of the amount of the dividend that was deductible under this section, section 113 or subsection 115(1) or 138(6) in computing the shareholder’s taxable income or taxable income earned in Canada for any taxation year, or(ii)a dividend (other than a taxable dividend);
(a)it was received while the shareholder and persons with whom the shareholder was not dealing at arm’s length did not hold in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)it was received on a share that the shareholder held throughout the 365-day period that ended at the time referred to in subsection 112(4.1).
(a)the total of all amounts each of which is a dividend received by the trust on the share, to the extent that the amount was not designated under subsection 104(20) in respect of a beneficiary of the trust; and(b)the total of all amounts each of which is a dividend received on the share that was designated under subsection 104(19) or 104(20) by the trust in respect of a beneficiary of the trust.
(a)it was received when the trust and persons with whom the trust was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)it was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition.
(a)it was received when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and(b)it was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition.
(a)the taxpayer is a financial institution in the year;(b)the share is a mark-to-market property for the year; and(c)the taxpayer received(i)a dividend on the share at a time when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length held in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, or(ii)a dividend on the share under subsection 84(3).
(i)a dividend on the share at a time when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length held in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, or(ii)a dividend on the share under subsection 84(3).
(a)the disposition is an actual disposition;(b)the taxpayer did not hold the share throughout the 365-day period that ended immediately before the disposition; and(c)the share was a mark-to-market property of the taxpayer for a taxation year that begins after October 1994 and in which the taxpayer was a financial institution.
(a)if the taxpayer received a dividend under subsection 84(3) in respect of the share, the total determined under subparagraph (b)(ii), and(b)in any other case, the lesser of(i)the loss, if any, from the disposition of the share that would be determined before the application of this subsection if the cost of the share to any taxpayer were determined without reference to(A)paragraphs 87(2)(e.2) and (e.4), 88(1)(c), 138(11.5)(e) and 142.5(2)(b),(B)subsection 85(1), where the provisions of that subsection are required by paragraph 138(11.5)(e) to be applied, and(C)paragraph 142.6(1)(d), and(ii)the total of all amounts each of which is(A)where the taxpayer is a corporation, a taxable dividend received by the taxpayer on the share, to the extent of the amount that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(B)where the taxpayer is a partnership, a taxable dividend received by the taxpayer on the share, to the extent of the amount that was deductible under this section or subsection 115(1) or 138(6) in computing the taxable income or taxable income earned in Canada for any taxation year of members of the partnership,(C)where the taxpayer is a trust, an amount designated under subsection 104(19) in respect of a taxable dividend on the share, or(D)a dividend (other than a taxable dividend) received by the taxpayer on the share,
(i)the loss, if any, from the disposition of the share that would be determined before the application of this subsection if the cost of the share to any taxpayer were determined without reference to(A)paragraphs 87(2)(e.2) and (e.4), 88(1)(c), 138(11.5)(e) and 142.5(2)(b),(B)subsection 85(1), where the provisions of that subsection are required by paragraph 138(11.5)(e) to be applied, and(C)paragraph 142.6(1)(d), and(ii)the total of all amounts each of which is(A)where the taxpayer is a corporation, a taxable dividend received by the taxpayer on the share, to the extent of the amount that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(B)where the taxpayer is a partnership, a taxable dividend received by the taxpayer on the share, to the extent of the amount that was deductible under this section or subsection 115(1) or 138(6) in computing the taxable income or taxable income earned in Canada for any taxation year of members of the partnership,(C)where the taxpayer is a trust, an amount designated under subsection 104(19) in respect of a taxable dividend on the share, or(D)a dividend (other than a taxable dividend) received by the taxpayer on the share,
(A)paragraphs 87(2)(e.2) and (e.4), 88(1)(c), 138(11.5)(e) and 142.5(2)(b),(B)subsection 85(1), where the provisions of that subsection are required by paragraph 138(11.5)(e) to be applied, and(C)paragraph 142.6(1)(d), and
(A)where the taxpayer is a corporation, a taxable dividend received by the taxpayer on the share, to the extent of the amount that was deductible under this section or subsection 115(1) or 138(6) in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,(B)where the taxpayer is a partnership, a taxable dividend received by the taxpayer on the share, to the extent of the amount that was deductible under this section or subsection 115(1) or 138(6) in computing the taxable income or taxable income earned in Canada for any taxation year of members of the partnership,(C)where the taxpayer is a trust, an amount designated under subsection 104(19) in respect of a taxable dividend on the share, or(D)a dividend (other than a taxable dividend) received by the taxpayer on the share,
(a)the taxpayer’s proceeds of disposition on a deemed disposition of the share before that time were increased because of this subsection,(b)where the taxpayer is a corporation or trust, a loss of the taxpayer on a deemed disposition of the share before that time was reduced because of subsection 112(3), 112(3.2), 112(4) or 112(4.2), or(c)where the taxpayer is a partnership, a loss of a member of the partnership on a deemed disposition of the share before that time was reduced because of subsection (3.1) or (4), and
(a)the dividend was received when the taxpayer and persons with whom the taxpayer did not deal at arm’s length held in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; or(b)the share was not held by the taxpayer throughout the 365-day period that ended immediately before the disposition.
(a)for the purpose of determining whether subsection 112(5.2) applies to the disposition, the conditions in subsections 112(5) and 112(5.1) shall be applied without regard to a deemed disposition and reacquisition of the share before that time; and(b)total amounts under subsection 112(5.2) in respect of the disposition shall be determined from the time when the taxpayer actually acquired the share.
(a)the share is a mark-to-market property for the year and the taxpayer is a financial institution in the year; or(b)subsection 112(5.2) applies to the disposition.
(a)the disposition occurs(i)because of subsection 142.5(2) in a taxation year that includes October 31, 1994, or(ii)because of paragraph 142.6(1)(b) after October 30, 1994; or(b)the share was a mark-to-market property of the taxpayer for a taxation year that begins after October 1994 in which the taxpayer was a financial institution.
(i)because of subsection 142.5(2) in a taxation year that includes October 31, 1994, or(ii)because of paragraph 142.6(1)(b) after October 30, 1994; or
(a)“dividend” and “taxable dividend” do not include a capital gains dividend (within the meaning assigned by subsection 131(1)) or any dividend received by a taxpayer on which the taxpayer was required to pay tax under Part VII of theIncome Tax Act, chapter 148 of the Revised Statutes of Canada, 1952, as it read on March 31, 1977;(b)one corporation is controlled by another corporation if more than 50% of its issued share capital (having full voting rights under all circumstances) belongs to the other corporation, to persons with whom the other corporation does not deal at arm’s length, or to the other corporation and persons with whom the other corporation does not deal at arm’s length; and(c)financial institutionandmark-to-market propertyhave the meanings assigned by subsection 142.2(1).
(a)it is a dividend other than a dividend received under subsection 84(3); or(b)it is received under subsection 84(3) and,(i)if the share is held by an individual other than a trust, the dividend is received by the individual,(ii)if the share is held by a corporation, the dividend is received by the corporation while it is a private corporation, and is paid by another private corporation,(iii)if the share is held by a trust,(A)the dividend is received by the trust,(B)the dividend is designated under subsection 104(19) by the trust in respect of a beneficiary and(I)the beneficiary is an individual other than a trust,(II)the beneficiary is a private corporation when the dividend is received by it and the dividend is paid by another private corporation,(III)the beneficiary is another trust that does not designate the dividend under subsection 104(19), or(IV)the beneficiary is a partnership all of the members of which are, when the dividend is received, a person described by any of subclauses (I) to (III), or(C)the dividend is designated by the trust under subsection 104(19) in respect of a beneficiary that is another trust or a partnership and the trust establishes that the dividend is received by a person described by any of subclauses (B)(I) to (III), and(iv)if the share is held by a partnership,(A)the dividend is included in the income of a member of a partnership and(I)the member is an individual, or(II)the member is a private corporation when the dividend is received by it and the dividend is paid by another private corporation, or(B)the dividend is designated under subsection 104(19) by a member of a partnership that is a trust in respect of a beneficiary described by any of subclauses (iii)(B)(I) to (IV) or is described by clause (iii)(C).
(i)if the share is held by an individual other than a trust, the dividend is received by the individual,(ii)if the share is held by a corporation, the dividend is received by the corporation while it is a private corporation, and is paid by another private corporation,(iii)if the share is held by a trust,(A)the dividend is received by the trust,(B)the dividend is designated under subsection 104(19) by the trust in respect of a beneficiary and(I)the beneficiary is an individual other than a trust,(II)the beneficiary is a private corporation when the dividend is received by it and the dividend is paid by another private corporation,(III)the beneficiary is another trust that does not designate the dividend under subsection 104(19), or(IV)the beneficiary is a partnership all of the members of which are, when the dividend is received, a person described by any of subclauses (I) to (III), or(C)the dividend is designated by the trust under subsection 104(19) in respect of a beneficiary that is another trust or a partnership and the trust establishes that the dividend is received by a person described by any of subclauses (B)(I) to (III), and(iv)if the share is held by a partnership,(A)the dividend is included in the income of a member of a partnership and(I)the member is an individual, or(II)the member is a private corporation when the dividend is received by it and the dividend is paid by another private corporation, or(B)the dividend is designated under subsection 104(19) by a member of a partnership that is a trust in respect of a beneficiary described by any of subclauses (iii)(B)(I) to (IV) or is described by clause (iii)(C).
(A)the dividend is received by the trust,(B)the dividend is designated under subsection 104(19) by the trust in respect of a beneficiary and(I)the beneficiary is an individual other than a trust,(II)the beneficiary is a private corporation when the dividend is received by it and the dividend is paid by another private corporation,(III)the beneficiary is another trust that does not designate the dividend under subsection 104(19), or(IV)the beneficiary is a partnership all of the members of which are, when the dividend is received, a person described by any of subclauses (I) to (III), or(C)the dividend is designated by the trust under subsection 104(19) in respect of a beneficiary that is another trust or a partnership and the trust establishes that the dividend is received by a person described by any of subclauses (B)(I) to (III), and
(I)the beneficiary is an individual other than a trust,(II)the beneficiary is a private corporation when the dividend is received by it and the dividend is paid by another private corporation,(III)the beneficiary is another trust that does not designate the dividend under subsection 104(19), or(IV)the beneficiary is a partnership all of the members of which are, when the dividend is received, a person described by any of subclauses (I) to (III), or
(A)the dividend is included in the income of a member of a partnership and(I)the member is an individual, or(II)the member is a private corporation when the dividend is received by it and the dividend is paid by another private corporation, or(B)the dividend is designated under subsection 104(19) by a member of a partnership that is a trust in respect of a beneficiary described by any of subclauses (iii)(B)(I) to (IV) or is described by clause (iii)(C).
(I)the member is an individual, or(II)the member is a private corporation when the dividend is received by it and the dividend is paid by another private corporation, or
(a)any dividend received on the old share is deemed for those purposes to have been received on the new share only to the extent of the proportion of the dividend that(i)the shareholder’s adjusted cost base of the new share immediately after the exchangeis of(ii)the shareholder’s adjusted cost base of all new shares immediately after the exchange acquired in exchange for the old share; and(b)the amount, if any, by which a loss from the disposition of the new share is reduced because of the application of this subsection shall not exceed the proportion of the shareholder’s adjusted cost base of the old share immediately before the exchange that(i)the shareholder’s adjusted cost base of the new share immediately after the exchangeis of(ii)the shareholder’s adjusted cost base of all new shares, immediately after the exchange, acquired in exchange for the old share.
(i)the shareholder’s adjusted cost base of the new share immediately after the exchange
(ii)the shareholder’s adjusted cost base of all new shares immediately after the exchange acquired in exchange for the old share; and
(i)the shareholder’s adjusted cost base of the new share immediately after the exchange
(ii)the shareholder’s adjusted cost base of all new shares, immediately after the exchange, acquired in exchange for the old share.
(a)the fiscal period of each partnership of which the taxpayer is directly or indirectly a member had ended immediately before the time that is immediately before the particular time;(b)any share of the capital stock of a corporation that was property of a partnership referred to in paragraph (a) at the particular time had been disposed of by the relevant partnership immediately before the end of that fiscal period for proceeds equal to its fair market value at the particular time; and(c)each member of a partnership referred to in paragraph (a) were allocated a share of any loss (computed without reference to subsections (3.1), (4) and (5.2)) in respect of dispositions described in paragraph (b) determined by reference to the member’s specified proportion for the fiscal period referred to in paragraph (a).
[NOTE: Application provisions are not included in the consolidated textsee relevant amending Acts and regulations.]R.S., 1985, c. 1 (5th Supp.), s. 1121994, c. 7, Sch