Income Tax Regulations — 1100
organization in respect of which, if a dividend were received by a corporation in the course of the reorganization, subsection 55(2) of the Act would not be applicable to the dividend by reason of the application of paragraph 55(3)(b) of the Act, or (b) to (d) [Repealed, SOR/90-22, s. 1] (e) from a person with whom the taxpayer was not dealing at arm’s length (otherwise than by virtue of a right referred to in paragraph 251(5)(b) of the Act) at the time the property was acquired, and where (f) the property was depreciable property of the person from whom it was acquired and was owned continuously by that person for the period from (i) a day that was at least 364 days before the end of the taxation year of the taxpayer during which he acquired the property, or (ii) November 12, 1981 to the day it was acquired by the taxpayer, or (g) the rules provided in subsection (2.1) or this subsection applied in respect of the property for the purpose of determining the allowance under subsection (1) to which the person from whom the taxpayer acquired the property was entitled, the following rules apply: (h) no amount shall be included in determining an amount for F in subsection (2) in respect of the property; (i) where the property is a property to which paragraph (1)(b) applies, that paragraph shall be read, in respect of the property, as “such amount, not exceeding the amount for the year calculated in accordance with Schedule III, as he may claim in respect of the capital cost to him of property of Class 13 in Schedule II”; (j) where the property is a property of a class to which paragraph (1)(ta) applies, (i) the property shall be deemed to be designated property of the class, (ii) for the purposes of computing the amount determined under paragraph (1)(ta) for any taxation year of the taxpayer ending after the time the property was actually acquired by the taxpayer, the property shall be deemed, other than for the purposes of paragraph (f), to have been acquired by the taxpayer immediately after the commencement of the taxpayer’s first taxation year that commenced after the time that is the earlier of (A) the time the property was last acquired by the transferor of the property, and (B) where the property was transferred in a series of transfers to which this subsection applies, the time the property was last acquired by the first transferor in that series, unless (C) where clause (A) applies, the property was acquired by the taxpayer before the end of the taxation year of the transferor of the property that includes the time at which that transferor acquired the property, or (D) where clause (B) applies, the property was acquired by the taxpayer before the end of the taxation year of the first transferor that includes the time at which that transferor acquired the property, (iii) where the taxpayer is a corporation that was incorporated or otherwise formed after the end of the transferor’s, or where applicable, the first transferor’s, taxation year in which the transferor last acquired the property, the taxpayer shall be deemed, for the purposes of subparagraph (ii), (A) to have been in existence throughout the period commencing immediately before the end of that year and ending immediately after the taxpayer was incorporated or otherwise formed, and (B) to have had, throughout the period referred to in clause (A), fiscal periods ending on the day of the year on which the taxpayer’s first fiscal period ended, and (iv) the property shall be deemed to have become available for use by the taxpayer at the earlier of (A) the time it became available for use by the taxpayer, and (B) if applicable, (I) the time it became available for use by the person from whom the taxpayer acquired the property, determined without reference to paragraphs 13(27)(c) and (28)(d) of the Act, or (II) the time it became available for use by the first transferor in a series of transfers of the same property to which this subsection applies, determined without r