Income Tax Regulations — 6201
re other corporations shall be deemed to be an amalgamation of Lafarge Canada Inc. with another corporation. (9) For the purposes of determining under subsections (2), (4), (5) and (5.1) the time at which a share of a class of the capital stock of a corporation was acquired by a taxpayer, shares of that class acquired by the taxpayer at any particular time before a disposition by the taxpayer of shares of that class shall be deemed to have been disposed of before shares of that class acquired by the taxpayer before that particular time. (10) For the purposes of subsections (2), (4), (5) and (5.1) and this subsection, (a) where a taxpayer is a beneficiary of a trust and an amount in respect of the beneficiary has been designated by the trust in a taxation year pursuant to subsection 104(19) of the Act, the taxpayer shall be deemed to have received the amount so designated at the time it was received by the trust; and (b) where a taxpayer is a member of a partnership and a dividend has been received by the partnership, the taxpayer’s share of the dividend shall be deemed to have been received by the taxpayer at the time the dividend was received by the partnership. (11) For the purposes of subsections (2), (4), (5) and (5.1), (a) a share of the capital stock of a corporation acquired by a person after December 15, 1987 pursuant to an agreement in writing entered into before December 16, 1987 shall be deemed to have been acquired by that person before December 16, 1987; (b) a share of the capital stock of a corporation acquired by a person after December 15, 1987 and before July, 1988 as part of a distribution to the public made in accordance with the terms of a prospectus, preliminary prospectus, registration statement, offering memorandum or notice filed before December 16, 1987 with a public authority pursuant to and in accordance with the securities legislation of the jurisdiction in which the shares were distributed shall be deemed to have been acquired by that person before December 16, 1987; (c) where a share that was owned by a particular restricted financial institution on December 15, 1987 has, by one or more transactions between related restricted financial institutions, been transferred to another restricted financial institution, the share shall be deemed to have been acquired by the other restricted financial institution before that date and after June 28, 1982 unless at any particular time after December 15, 1987 and before the share was transferred to the other restricted financial institution the share was owned by a shareholder who, at that particular time, was a person other than a restricted financial institution related to the other restricted financial institution; and (d) where at any particular time there has been an amalgamation (within the meaning assigned by section 87 of the Act) and (i) each of the predecessor corporations (within the meaning assigned by section 87 of the Act) was a restricted financial institution throughout the period beginning December 16, 1987 and ending at the particular time and the predecessor corporations were related to each other throughout that period, or (ii) each of the predecessor corporations and the new corporation (within the meaning assigned by section 87 of the Act) is a corporation described in any of paragraphs (a) to (d) of the definition restricted financial institution in subsection 248(1) of the Act, a share acquired by the new corporation from a predecessor corporation on the amalgamation shall be deemed to have been acquired by the new corporation at the time it was acquired by the predecessor corporation. [NOTE: Application provisions are not included in the consolidated text; see relevant amending Acts and regulations.] SOR/80-130, s. 2; SOR/84-948, s. 16; SOR/85-963, s. 1; SOR/86-1092, s. 16; SOR/89-409, s. 4; SOR/92-681, s. 3(F); SOR/94-686, ss. 33(F); 78(F), 79(F); SOR/95-357, s. 1; 2007, c. 35, ss. 78, 89