Selected Listed Financial Institutions Attribution Method (GST/HST) Regulations — 16
ts, corporations or partnerships, each of which was, immediately before the merger or combination, a distributed investment plan and each of which is referred to in this definition as a “predecessor”, to form one trust, corporation or partnership (referred to in this definition as the “continuing plan”) in such a manner that (a) the continuing plan is a predecessor and is, immediately after the merger or combination, a distributed investment plan; (b) for each predecessor other than the continuing plan, all or substantially all of the outstanding units of the predecessor are converted, by any means, into units of the continuing plan or are cancelled; and (c) the merger or combination is otherwise than as a result of the acquisition of property of a particular trust, corporation or partnership by another trust, corporation or partnership, pursuant to the purchase of that property by the other trust, corporation or partnership or as a result of the distribution of that property to the other trust, corporation or partnership on the winding-up of the particular trust, corporation or partnership. ( fusion de régimes ) specified investor in a particular distributed investment plan for a fiscal year of the particular investment plan that ends in a calendar year means a person (other than an individual or a distributed investment plan) that holds units of the particular investment plan as of September 30 of the calendar year and that meets the following criteria: (a) if the person is an investment plan, (i) the person holds units of the particular investment plan with a total value of less than $10,000,000 as of September 30 of the calendar year, (ii) on or before December 31 of the calendar year, the person has not notified the particular investment plan that the person is a qualifying investor (as defined in subsection 52(1)) in the particular investment plan for the calendar year, and (iii) the particular investment plan neither knows nor ought to know that the person is a qualifying investor (as defined in subsection 52(1)) in the particular investment plan for the calendar year; and (b) in any other case, as of September 30 of the calendar year, (i) if the particular investment plan is a stratified investment plan, for each series of the particular investment plan in which the person holds units, the person holds units of the series with a total value of less than $10,000,000, and (ii) if the particular investment plan is a non-stratified investment plan, the person holds units of the particular investment plan with a total value of less than $10,000,000. ( investisseur déterminé ) specified transaction means (a) in relation to an attribution point in respect of a non-stratified investment plan for a taxation year of the investment plan, the acquisition of units of the investment plan by a person, or by a group of persons, from the investment plan if (i) the acquisition by the person, or each acquisition by a member of the group of persons, occurs less than 31 days before the attribution point, (ii) the units are disposed of, within the meaning of subsection 248(1) of the Income Tax Act , by the person, or by each member of the group of persons, within 30 days after the attribution point, (iii) in the case of the acquisition of the units by a group of persons, each member of the group is related to every other member of the group, (iv) the total value of the units as of the attribution point is greater than the lesser of (A) $10,000,000, and (B) 10% of the total value of all of the units of the investment plan on the attribution point, (v) the investment plan’s percentage for any participating province and for the taxation year, determined without reference to subsection 32(3), is less than the amount that would be that percentage if that percentage were determined without reference to the units, and (vi) the acquisition by the person, or any acquisition by a member of the group of persons, does not meet one or more of the follow