Would CRA accept a late filed designation under s. 55(5)(f)? CRA responded:
Given the FCA’s judgment in Nassau Walnut, the CRA's long-standing administrative practice is to apply subsection 55(2) only in respect of the excess of the taxable dividend over the safe income on hand when issuing an assessment. …
Furthermore, the courts have repeatedly emphasized that the safe income on hand of a corporation should not be subject to double taxation. … Moreover, in a situation where a corporation declines to deduct its safe income on hand from the taxable dividend subject to subsection 55(2), for example, in order to convert the safe income on hand into a capital gain as part of a surplus stripping scheme, we are of the view that subsection 245(2) could be invoked.