Opco’s shares are held as to 40%, 40% and 20% by Holdco A, Holdco B and Holdco C, which are wholly owned by three individual shareholders (A, B and C), who deal with each other at arm’s length. “None of the shareholders controls Opco in any manner whatsoever.” Opco disposes of a condo to B's child for proceeds equal to half of its fair market value.
After discussing the potential application of ss. 15(1.4)(c) and 246(1), CRA stated:
In order to respond to a question on subsection 56(2), it would be necessary to know who gave the instructions or with whose concurrence the disposition of the condominium unit occurred. Since Holdco B would have been taxed on the benefit under subsection 15(1) if it had received it directly, subsection 56(2) could also apply in respect of Holdco B if the conditions for its application were satisfied. On the other hand, if the benefit had been granted by Opco in accordance with B's instructions or with B’s concurrence…all these facts should be examined to determine whether B should have included an amount in B’s income if Opco had made the transfer directly to B. If that were the case, subsection 56(2) would apply.