In 2015-0604521E5, a promissory note issued to Holdco on a share redemption was subsequently transferred to Newco as a capital contribution. Since the amount of the promissory note was higher than the ACB of the redeemed shares and increased Holdco’s ACB of the shares of Newco, CRA indicated that it would seek to apply GAAR to Holdco’s reliance on s. 55(3)(a).
Is a subsequent transaction to use the note (or other property, including cash, received as consideration for a share redemption), such as the above transfer of the note to Newco, a necessary trigger for GAAR to be so applied, i.e., could the receipt of a note with a high ACB in itself cause GAAR to apply?
CRA indicated that where a purpose is to increase the cost amount of property of the dividend recipient, GAAR would be triggered, and it is irrelevant whether the cost amount has been used in a series of transactions that includes the dividend.