7 October 2005 Roundtable, 2005-0140891C6 F - Disposition d'une immobilisation -- summary under Paragraph 14(1)(b)

Opco transferred business assets, including goodwill with a nil CEC and a $1 million FMV to a new subsidiary ("Newco"). The proceeds of disposition of the goodwill were $1,000,000, so that Opco recognized an inclusion of $500,000 under s. 14(1)(b). Under element A of the formula in the CEC definition of CEC, the balance in Newco's CEC account as at December 31, 2003 was $500,000, reflecting a reduction for ½ of such s. 14(1)(b) inclusion.

Newco subsequently made an arm’s length disposition of its goodwill for $1,500,000. What was its s. 14(1)(b) inclusion assuming no other ECP acquisitions or amortization claims?

After reviewing the elements in the formula, CRA concluded that the answer was $250.000.

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