On January 1, 2005, Canco purchases for cancellation 100 common shares, having a fair market value of $100,000, in consideration for paying $25,000 per annum during the four following years to the redeemed shareholder (“Shareholder”). As a legal matter, the 100 shares were cancelled on January 1, 2005 and, thereafter, the Shareholder held a debt claim of $100,000. How would s. 84(3) apply? CRA responded:
… [T]he amount of the deemed dividend at the time of the purchase for cancellation of the shares of the capital stock of Canco on January 1, 2005 would be equal to the value of any consideration given by Canco and received by the Shareholder for the Shareholder’s shares of the capital stock of Canco at the time of the purchase for cancellation of such shares, including any covenants or promises to pay amounts in the future, that would be in excess of the paid-up capital in respect of such shares.
This position is consistent with Cabezuelo v. M.N.R., 83 DTC 679 (T.C.C.) and Belair v. M.N.R., 89 DTC 429 (T.C.C.). ... The term "amount" is defined very broadly in subsection 248(1) ... .