Foreign Parent holds a majority position in Pubco indirectly including through Canholdco 2 and Canholdco 1. Pubco is a public corporation that previously elected under s. 261 for the U.S. dollar to be its elected functional currency and that it is described in s. 212.3(10)(f). A non-resident subsidiary (Finco) of Pubco has been funding a major project of “Opco,” that was capitalized mostly with mandatorily redeemable preferred shares (MRPS).
CanHoldco 2 subscribed for Pubco common Shares from treasury in U.S. dollars, which constituted an indirect acquisition by a CRIC (CanHoldco 2) under s. 212.3(10)(f). Pubco used those U.S. dollars to make investments in its FAs within 90 days and as part of the same series of transactions. CRA stated that such on-investment:
was not subject to subsection 212.3(2) based on the application of subparagraph 212.3(18)(c)(v), as this amount represented direct Investments made by a CRIC (Pubco) in its FAs (including Finco) under subsection 212.3(10) (other than one described in paragraph 212.3(10)(f)) and those direct Investments by Pubco were themselves subject to subsection 212.3(2).