In response to questions regarding a debenture that was convertible into shares of the issuer (a Canadian-controlled private corporation) by the holder (Lenderco), with such conversion right having been “provided for in the debenture … to safeguard the creditor rights of Lenderco,” and the application of ss. 256(3)(a) and 256(6)(a), and before quoting HSC Research as support, CRA stated:
[W]e do not share your view that the phrase "controlled, directly or indirectly in any manner whatever" cannot include de jure control. Rather, our position is that the phrase includes de jure and de facto control under subsection 256(5.1) … .