A Canadian-resident corporation (ACo) transferred its FA1 shares on a s. 85.1(3) rollover basis to a newly-formed non-resident subsidiary (New FA), with New FA then transferring its FA1 shares to a Canadian subsidiary (BCo) of ACo for a note whose amount equaled the sum of the transferred shares relevant cost base and the net surplus (being exempt surplus) respecting FA1.
CRA ruled that the transfers of the FA1 shares would not by themselves cause such shares to cease to be capital property.