Background
A union that was described in s. 149(1)(k) and that had been collecting union dues held a subsidiary that was a taxable Canadian corporation. The union ceased to be the accredited bargaining agent for Organization B. It then began proceedings for its winding up, which included selling a real estate property and receiving a winding-up dividend from its subsidiary.
Proposed transaction
In the course of its winding-up and pursuant to its articles, the union will make a distribution to its union members in settlement of their interests.
Rulings
That the amount so paid to the members will constitute proceeds of disposition of their rights as members in the union, thereby resulting in a capital gain (but with no obligation of the union to prepare tax reporting slips).
The reasons provided in the summary state (TaxInterpretations translation): “[T]his is not the situation of a reimbursement of their union dues, but rather a disposition of their membership right.”