Mr. A transferred his shareholding of Opco 1 (wholly-owned by him) to a corporation (Opco 2) equally owned by him and his spouse in consideration for a note. Per 2002-0128955, the resulting deemed dividend under s. 84.1(1)(b) would not generate a dividend refund (DR). Does CRA maintain this position? CRA responded:
No. We conducted a fresh analysis of this problem and reconsidered our previous positions in that regard. In the light of that analysis, we have come to the conclusion that the position described in the Interpretation no longer represents the position of the CRA. In particular, according a DR to a corporation deemed to have paid a dividend by virtue of paragraph 84.1(1)(b) provides in our view a result that is more compatible with the integration principle enshrined in the Income Tax Act.