| 24(1) | 900563 |
| G. Arsenault | |
| (613) 957-2126 | |
| 19(1) | EACC9670 |
September 7, 1990
Dear Sirs:
This is in reply to your letter dated April 26, 1990 concerning the application of subsection 249(4) to foreign affiliates.
We confirm that we are of the opinion that subsection 249(4) does not apply to a foreign affiliate. However, we note that the proposed amendments to the Income Tax Act released by the Minister of Finance on July 13, 1990, if enacted, provide for an amendment to subsection 249(4) such that it will apply to a foreign affiliate that carried on a business in Canada at any time in its last taxation year commencing before the change in control of the foreign affiliate.
In our opinion, subsection 249(4) as enacted by S.C. 1987, c.46, s. 70 applies only to corporations in respect of which subsection 249(1) applies. It is also our opinion that subsection 249(1) does not apply to a corporation that is a foreign affiliate as paragraph 95(1)(g) applies to such corporations. Accordingly, subsection 249(4) does not apply to a corporation to which paragraph 95(1)(g) applies.
In accordance with paragraph 24 of Information Circular 70-6R dated December 18, 1978, the opinions expressed herein are not binding on the Department.
Yours truly,
for DirectorReorganizations and Non-Resident DivisionRulings DirectorateLegislative and Intergovernmental Affairs Branch