Proposed transactions
Aco, which is exempted under ss. 149(1)(o.2)(ii) and (iv), and which is held by a corporation (described in Reg. 4802(1)(g)) that is wholly-owned by registered pension plans, will borrow money from an arm’s length lender (a financial institution). The loan will be secured by a mortgage granted on existing income-producing real property (that is capital property) of Aco, and the loan proceeds will be used to acquire income-producing real property situated in Canada or invest in real estate partnerships described in s. 149(1)(o.2)(ii)(A)(II). Such acquired properties will not be given as security.
Ruling
Such borrowing and acquisition will not, by themselves, cause ACo to fail to comply with s. 149(1)(o.2)(ii). The CRA summary stated:
The use of existing real property to secure additional borrowing, where such borrowed money is used for activities described in subclause 149(1)(o.2)(ii)(A)(I) or (II), is part of acquiring and investing in real property for the purposes of subparagraph 149(1)(o.2)(ii).