On March 15, 2022, a corporation disposes of all of its shares (being 2,000) of ABC Pubco, and realizes a capital loss of $10,000. On March 16, 2022, its sole shareholder acquires 2,500 shares of ABC Pubco. In addition, the shareholder’s RRSP had acquired 1,500 shares of ABC Pubco on March 10, 2022. On May 20, 2022, the RRSP disposes of 1,500 shares of ABC Pubco and the shareholder disposes of 500 shares.
CRA indicated that as all the conditions in s. 40(3.3) were satisfied, the $10,000 loss would be suspended, and stated that “no portion of the corporation's loss could be recognized while the Shareholder owned shares of the capital stock of ABC Pubco constituting Substituted Property.”