2023 Ruling 2022-0949841R3 - Loss Consolidation Ruling -- summary under Paragraph 261(16)(a)

CRA ruled on transactions for the transfer of losses by Lossco to Profitco, which entailed transactions to transfer Lossco losses to its new subsidiary, Newco 1, with Newco 2 then being sold to Profitco so that Profitco could access the Newco 2 losses through winding-it up pursuant to s. 88(1.1).

Profitco had made a functional currency election. The rulings included a ruling as to the application of s. 261(16)(a) to the wind-up of Newco into Profitco, including regarding Newco 2 being deemed to have elected Profitco’s tax reporting currency for its second short taxation year (of less than one day ending with its dissolution) and regarding the non-application of the avoidance rule in s. 261(18) and the stop-loss rule in s. 262(21).

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