Subsequent to an estate freeze, the freeze preferred shares were redeemed (in 2006). In 2011, it was determined that the redemption amount was too low, as a result of which an additional redemption amount was paid pursuant to a price adjustment clause contained in the articles. Is the resulting additional deemed dividend considered to have arisen in 2006 or 2011? CRA responded:
[T]his inclusion as a dividend pursuant to subsection 84(3) would take place in the year of receipt of the additional payment. Furthermore, and for the purposes of subsection 129(1), the dividend would be considered to have been paid by the payer in the taxation year in which the additional payment was actually made.
Consequently … the taxpayer should include in the computation of the taxpayer’s income for the 2011 taxation year a dividend equal to the additional payment received in 2011.