Mr. X holds all 100 of Opco's Class A shares with a fair market value of $1,000,000 and nominal ACB and PUC. Opco pays a stock dividend comprising Class B shares which have a retraction right for $900,000; the 100 Class shares are exchanged for estate freeze Class C preferred shares; and the family trust subscribes for Class A shares for $10. What would be the safe income attributable to the Class B shares issued as the stock dividend? CRA responded (Tax Interpretations translation):
When there is a stock dividend of a class having a redemption amount higher than its nominal paid-up capital, it will be necessary to apportion the safe income and the safe income on hand which is attributable to the shares on which the dividend was paid, being the Class A shares, between such shares and the shares received as a stock dividend, being the Class B shares. The apportionment of this safe income and safe income on hand which will thereupon be attributable to the Class B shares will be effected in accordance with the proportion of the gain inherent in the Class B shares as compared to the gain inherent in the Class A shares prior to the stock dividend. The amount of safe income and safe income on hand which would be attributable to the Class B shares would reduce the safe income and safe income on hand which was attributable to the Class A shares prior to the payment of the stock dividend.