Were ss 55(2) and 55(2.1) as set out in the July 31, 2015 Legislative Proposals intended to exempt, from capital gains treatment, a s. 84(3) dividend resulting from a redemption of shares whose amount does not exceed the safe income and which would be deductible under s. 112(1) or 112(2) by a Canadian recipient corporation?
After paraphrasing s. 55(2.1)(c), and before referring to the Part IV tax and s. 55(3)(a) exception, CRA stated (TI translation):
Therefore, if this [s. 55(2.1)(c)] condition is not satisfied, subsection 55(2) will not apply. We would consider that a deemed dividend arising on the redemption of shares that is equal to or lower than the safe income on hand respecting the redeemed shares does not have a purpose of effecting a significant reduction of the capital gain. In this regard, paragraphs 55(5)(b) to (d) are the rules for calculating the income earned or realized by a corporation.