Question
Mr. Sucha Pest (Sucha), a Canadian-resident individual, is a 50-year-old widower. Sucha traps you in a conversation at a seasonal social function on December 14,
Mr. Sucha Pest (“Sucha”), a Canadian-resident individual, is a 50-year-old widower. Sucha traps you in a conversation at a seasonal social function on December 14, 2020. Upon learning that you are a CPA, he begins to ask you for income tax advice while you look desperately around the room for someone to come and rescue you from this “holiday Hell”.
Sucha currently owns 1,000 Common Shares of The Bank of Nova Scotia, a Canadian-resident public corporation. These Common Shares have the following income tax attributes as of December 20, 2020:
ACB $30,000 ($30 per Common Share)
FMV $70,000 ($70 per Common Share)
These Common Shares yield an eligible dividend of $3,600 (i.e., $3.60 per Common Share), which is received annually on June 30.
Sucha is considering a transfer via gift or a transfer via sale (at FMV or for an amount less than or greater than FMV) of all
Common Shares on December 20, 2020, to one of his family members (all ages provided as of December 31, 2020):
(a) his 85-year-old father, Wassa;
(b) his 26-year-old son, Issa;
(c) his 17-year-old daughter, Stilla;
(d) his 2-year-old grandchild, Major;
(e) his 20-year-old nephew, Canbea; and
(f) his 16-year-old niece, Ima.
During your conversation, Sucha indicated that the transferee will sell all Common Shares on November 30, 2021, at their anticipated FMV of $80,000 (i.e., $80 per Common Share). Sucha claims to have already conducted some Internet research and, as a result, he has learned that the CRA’s “prescribed rate” for the fourth quarter of 2020 is 1%. Sucha has also advised you that there will be Nil expenses of disposition (i.e., “selling costs”) in all instances, given that his brother-in-law, Raid, is a stockbroker.
Required
Based on your painful conversation with Sucha, answer the following questions based on each of the six independent transactions described below. Each answer is worth one mark.
1. Wassa: Cash Sale at $35 per Common Share
Sucha’s 2020 CG $_____
Wassa’s ACB $_____
Wassa’s 2021 CG $_____
Attribution to Sucha? (Yes or No):
2021 Dividend _____
2021 CG _____
2. Issa: 2% “On Demand” IOU Sale at $70 per Common Share
Issa will pay the appropriate interest to Sucha on June 30, 2021. On November 30, 2021, Issa will satisfy the IOU in full and pay the appropriate interest to
Sucha
Sucha’s 2020 CG $_____
Issa’s ACB $_____
Issa’s 2021 CG $_____
Attribution to Sucha? (Yes or No):
2021 Dividend _____
2021 CG _____
3. Stilla: Cash Sale at $60 per Common Share
Sucha’s 2020 CG $_____
Stilla’s ACB $_____
Stilla’s 2021 CG $_____
Attribution to Sucha? (Yes or No):
2021 Dividend _____
2021 CG _____
4. Major: As a Gift
Sucha’s 2020 CG $_____
Major’s ACB $_____
Major’s 2021 CG $_____
Attribution to Sucha? (Yes or No):
2021 Dividend _____
2021 CG _____
5. Canbea: 0% “On Demand” IOU Sale at $65 per Common Share
Sucha’s 2020 CG $_____
Canbea’s ACB $_____
Canbea’s 2021 CG $_____
Attribution to Sucha? (Yes or No):
2021 Dividend _____
2021 CG _____
6. Ima: 1% “On Demand” IOU Sale at $80 per Common Share
Ima will pay the appropriate interest to Sucha on January 30, 2021, and on January 30, 2022
Sucha’s 2020 CG $_____
Ima’s ACB $_____
Ima’s 2021 CG $_____
Attribution to Sucha? (Yes or No):
2021 Dividend _____
2021 CG _____
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