Derivative Forward Agreement Income Tax Act


    Futures Contract: This is a contract in which one party agrees to deliver to another party a given asset on a given date (the “Due Date”) at a price agreed on the date of the Contract and payable on the Due Date (the “Strike Price”). A futures contract is intentionally similar to a futures contract, but with few fundamental differences. A futures contract has standard terms and is usually traded on organized exchanges. It indicates the trading of a certain amount of underlying at a certain price and at a given time. Although the contract can be settled at the expiration of the physical asset, it is more often executed in cash through the Exchange. The income tax credit for digital subscriptions will be available for eligible amounts paid after 2019 and before 2025. Budget 2019 contains an amendment to the definition of an advance derivative agreement (DFA) that would fill a perceived gap in the definition that Finance could be used by taxpayers to turn certain income into capital gains. Budget 2019 proposes that investment fund trusts be effectively denied the right to distribute income to redeeming unitholders. This can create difficulties in certain circumstances, such as when a large unitholder repays its units and asks the fund to divest investments, which would result in a significant portion of the income that should be distributed to the remaining shareholders.

    Some investment fund trusts may be required to make a special distribution (in cash or in automatically consolidated units) to all unitholders to ensure that the trust is not taxed on income earned to fund the repayment. The futures contract provided for partial terminations. The taxpayer made a series of partial terminations which required it to pay “cash compensation” to TDSI due to the increase in the value of the BNS shares. These payments totalled approximately $10 million, which the taxpayer treated as deductible payments on the income account. The Minister of National Revenue objected and reassessed that the futures contract was a hedge of a capital property, the BNS shares, so that payments are made to a capital account. The tax treatment of profits and losses resulting from derivative contracts – or contracts with an underlying, such as shares or real estate – depends on the coverage or speculation of the derivative contract. “The majority of reasons suggest that the analysis of the existence of hedging of an underlying risk must be determined largely on the basis of the economic link between the derivative instrument and the risk that influences the object of the transaction, even if that risk is theoretical. Côté J.A.`s disagreement provides useful guidance on a number of issues left unresolved by the statement of reasons for the majority`s decision and will be relevant to the application of the test presented by the Court in future cases. If CITA makes it possible to determine that an entity is trading in the underlying assets of a derivative, such as shares, given that its core business and income from such transactions, the entity would be subject to corporation tax (CIT) on the profits of the transaction. This is consistent with the position of the Federal Inland Revenue (FIRS), as set out in the FIRS Circular on the Tax Impact of the Application of International Financial Reporting Standards (IFRS), which provide that gains or losses arising from derivative contracts are treated under CITA. In its purest form, derivatives include futures, futures, swaps and options.

    Unlike a share issued by a company and purchased by an investor, a derivative contract is a private agreement between a buyer and seller that determines how the value of the contract changes over time. . . .