Principal Issues: Tax consequences of payments from the BC Forest Revitalization Trust as a Lost Opportunity Amount to certain eligible contractors as a consequence of the implementation of the Forestry Revitalization Act.
Position: The payments represent proceeds of disposition of a "timber resource property" to the contractors. Consequently, the contractors would include in income under subsection 13(1) any excess of proceeds over UCC of the class.
2) Alternately, the amounts will be taxable under section 9 as compensation for the loss of profits or under subparagraph 12(1)(x)(iii) as an inducement.
Reasons: The contract between the contractor and the licencee meets the definition "timber resource property" in subsection 13(21).
2) Otherwise, under the "surrogatum" principle, the amounts will be taxable as compensation for the loss of an income source. The amounts could also be considered as an inducement for the purposes of paragraph 12(1)(x) as the contractor is obliged to release the licencee from any claims as consideration for the receipt of the amount.