Cases
Hewlett Packard (Canada) Ltd. v. Canada, 2004 DTC 6498, 2004 FCA 240
The taxpayer (who had an October 31 fiscal year end) followed a practice of purchasing a new fleet of cars from Ford to replace the fleet which it...
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| Tax Topics - Statutory Interpretation - Provincial Law | 89 |
Borstad Welding Supplies (1972) Ltd. v. The Queen, 93 DTC 5457, [1993] 2 CTC 266 (FCTD)
In connection with the sale of the taxpayer's business to an arm's length corporation, it was agreed that refillable cylinders would be rented by...
The Queen v. Browning Harvey Ltd., 90 DTC 6105, [1990] 1 CTC 161 (FCTD)
A manufacturer and distributor of softdrinks entered into agreements with shopkeepers under which: coolers were "sold" to the shopkeepers for $2,...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | 100 |
Consumers' Gas Company Ltd. v. The Queen, 82 DTC 6300, [1982] CTC 339 (FCTD), aff'd, 84 DTC 6058, [1984] CTC 83 (FCA)
Abandoned gas mains continued to be owned by the taxpayer and thus could not be said to have been "disposed of" by it. It thus could continue to...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(g) | 33 | |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | cost not reduced by reimbursement right therefor | 134 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.1) | 37 | |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | compensation for relocating pipelines was capital | 32 |
Olympia and York Developments Ltd. v. The Queen, 80 DTC 6184, [1980] CTC 265 (FCTD)
It was held that since the taxpayer, by executing an agreement respecting the ultimate sale by it of apartment buildings, had "completely divested...
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| Tax Topics - Income Tax Act - Section 9 - Timing | 78 |
R. v. Malloney’s Studio Ltd., 79 DTC 5124, [1979] CTC 206, [1979] 2 S.C.R. 326
"Demolition of a building does not in ordinary parlance or arrangements produce an entitlement in the owner to proceeds of disposition where the...
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Proceeds of Disposition - Paragraph (c) | 53 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 38 | |
| Tax Topics - Income Tax Act - Section 68 | 152 |
See Also
Ipsco Inc. v. The Queen, 2002 DTC 1421 (TCC)
A lump sum which the taxpayer received in settlement of an action it brought because a "quench and temper" pipe treatment system that had been...
Robert Bédard Auto Ltée. v. MNR, 85 DTC 643, [1985] 2 CTC 2354 (TCC)
The taxpayer was found to have disposed of its land and building at the same time that it sold the balance of its business to a purchaser when it...
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| Tax Topics - General Concepts - Effective Date | 158 |
Freesman v. The Queen, [1982] 2 F.C. 900 (T.D.)
The owner ("Miss Glass") of a car "disposed of" it for purposes of the Customs Act when she entered into an agreement with the plaintiff under...
The Queen v. Cie Imm. BCN Ltée, 79 DTC 5068, [1979] CTC 71, [1979] 1 S.C.R. 865
The verb "to dispose" (which should receive the same meaning as the expressions "disposition", "proceeds of disposition" and " disposed of")...
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| Tax Topics - Other Legislation/Constitution - Federal - Official Languages Act - Section 13 | 87 | |
| Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions | detailed definition not presumed exhaustive | 52 |
Picadilly Hotels Ltd. v. The Queen, 78 DTC 6444, [1978] CTC 658 (FCTD)
There was found to be a disposition or sale of a property by the taxpayer at the time of the closing of the agreement of purchase and sale in...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(l) | 48 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(4) | 49 |
Administrative Policy
7 February 2013 External T.I. 2012-0436781E5 - Tax Treatment of Payment Received from Co-Tenant
CRA noted that "in Sussex Square Apartments, (99 DTC 443) the court concluded that a 'sublease' of the entire term of a lease operates as an...
8 June 2004 Internal T.I. 2004-0067401I7 F - Dépenses d'une entreprise illégale
The RCMP conducted a search of the business premises of the taxpayer, whose activity was illegal, and seized all equipment related to that...
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | onus on taxpayer, who did not keep records, to displace the net worth assessment method results | 177 |
| Tax Topics - General Concepts - Onus | onus on taxpayer, who did not keep records, to displace the net worth assessment results, with documentation or other “acceptable evidence” | 130 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(16) | terminal loss when illegal equipment was forfeited to the Crown by court order | 122 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees | legal fees incurred to defend criminal charges for carrying on an illegal drug business were non-deductible | 138 |
28 May 2004 Internal T.I. 2004-0065101I7 F - Tenures à bail - Catégorie 13 et loyers
The taxpayer carried on its business in rented premises to which it made leasehold improvements, and then relocated to leased premises (to which...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | rent on premises continued to be deductible after they were vacated | 134 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | vacated leased premises continued to qualify as Class 13 property | 136 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(a) | no change of use when premises were vacated | 180 |
2 December 1992 Memorandum (Tax Window, No. 27, p. 20, ¶2349, October 1993 Access Letter, p. 480)
A true abandonment of property, for example, where ownership of the property reverts to the Crown or accrues to the first finder and there is no...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 40 |
92 C.R. - Q.40
Where an investor decides to tear down a building and leave the land vacant, there will be a disposition of the building on demolition.
26 February 1992 T.I. (Tax Window, No. 17, p. 6, ¶1765)
A 99-year lease of residential suites by a condominium corporation to non-members in consideration for substantial up-front payments and nominal...