Taxable Canadian Property

See Also

Commissioner of Taxation v. Resource Capital Fund III LP, [2014] FCAFC 37 (Fed. Ct. of Austr.)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other mining information not to be valued separately at reproduction cost 286
Tax Topics - Treaties - Income Tax Conventions - Article 13 mining information not to be valued separately at reproduction cost 286
Tax Topics - Treaties - Income Tax Conventions - Article 4 reverse hybrid partnership 415

Lipson v. The Queen, 2012 DTC 1064 [at 2796], 2012 TCC 20

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Administrative Policy

1 May 1990 Memorandum AC70442

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84 C.R. - Q.36

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Articles

Edward A. Heakes, "Another Wave of Foreign Affiliate Proposals", International Tax Planning, Volume XVIII, No. 4, 2013, p. 1275

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Steve Suarez, Maire-Eve Gosselin, "Canada's Section 116 System for Nonresident Vendors of Taxable Canadian Property", Tax Notes International,9 April 2012, p. 175

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Michael N. Kandev, Fred Purkey, "Practical Troubles With the Disposition of Canadian-Situs Property by Nonresidents of Canada", Practitioner's Corner, Tax Notes International, 12 September 2011, p. 807.

David W. Ross, "Non-Resident Unitholders - Impact on Status", Resource Sector Taxation, 2004, p. 76: Discussion whether net profit interests are interests in respect of real property.

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Administrative Policy

19 June 2015 STEP Roundtable, Q. 10

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27 June 2013 External T.I. 2012-0459481E5 - Taxation of a Non-Resident

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7 July 2011 External T.I. 2011-0403271E5 - Non-resident's taxable income in Canada

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92 C.M.TC - Q.6

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See Also

Commissioner of Taxation v Resource Capital Fund IV LP Commissioner of Taxation v Resource Capital Fund IV LP, [2019] FCAFC 51

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Words and Phrases
mining
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) assessment must bring to the attention of the assessed person that it has been assessed to tax 244
Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) source of gain was in Australia because the sale occurred pursuant to an Australian Scheme of Arrangement 305

Resource Capital Fund IV LP v Commissioner of Taxation, [2018] FCA 41 (Federal Court of Australia), rev'd on various grounds [2019] FCAFC 51

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares private equity fund LP with 5-year holding objective realized share gain on income account 167
Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) gains of a NR PE fund from disposals of Australian share investments that were managed in part in Australia were derived from Australia 411
Tax Topics - Treaties - Income Tax Conventions - Article 3 each U.S.-resident partner of a Caymans PE LP carried on a U.S. “enterprise” 222
Tax Topics 386
Tax Topics - Treaties - Income Tax Conventions - Article 13 exclusion in Art. 13 of Aust.-U.S. Treaty for real property dispositions extended to shares of Australian holding company holding mining leases through grandchild
Tax Topics - General Concepts - Stare Decisis lower court not bound by a point of law that was assumed rather than examined by a higher court 272
Tax Topics - Income Tax Act - Section 152 - Subsection 152(1) assessment of partnership was assessment of partners 83
Tax Topics - Treaties - Income Tax Conventions - Article 6 Art. 6 extends common law meaning of real property 180
Tax Topics - Income Tax Act - Section 218.3 - Subsection 218.3(1) - Canadian Property Mutual Fund Investment shares of Australian mining company were primarily attributable to the processing rather than mining operations 140
Tax Topics - General Concepts - Fair Market Value - Other processing assets of mining company were more valuable than its mining assets 234

Administrative Policy

22 September 2017 External T.I. 2016-0668041E5 - TCP and Article 13(5) of Canada-UK Treaty

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Locations of other summaries Wordcount
Tax Topics - Treaties - Income Tax Conventions - Article 13 proportionate value approach to determining whether shares of a foreign holding company are derived more than 50% from Canadian immovable property for Treaty purposes 287

1 May 2017 Internal T.I. 2015-0624511I7 - 248(1)(e)(ii) of the definition of TCP

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paaragraph 94(3)(c) methodology for determining whether shares of NR corps indirectly holding some Cdn real property and resource properties through Opcos with interco loans were taxable Cdn property 309

1 March 2017 External T.I. 2016-0658431E5 - Article XIII of Canada-U.S. Convention

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Locations of other summaries Wordcount
Tax Topics - Treaties - Income Tax Conventions - Article 13 test of a real property security under the Canada-U.S. Treaty is a point-in-time test 254

6 December 2016 External T.I. 2014-0542551E5 - Taxable Canadian Property

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2012 IFA Roundtable, Q.5 [preliminary -final above]

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2013 Ruling 2012-0444431R3 - Taxable Canadian Property

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Locations of other summaries Wordcount
Tax Topics - Treaties - Income Tax Conventions - Article 13 NR partnership holding real property interests through debt 259

13 September 2012 CICA Compliance Roundtable, 2012-0453021C6 - Taxable Canadian Property

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17 May 2012 IFA Conference Roundtable, 2012-0444091C6 - Definition of taxable Canadian property

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28 November 2011 CTF Roundtable, 2011-0425901C6 - Does share derive value principally from real prop

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Locations of other summaries Wordcount
Tax Topics - Treaties - Income Tax Conventions - Article 13 debt allocation under derivation test 129

Articles

John Tobin, "Infrastructure and P3 Projects", 2017 Conference Report (Canadian Tax Foundation), 10:1-31

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Jared A. Mackey, "Canada Revenue Agency Views on Taxable Canadian Property Determinations Involving Subsidiaries", Tax Topics (Wolters Kluwer), No. 2315, July 21, 2016 p. 1

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Words and Phrases
derived

Timothy Hughes, Matias Milet, Marc Richardson-Arnould, "Private Equity Funds – Selected Canadian Tax Issues", Tax Management International Journal, 2016, p.84

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Sheryl Troup, "Purchasing Private Corporation Shares: Hazards if the Vendor is Non-Resident", Canadian Tax Focus, Volume 3, No. 4, November 2013, p. 5.

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Administrative Policy

19 March 2013 Internal T.I. 2010-0385931I7 - Taxable Canadian property and Partnerships

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) partnership look-through 266
Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) partnership TCP gain but not TCP status attributed to partners 84

29 November 2011 November CTF Roundtable, 2011-0425931C6 - 2011 CTF - Question 20

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Articles

Jack Bernstein, Francesco Gucciardo, "TCP Proposal Overshoots Objective?", Canadian Tax Highlights, Vol. 21, No. 8, p. 4

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Administrative Policy

7 March 2016 External T.I. 2015-0608211E5 - Assignment of right to purchase

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Words and Phrases
option transfer

18 December 2002 External T.I. 2002-015179 -

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91 C.R. - Q.49

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