Cases
Prints which the taxpayer purchased without seeing or taking personal possession of and then immediately donated to a Florida university were...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts | 113 | |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | 38 | |
| Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions | "includes" is expansive | 61 |
See Also
Plamondon v. The Queen, 2011 DTC 1137 [at at 746], 2011 TCC 47 (Informal Procedure) -- attach -- Personal-Use Property
Hogan J found that dried insects donated by the taxpayer to Laval University were individually appraised and did not "form an unbreakable set,"...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 46 - Subsection 46(3) | 83 |
Cartoons that the taxpayer donated to Brock University were not personal-use property given that the drawings had been created by him in the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | reasonable not to foresee rectification order | 94 |
Administrative Policy
2 November 2023 APFF Roundtable Q. 9, 2023-0982911C6 - APFF - Congrès 2023 - Table ronde sur la fiscalité -- attach -- Personal-Use Property
Madame Y made a cash purchase of a bitcoin on a central exchange platform in order that she could ultimately pay for items online. Subsequently,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss - Damages | bitcoin loss from fraud might be capital loss, and timing of a loss could be governed by s. 44(2) | 241 |
| Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition - Paragraph (b) | damages for loss of bitcoin from fraud would be compensation for property unlawfully taken | 94 |
20 June 2023 STEP Roundtable Q. 1, 2023-0961341C6 - Personal-Use Property -- attach -- Personal-Use Property
CRA confirmed that since an estate is a separate taxpayer from the deceased, items that were personal-use property (PUP) of the deceased and,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 46 - Subsection 46(1) | personal-use property (PUP) of the deceased may not be PUP of the estate | 175 |
7 October 2016 APFF Financial Strategies and Instruments Roundtable Q. 4, 2016-0651791C6 F - Choix 45(2) et (3) - immeuble à logements -- attach -- Personal-Use Property
If a duplex was a single property, the election of February 22, 1994 respecting the elimination of the $100,000 capital gains exemption would be...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(3) | invalidity of s. 45(3) elections on duplex units applied only for changes of use after February 21, 2012 | 185 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Regulation 1102(2) | Reg. 1102(2) deems building to be separate from land and does not bifurcate the land | 176 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(g) - Subparagraph 40(2)(g)(iii) | capital loss recognition on land underlying duplex used 40% personally | 78 |
7 November 2014 External T.I. 2014-0536261E5 F - Bien à usage personnel -- attach -- Personal-Use Property
An individual lease a foreign real estate property to the individual's brother, to live there with his family, for a fair market value rent. Is...
Are non-interest bearing loans, for example to a non-resident corporation or to a non-resident child of a parent, "personal-use property" ("PUP")...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 186 - Subsection 186(1) | circularity issue | 673 |
| Tax Topics - Income Tax Act - Section 88 - Subsection 88(2) | 737 |
12 February 2013 Internal T.I. 2012-0437211I7 F - NRT rules and subsection 164(6) -- attach -- Personal-Use Property
The estate of an individual was deemed to be resident in Canada. At the time of his death, the deceased held his Canadian principal residence. ...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) | s. 94 deemed resident trust could carry back under s. 164(6) re capital loss on non-TCP shares | 318 |
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) | estate of resident deceased with one resident beneficiary was subject to s. 94(3) | 315 |
a cottage owned by an estate which has not been used by any of the beneficiaries or related individuals would not be personal-use property, so...
23 April 2003 Internal T.I. 2003-0008767 F - Benefits Conferred on Shareholders -- attach -- Personal-Use Property
The corporation built a luxury house on land belonging to its shareholder for his exclusive benefit and use and to his specifications, with its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | shareholder benefit where house sold to shareholder at a loss attributable to its having been built to his luxury specifications | 194 |
| Tax Topics - Income Tax Act - Section 46 - Subsection 46(4) | policy of s. 46(4) supported the finding of a shareholder benefit when personal-use property of corporation sold at a loss (representing luxury elements that did not add value) to its shareholder | 238 |
Paragraph (a)
Subparagraph (a)(iii)
Administrative Policy
29 January 2009 External T.I. 2008-0280751E5 - Deceased taxpayer's residence sold by his estate -- attach -- Subparagraph (a)(iii)
The principal residence of the deceased passed to the estate, which sold the residence at a loss as compared to the cost established under s....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) | estate realized capital loss on principal residence of deceased that could be applied under s. 164(6) | 87 |