CRA confirms that where damages relate to a particular asset of a business that was not disposed of, they will reduce the asset’s cost

In 2016-0652851C6 F, as a result of breach of a purchaser's obligation to purchase a personal residence, the individual vendor received $50,000 in damages from the defaulted purchaser, which CRA stated was proceeds of disposition of a promise giving rise to a capital gain of $50,000.

In confirming its earlier position, CRA stated that although IT 365R2 provides that "where the amount of compensation relates to a particular asset that was not disposed of, the amount will serve to reduce the cost of that asset to the taxpayer," this position only applies respecting non-performance of business contracts.

Neal Armstrong. Summary of 6 October 2017 APFF Roundtable, Q.7 under s. 54 – capital property.