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Table of contents Discussion and interpretation Factual residence Deemed residence Other considerations Application Reference Discussion and interpretation Factual residence 1.1 The residence of a trust in Canada, or in a particular province or territory within Canada, is a question of fact to be determined according to the circumstances in each case. 1.2 The Supreme Court of Canada (Fundy Settlement v. ... Other considerations 1.11 Subsection 75(2) is an attribution rule applicable in respect of trusts factually resident in Canada and created after 1934. ...

If future considerations are only speculative, they would not be material in an assessment of whether a past due debt is collectible." Non-arm’s-length relationship between creditor and debtor 1.38 In assessing the likelihood of collecting a debt, the main consideration will generally be the ability of the debtor to repay the debt. ... In other cases, a taxpayer may have guaranteed the debts of such a corporation for inadequate consideration. ...

Acquired to replace the former property Acquired for the same or a similar use Acquired to gain or produce income from the same or a similar business Other considerations relevant to the replacement property rules Class 14.1 Limited period franchises, concessions or licences Subsection 85(1) election Amalgamations and wind-ups Partnerships Non-residents and deceased taxpayers Application Reference History Discussion and interpretation General overview of the replacement property rules 1.1 Where a capital property, other than a share of the capital stock of a corporation, is disposed of, whether voluntarily or involuntarily, and a replacement property is acquired within specified time limits, subsection 44(1) may provide for the deferral of all or part of the capital gain on the disposition. 1.2 Similarly, all or part of the recapture of CCA on the disposition of a property described in ¶1.3 that is depreciable property of a prescribed class may be deferred by virtue of subsection 13(4) where a replacement property is acquired within the specified time limits. 1.3 Unless otherwise specified, a reference in this Chapter to a former property applies to any property disposed of in either of the situations described below: when subject of an involuntary disposition: a property where the proceeds of disposition (POD) received by the taxpayer consist of compensation for property unlawfully taken (for example, stolen), compensation for property destroyed including any amount of insurance proceeds payable in respect of that loss or destruction, compensation for property taken under statutory authority (for example, expropriated) or the sale price of property sold to a person by whom notice of an intention to take it under statutory authority was given. ... Other considerations relevant to the replacement property rules Class 14.1 1.45 Effective January 1, 2017, the eligible capital property rules were repealed and were replaced by Class 14.1 of depreciable property under the CCA regulations. ...

For the purposes of the definition of a personal trust, love and affection are not regarded as consideration. ... Release or surrender For consideration or deemed consideration 1.13 A release or surrender is either an extinguishment or discharge of a legal right or claim, or a transfer of a legal right or claim to another person. ... On a later date, and for no consideration, Mr. A releases or surrenders his income interest in the trust in favour of his two adult children to be shared equally. ...