Cases
British Columbia v. 1184369 B.C. Ltd., 2024 BCCA 380
The Crown pleadings in the appeal of the taxpayer (“118”) of a property tax assessment stated an assumption as to the property’s FMV (which...
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| Tax Topics - General Concepts - Onus | the taxpayer was required to disprove the Minister’s assumption as to a property’s FMV (based on its property assessment value) | 351 |
Carvest Properties Limited v. Canada, 2022 FCA 124
The company (“Carvest”) constructed a 137-unit building in London, Ontario, for purposes of renting the units. Nonetheless, it registered each...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(1) | rental units in apartment building that technically were condo units were appropriately valued under s. 191(1) based on comparable condo sales | 350 |
Colubriale c. La Reine, 2006 DTC 2577, 2004 TCC 578
Before going on to find that a shareholder benefit had been conferred on the taxpayer by virtue of his transferring a property to a corporation of...
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | "ought to have known" rather than "intent" standard | 118 |
Schippmann Estate v. Schippmann, 2001 DTC 5598 (BCCA)
A commercial property, and other property of the deceased, was distributed, as to 50%, to its surviving widow on a rollover basis pursuant to s....
Reiss Estate v. R., 99 DTC 5429, [1999] 3 CTC 660 (FCA)
Given the dearth of comparable sales around the valuation date in question, the trial judge committed an error in not considering a valuation of...
Ondrey v. R., 98 DTC 6023, [1998] 1 CTC 317 (FCTD)
The V-Day value of a property was determined by discounting backwards from the date it was sold (in 1973) in an arm's length sale. For these...
Bridges Brothers Ltd. v. The Queen, 89 DTC 5255, [1989] 1 CTC 445 (FCTD)
The V-Day value of 2,422 acres of forest land, which was close to a site where mining exploration activity had taken place since 1954, was...
Deconinck v. The Queen, 88 DTC 6410, [1988] 2 CTC 213 (FCTD)
The V-Day value of a property was found to be $350,000 notwithstanding its purchase by the taxpayer on June 18, 1971 for $176,000 in light of...
Haslam v. The Queen, 88 DTC 6081, [1988] 1 CTC 153 (FCTD)
The V-Day value of a parcel of land was determined in accordance with the cost of development method, whose use was found to be appropriate where...
Doral Holdings Ltd. v. The Queen, 87 DTC 5258, [1987] 1 CTC 398 (FCTD)
Between September 1970 and March 1971 the taxpayer entered into a number of agreements to purchase about 70 acres of land near Welland and closed...
Kelly v. Kelly (1986), 2 R.F.L. (2d) 1 (Ont HC)
In determining the husband's net family property for purposes of the Family Act (Ontario), potential tax on capital gains and recapture of...
Re Restfulcare Inc. (1986), 53 OR (2d) 673 (C.A.)
In arriving at the market value for Assessment Act purposes of lands used as a nursing home, the value of a licence issued pursuant to the Nursing...
Dominion Metal & Refining Works Ltd. v. The Queen, 86 DTC 6311, [1986] 2 CTC 47 (FCTD)
In 1976 an adjoining land owner ("Ogilvie") in need of expanding its facilities paid what was apparently a substantial premium over their open...
Henderson v. Executors of Karmel, [1984] BTC 330 (HC)
In determining the open market value of the assets of an estate, the assets must be considered as they were when the deceased died. Land which was...
Salt v. The Queen, 84 DTC 6395, [1984] CTC 414 (FCTD)
Four months prior to V-Day the taxpayer was granted an option to acquire land from an arm's length party for $40,000, and five months after V-Day...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | 112 | |
| Tax Topics - Income Tax Act - Section 49 - Subsection 49(3) | 101 | |
| Tax Topics - Income Tax Act - Section 68 | 55 |
Saskin v. The Queen, 84 DTC 6411, [1984] CTC 463 (FCTD)
The V-Day value of a property was determined by assuming that its value steadily increased from the dates of its acquisition to disposition in...
Kusch v. The Queen, 84 DTC 6117, [1984] CTC 108 (FCTD)
"It is well settled that the one essential criterion for utilizing comparable sales as indicators of land value at a particular point in time is...
Bibby Estate v. The Queen, 83 DTC 5148, [1983] CTC 121 (FCTD)
In a determination of the V-Day value of real property, subsequent sales of similar properties close to the valuation date may be used, provided...
Smith v. The Queen, 83 DTC 5085, [1983] CTC 69 (FCTD)
The highest and best use for 173 acres of land located, on V-Day, 30 miles south of Hamilton and 18 miles from the nearest industrial (Stelco)...
Community Shopping Developments Ltd. v. The Queen, 83 DTC 5071, [1983] CTC 60 (FCTD)
Given that the "rented opinions" of the land appraisers used in this case were unreliable, the plaintiff's original method of calculating the...
Hunka v. The Queen, 83 DTC 5051, [1983] CTC 31 (FCTD)
The V-Day value of 147 acres of vacant land was set at $750 an acre which was based on a sale of 36 acres of adjoining land in 1965 for $500 an...
Elworthy v. The Queen, 82 DTC 6067, [1982] CTC 62 (FCTD)
The land residual technique was applied, in allocating a purchase price between building and bare land, where the best use for the land would have...
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| Tax Topics - Income Tax Act - Section 68 | 42 |
Neder v. The Queen, 82 DTC 6022, [1981] CTC 501 (FCA)
It was found that it could not be successfully argued that the Minister's expert land appraiser had failed to have regard to the surrounding...
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| Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(iii) | 100 |
Pappas Estate v. The Queen, 81 DTC 5178, [1981] CTC 266 (FCTD)
A building producing rental income was valued by averaging the results of a market value approach and an income approach. The market value...
Neder v. The Queen, 80 DTC 6348, [1980] CTC 511 (FCTD)
An unaccepted offer to purchase land is not evidence of the fair market value of that land if there is some question as to whether the offer...
The Queen v. Mitosinka, 78 DTC 6432, [1978] CTC 664 (FCTD)
The taxpayer sold his residence to a company in the restaurant business, which was only interested in the bare land. The superstructure...
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| Tax Topics - Income Tax Act - Section 54 - Principal Residence | 85 |
See Also
Godcharles v. Agence du revenu du Québec, 2021 QCCA 1843
At the time of the sale of a seniors’ residence to an arm’s-length purchaser, a group of unrelated individuals were the co-owners of the real...
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| Tax Topics - Income Tax Act - Section 68 - Paragraph 68(a) | s. 68 reallocated between a retirement home’s business operations sold by one vendor and the home sold by the other vendors | 424 |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) - Subparagraph 69(1)(b)(i) | s. 69 cannot reduce inflated proceeds to vendor | 435 |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | transaction was not at arm’s length given the dominant role of their architect | 413 |
Carvest Properties Limited v. The Queen, 2021 TCC 21, aff'd 2022 FCA 124
In order to reduce its municipal tax bill, a company in the business of renting self-constructed apartment buildings registered each of the 137...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(1) | condo registration of a rental apartment building meant that the rental units were HST self-supplied based on comparable condo sales | 406 |
| Tax Topics - General Concepts - Estoppel | CRA not estopped from applying a different valuation method from that used in previous audits | 268 |
Godcharles v. Agence du revenu du Québec, 2020 QCCQ 2219, aff'd 2021 QCCA 1843
Quenneville, J.C.Q largely confirmed the ARQ assessments respecting the allocation of the sale of a retirement home - by the individual owners of...
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| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | a sale of goodwill occurred between parties acting in concert given the role of a dominant player | 410 |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) | transaction between parties acting in concert required increased allocation to the real estate sold at shareholder level | 318 |
Singh v. The Queen, 2019 TCC 265
After finding that s. 160 applied on the basis that ½ of the beneficial ownership of the family had been transferred for nominal consideration to...
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| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | beneficial ownership in light of control, financing burden and title/cascading application available | 512 |
| Tax Topics - General Concepts - Ownership | markers of possession, use and risk applied in ascertaining beneficial ownership | 174 |
1542921 Alberta Ltd v Calgary (City), 2018 ABQB 607
The Composite Assessment Review Boards for Edmonton and Calgary erred when, in valuing commercial properties for municipal tax purposes using the...
Beaudet v. The Queen, 2014 TCC 52
The appellant ("Beaudet") was a partnership engaged in the construction of four adjoining apartment building, which it then rented out, resulting...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | FMV of newly-constructed building equal to direct and indirect costs and excluded developer's profit margin | 303 |
Henco Industries Limited v. The Queen, 2014 DTC 1161 [at at 3528], 2014 TCC 192
The taxpayer disposed of a property to a related company for $800,000. The taxpayer's appraiser had estimated the property's value to be $850,000,...
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| Tax Topics - General Concepts - Evidence | parol evidence rule not applying to surrounding evidence/press releases admitted | 239 |
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | compensation received in course of business but not in course of earning income | 192 |
| Tax Topics - Income Tax Act - Section 14 - Subsection 14(5) - Cumulative Eligible Capital | payment to withdraw from business was not an eligible capital amount | 146 |
| Tax Topics - Income Tax Act - Section 23 - Subsection 23(1) | land ceased to be inventory through sterilization rather than business cessation | 184 |
| Tax Topics - Income Tax Act - Section 3 | compensation payment for destroyed business was non-taxable | 171 |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | compensation payment for destroyed business was non-taxable | 171 |
Vine Estate v. The Queen, 2014 DTC 1088 [at at 3130], 2014 TCC 64
The fair market value of a Toronto apartment building was in issue because of its deemed disposition on the taxpayer's death. In rejecting the...
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| Tax Topics - General Concepts - Evidence | expert tainted by reading previous reports | 113 |
Desjardins v. The Queen, 2010 TCC 521 (Informal Procedure)
At issue was the fair market value of a newly-constructed 180-unit apartment building in in Sainte-Thérèse when the first tenant o=took...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | new apartment building valued at cost rather than lower income-based valuation | 214 |
Boulet v. The Queen, 2010 DTC 1015 [at at 2602], 2009 TCC 261
On September 18, 1998, the taxpayers both personally and on behalf of a land development corporation to be incorporated in the future (the...
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | benefit conferred when shareholder receives unconditional right thereto, rather than when such right subsequently exercised | 356 |
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | basement apartment was separate from principal residence | 63 |
Nauss v. The Queen, 2005 DTC 1370, 2005 TCC 488 (Informal Procedure)
In 1997 the taxpayer and his sister inherited from their grandmother a remainder interest in a house. with their 70-year old mother inheriting a...
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| Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) | 152 |
Morneau v. The Queen, 98 DTC 2199, [1999] 1 CTC 2686 (TCC)
The price received by the taxpayer for selling his principal residence to his corporation was found to not exceed the property's fair market value...
Administrative Policy
2021 Ruling 2020-0847671R3 F - Transfert d'un immeuble
A corporation which was intended to qualify as an NPO under s. 149(1)(l) owned an apartment building which it leased to tenants who also held all...
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | no s. 15(1) benefit on property transfer to shareholders for its nominal appraised FMV if indeed such FMV was suppressed by the low-rent long-term leases to the shareholders | 328 |
| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(l) | CBCA corporation which leased its property rent-free to its shareholders presented to CRA as an NPO | 215 |
25 March 2021 CBA Commodity Taxes Roundtable, Q.2
CRA seemed to confirm that where a builder appeals a CRA assessment made under ETA s. 191(3) that challenged the FMV used by the builder at the...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | second appraiser assigned on s. 191(3) appraisal appeal, who generally reviews original report | 325 |
27 February 2020 CBA Roundtable, Q.15
In the context of an inquiry on determining the fair market value of a new apartment building (or other ”MURC”) when there is a self-supply at...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | comparable sales of used MURCs for s. 191(3) purposes may reflect embedded GST/HST | 388 |
9 June 2011 Internal T.I. 2011-0395001I7 F - Co-propriété indivise d'un duplex
Mr. Y and Ms. X , who were the undivided co-owners of a duplex, with each occupying one of the two constituent housing units, disposed of the...
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| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (a) | 2 equal co-owners of duplex could each claim the principal residence exemption for “their” unit | 242 |
| Tax Topics - General Concepts - Ownership | co-ownership interest is in the whole but valuation of the part occupied should reflect rights of exclusive possession | 317 |
GST/HST Policy Statement P-165R Fair Market Value for Purposes of Part IX of the Excise Tax Act (Revised) March 1998
3 methods for determing FMV of newly-constructed real estate on self-supply on 1st rental
Briefly, there are three general methods or approaches...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | 74 |
24 March 1995 External T.I. 9501635 - PRINCIPAL RESIDENCE - LIFE ESTATE - BENEFICIAL OWNERSHIP
After noting that s. 43.1 did not apply because the transfer of a remainder interest by parents to their children occurred before 20 December...
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| Tax Topics - General Concepts - Ownership | 36 | |
| Tax Topics - Income Tax Act - Section 43.1 | 131 |
24 March 1992 T.I. 920203 (March 1993 Access Letter, p. 76, ¶C109-126)
The fair market value of a restrictive covenant registered against land might reasonably be valued by determining the difference between the value...
Articles
PWC, "Tax Insights: Canada Revenue Agency confirms that fair market value of newly constructed residential complexes includes GST/HST", Issue 2024-10, 22 March 2024
ETA s. 191(3) requires the builder of a multiple unit residential complex to self-assess itself for GST/HST on the fair market value of the...
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| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(3) | 356 |