Cases
Magren Holdings Ltd v. Canada, 2024 FCA 202
The taxpayers were private companies controlled by a resident individual (Grenon), whose RRSP (“RRSP Trust”) held 58% of the units of a...
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| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | it is an abuse of the capital gains system to recognize a capital gain increment to a CDA account when there was no net change in economic position | 566 |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit | avoidance of Pt. III tax liability was a tax benefit | 529 |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(2) | it is reasonable to assess a 60% tax under s. 245(2) if that was the quantum of tax whose avoidance represented the tax benefit | 212 |
| Tax Topics - General Concepts - Sham | finding of sham must consider what are in fact the real transactions | 50 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (e) | transfer of property by a trust is a disposition unless to an agent | 114 |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) | capital gain can be distributed on a redemption of units | 298 |
Emergis Inc. v. Canada, 2023 FCA 78
Emergis financed a U.S. acquisition through a tower structure under which:
- it made an interest-bearing loan to a subsidiary Canadian partnership...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(12) | US withholding tax imposed on interest paid by partnership in tower structure was not in respect of dividends paid by the underlying LLC | 515 |
Canada (National Revenue) v. Shaker, 2022 FC 407, 2022 FC 408
CRA obtained an interim order to charge the interest of Mr. Shaker, as one of the trustees of a trust (the “VSI Trust”) for a Toronto property...
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| Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Rules - Rule 458 - Subsection 458(1) - Paragraph 458(1)(a) - Subparagraph 458(1)(a)(i) | a trustee of a real estate trust does not hold any “interest in real property” that can be charged by CRA | 407 |
Canada v. Canada North Group Inc., 2021 SCC 30, [2021] 2 S.C.R. 571
The Crown challenged an order of the Alberta judge in CCAA proceedings regarding the Canada North group of companies that “priming charges”...
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| Tax Topics - Income Tax Act - Section 227 - Subsection 227(4.1) | a CCAA court can order a super-charge that has priority over the s. 227(4.1) deemed trust (which in fact does not create any Crown proprietary interest in the debtor’s assets) | 841 |
| Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions | detailed listing of items covered in the 2nd part of a means and includes definition had a limiting effect | 289 |
| Tax Topics - Statutory Interpretation - Interpretation Act - Section 8.1 | Parliament chose to dissociate itself from provincial law in its drafting of a provision | 229 |
Weaver v. Canada, 2008 DTC 6517, 2008 FCA 238
Before going on to find that testimony that the beneficial ownership of shares had been transferred in September rather than the later December...
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| Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Specified Investment Business | rent from trailer park now only income source | 181 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | previous active business not relevant | 97 |
| Tax Topics - General Concepts - Agency | business activeness can be attributable to an agent | 181 |
Degeer v. Canada, 2001 DTC 5385, 2001 FCA 152
By an unregistered deed the taxpayer purported to transfer a farm that previously had been acquired by him from his parents back to his parents...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 98 |
Pardee Equipment Ltd. v. R., 97 DTC 5279, [1997] 3 C.T.C. 451 (FCTD)
Although the form of the document governing the delivery of equipment to the taxpayer was that of consignment, Reed J. found that the proper legal...
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| Tax Topics - General Concepts - Substance | 68 |
The Queen v. Paxton, 97 DTC 5012 (FCA)
After the taxpayer entered into an agreement for the sale of shares then owned by him to an arm's-length purchaser ("Tandet"), he took advantage...
Greenway v. Canada, 96 DTC 6529 (FCA)
The taxpayer was one of a number of investors in a multiple unit residential building (MURB) project and deducted soft costs and legal fees in...
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| Tax Topics - General Concepts - Effective Date | 72 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | 72 |
Goldcorp Exchange Ltd & Ors v. Leggett & Ors, [1994] UKPC 3, [1995] 1 AC 74
At the time banks appointed receivers for a dealer in precious metals, the dealer had a stock of precious metal bullion that was substantially...
J. Sainsbury plc v. O'Connor, [1991] BTC 181 (C.A.)
Although the taxpayer had agreed in principle with a Belgian company ("GB") that the shares of a joint venture company being established by them...
Greenway v. The Queen, 91 DTC 5251, [1991] 1 CTC 445 (FCTD)
The taxpayer along with other investors did not acquire the beneficial ownership of a MURB at the time that a nominee corporation entered into an...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | 82 |
Philips Exports Ltd. v. Customs and Excise Commissioners, [1990] BTC 5082 (Q.B.D.)
In considering a marketing agreement which provided that property in goods which were manufactured by the Philips group of companies for export...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply | 81 |
1056 Enterprises Ltd. v. The Queen, 89 DTC 5287, [1989] 2 CTC 1 (FCTD)
The Minister assessed the taxpayer, whose shares were owned 99% by an individual ("John"), on the basis that John's brother ("William"), who was...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | honest and diligent view that no association | 146 |
| Tax Topics - Income Tax Act - Section 256 - Subsection 256(1) - Paragraph 256(1)(c) | 76 | |
| Tax Topics - Income Tax Act - Section 256 - Subsection 256(1) - Paragraph 256(1)(d) | 84 |
Alberta Oil Sands Pipeline Ltd. v. The Queen, 88 DTC 6059, [1988] 1 CTC 99 (FCTD)
The taxpayer was at all times the owner of linefill even though the initial linefill purchased by it had been displaced by the shippers' oil....
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | property consisted of shifting molecules | 94 |
| Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 2 | 15 | |
| Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 8 | 15 |
Irving Oil Ltd. v. The Queen, 88 DTC 6138, [1988] 1 CTC 263 (FCTD), aff'd 91 DTC 5106 (FCA)
Although ownership of oil was found to shift, at the ship's permanent home connections at the loading port, almost simultaneously from the...
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| Tax Topics - General Concepts - Stare Decisis | 32 | |
| Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) | 27 | |
| Tax Topics - Income Tax Act - Section 245 - Old | 141 | |
| Tax Topics - Income Tax Act - Section 67 | expense fell within reasonable range | 156 |
Ward v. The Queen, 88 DTC 6212, [1988] 1 CTC 336 (FCTD)
The taxpayers (doctors) were held to be the owners for tax purposes of land notwithstanding that title was held by other persons styled as...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(2) | 51 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | adventure is not the carrying on of a business | 46 |
| Tax Topics - Income Tax Act - Section 79 | 34 | |
| Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(g) | 34 |
Seven Mile Dam Contractors v. The Queen in Right of British Columbia (1980), 116 DLR (3d) 398, 1980 CanLII 451 (BCCA)
A partnership ("P1") sold equipment to another partnership ("P2"). The two partners of P1 had partnership interests totalling 50% in P2. Before...
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| Tax Topics - Other Legislation/Constitution - British Columbia - Provincial Sales Tax Act - Section 1 - Purchaser | 78 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Person | 40 | |
| Tax Topics - Income Tax Act - Section 85 - Subsection 85(1.1) | partner has a proportionate interest in the partnership property | 100 |
| Tax Topics - Statutory Interpretation - Prior Cases | 77 | |
| Tax Topics - Statutory Interpretation - Provincial Law | 60 |
Rodwell Securities Ltd. v. IRC, [1968] 1 All E.R. 257 (Ch D)
In dealing with the question whether a wholly-owned subsidiary (Securities) of a wholly-owned subsidiary (Group) of a parent company (London) was...
Vineland Quarries and Crushed Stone Ltd. v. MNR, 66 DTC 5092, [1966] CTC 69 (Ex Ct), briefly aff'd 67 DTC 5283 (SCC)
"I readily accept the undisputed proposition that no shareholder, even though he holds all the shares in a corporation, has any property, legal...
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| Tax Topics - Income Tax Act - Section 256 - Subsection 256(1) - Paragraph 256(1)(b) | 85 |
Army & Navy Department Stores Ltd. v. Minister of National Revenue, 53 DTC 1185, [1953] CTC 293, [1953] 2 S.C.R. 496
Whether a corporation (the Western Company) was related to its two equal corporate shareholders (the Alberta Company and the Saskatchewan Company)...
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| Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(c) - Subparagraph 251(2)(c)(i) | shareholders do not indirectly own any of the corporation’s property | 299 |
| Tax Topics - Statutory Interpretation - Expressio Unius est Exclusio Alterius | reference to person implied exclusion of persons | 129 |
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 33(2) | 129 |
Bank Voor Handel En Scheepvaart v. Slatford, [1951] 2 All E.R. 779
Devlin J. affirmed the principle that the assets of a company are not the assets of a shareholder and accepted as correct a statement by the...
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| Tax Topics - General Concepts - Personality | 116 |
See Also
Hargreaves Property Holdings Ltd v Revenue And Customs, [2024] EWCA Civ 365
Whether the UK taxpayer (“Hargreaves”) was liable for failure to withhold UK tax on interest paid by it to a non-arm’s length UK company...
9154-6093 Québec Inc. v. Agence du revenu du Québec, 2023 QCCQ 10241
The ARQ assessed the appellant (9154-6093) for its failure to collect and remit QST on its transfer of a condo unit (Unit 54) to its shareholders...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply | the ARQ contravened its role by assessing a taxpayer for QST on a property transfer while continuing to collect QST as if the taxpayer was still owner | 198 |
Chan v. The Queen, 2022 TCC 87 (Informal Procedure)
The taxpayer was assessed penalties for failure to file T1135 forms regarding a bank account with the Bank of China (BofC), which he had assisted...
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| Tax Topics - Income Tax Act - Section 162 - Subsection 162(7) | due diligence defence where taxpayer reasonably believed that he was not the beneficial owner of a Bank account in China | 305 |
| Tax Topics - Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Foreign Property - Paragraph (a) | due diligence defence where taxpayer reasonably believed that he was not the beneficial owner of a Bank account in China | 226 |
Magren Holdings Ltd. v. The Queen, 2021 TCC 42, aff'd on other grounds 2024 FCA 202
The appellants, were private companies controlled by a resident individual (Grenon), whose RRSP held 58% of the units of a publicly traded income...
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| Tax Topics - Income Tax Act - Section 185 - Subsection 185(3) | Part III tax assessments of distributions of gains that were denied outside the Part I tax normal reassessment period were not statute-barred | 314 |
| Tax Topics - Income Tax Act - Section 185 - Subsection 185(1) | no requirement to issue separate assessment for each election, and no remedy for inordinate time to issue assessments | 396 |
| Tax Topics - General Concepts - Sham | transactions did not result in real capital losses | 306 |
| Tax Topics - Income Tax Act - Section 184 - Subsection 184(3) | election was not available where a CDA sham | 365 |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | no CDA addition where capital gains were not real | 373 |
Higgins v Revenue and Customs, [2019] EWCA Civ 1860
In October 2006, Mr Higgins entered into a contract, for a purchase price was £575,000, to take a 125-year lease of an apartment in a project...
Singh v. The Queen, 2019 TCC 265
Before finding that there had been a transfer to the taxpayer of ½ of the beneficial ownership of the family home for s. 160 purposes from her...
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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 - Fair Market Value - Land | FMV of home potentially reduced by spouse continuing to live there | 74 |
Universo Home Construction Ltd. v. The Queen, 2019 TCC 87 (Informal Procedure)
CRA denied the ability of a home builder (“Universo Home”) to claim a new home rebate purportedly assigned to it pursuant to ETA s. 254(4) on...
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| Tax Topics - Excise Tax Act - Section 254 - Subsection 254(4) | backdated declaration of trust did not preclude a finding that a company was the beneficial owner of a new home construction | 438 |
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Builder - Paragraph (a) | construction company qualified as beneficial owner based on bearing costs and late-executed declaration of trust, and might also qualify based on builders’ liens | 234 |
Ellison v Sandini Pty Ltd, [2018] FCAFC 44
On September 21, 2010 the Australian Family Court made orders by consent between Mr and Ms Ellison that joined Sandini Pty Ltd (“Sandini”) as...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | family court order did not effect a change in beneficial ownership of a larger bloc of shares held by the original owner (and in any event, the order named the wrong person) | 768 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(1) - Paragraph 73(1)(b) | subjective belief of parties that family court orders were efficacious did establish that a share transfer to a spouse occurred “because of” them | 419 |
| Tax Topics - General Concepts - Evidence | a court order could not be interpreted in light of extrinsic evidence | 102 |
Gillen v. The Queen, 2017 TCC 163, aff'd 2019 FCA 62
A limited partnership was found to have immediately transferred the beneficial ownership of applications to the Saskatchewan government for potash...
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| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(14) - Paragraph 110.6(14)(f) - Subparagraph 110.6(14)(f)(ii) | property was not used in a business for s. 110.6(14)(f)(ii) purposes when it was beneficially acquired and dropped-down on the same day | 364 |
| Tax Topics - General Concepts - Effective Date | relation-back theory applied: closing retroactively confirmed previous beneficial ownership transfer | 255 |
Mady v. The Queen, 2017 TCC 112
The taxpayer, who owned all the shares of his dental corporation (“MDPC”), agreed to sell all the MDPC shares to third-party purchaser and its...
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| Tax Topics - Income Tax Act - Section 74.5 - Subsection 74.5(11) | transfer from wife to higher-income husband was infused with his income-splitting purpose (as well as regulatory breach if she didn’t transfer) | 393 |
| Tax Topics - Income Tax Act - Section 86 - Subsection 86(2) | family members did not acquire beneficial interest in new shares until after completion of s. 86 reorg | 297 |
| Tax Topics - General Concepts - Fair Market Value - Shares | arm’s length sales price established FMV for closing-date internal transfer of same shares | 482 |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) - Subparagraph 69(1)(b)(i) | contemporaneous arm’s length sale price established that shares previously transferred at undervalue | 478 |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | was not responsible under s. 163(2) for the unbeknownst sharp practice of his tax advisor | 692 |
| Tax Topics - General Concepts - Price Adjustment Clause | no jurisdiction to comment on application of price adjustment clause where the affected taxpayers are not appellants | 233 |
Club Intrawest v. The Queen, 2016 TCC 149, varied 2017 FCA 151
A Canadian Intrawest corporation (the “Canadian Developer” and “U.S. Developer, respectively”) transferred individual resort condos (the...
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| Tax Topics - General Concepts - Agency | annual fees charged by non-share corporation to its members were not reimbursements for expenses incurred by it as their agent | 377 |
| Tax Topics - Excise Tax Act - Section 142 - Subsection 142(1) - Paragraph 142(1)(d) | s. 142(1)(d) only applies to a supply exclusively re real property | 632 |
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Service | payment of condo operating expenses was a service | 211 |
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply | single supply of covering all time share operating costs | 172 |
| Tax Topics - Excise Tax Act - Section 168 - Subsection 168(1) | GST collectible based on invoicing times | 79 |
| Tax Topics - Excise Tax Act - Section 306.1 - Subsection 306.1(1) | objecting to quantum was sufficient particularity | 177 |
| Tax Topics - General Concepts - Evidence | foreign law assumed the same | 101 |
Hudson’s Bay Company v. OMERS Realty Corporation , 2016 ONCA 113
Before finding that the assignment of leases by a tenant (HBC) to a limited partnership of which a subsidiary was a general partner, but in which...
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| Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(o.2) - Subparagraph 149(1)(o.2)(iii) - Clause 149(1)(o.2)(iii)(B) | the actions of a general partner in contracting on behalf of a limited partnership are its actions rather than those of the limited partners | 317 |
Bueti v. The Queen, 2015 DTC 1213 [at at 1374], 2015 TCC 265
Before concluding that a residuary beneficiary in an estate had acquired a property by purchase rather than devise, Owen J observed that, under...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(a) | residuary beneficiary did not acquire as a consequence of death | 135 |
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) | residuary beneficiary did not acquire as a consequence of death | 250 |
Mariano v. The Queen, 2015 DTC 1209 [at at 1331], 2015 TCC 244
Pizzitelli J found that purported gifts by the taxpayers were not effective to transfer property in the gifted licences as such licences had not...
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| Tax Topics - General Concepts - Fair Market Value - Other | courseware licences valued at modest initial cost, given relevant wholesale market and depressive effect of huge volumes purchased | 303 |
| Tax Topics - General Concepts - Sham | taxpayer involvement in deceit unnecessary | 375 |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) | void for lack of certainty of objects | 224 |
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) | delegation of power of appointment to promoter not authorized | 238 |
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts | no gift where no intent for impoverishment and where gifted property not yet identified | 566 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(35) | attempted use of initial gift to step-up ACB under s. 69(1)(c) | 262 |
568864 B.C. Ltd. v. The Queen, 2014 TCC 373
The taxpayer - which was a member of group of companies that included a producer of exterior trim boards for construction ("W.L.") – earned...
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| Tax Topics - Income Tax Act - Section 79.1 - Subsection 79.1(2) | beneficial ownership in patents | 434 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | patents were acquired for future joint venture use | 202 |
Olympia Trust Company v. The Queen, 2014 TCC 372, aff'd 2015 DTC 5134 [at 6411], 2015 FCA 279
The Minister assessed the appellant trust company under s. 116(5) for its failure to withhold from the purchase price paid by self-directed RRSP...
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| Tax Topics - Income Tax Act - Section 116 - Subsection 116(5) | RRSP trustee, not annuitant, was the "purchaser" | 160 |
Strachan v. The Queen, 2014 DTC 1025 [at at 2645], 2013 TCC 362
In finding that the taxpayer's husband was the beneficial owner of two shares initially issued by a corporation, Rip CJ stated (at para. 23):
Mr....
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| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | shares issued from spouse's private corporation | 135 |
Fourney v. The Queen, 2012 DTC 1019 [at at 2575], 2011 TCC 520
Seeking to protect herself from being sued by her brother, the taxpayer transferred title to all her real properties for no consideration to...
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| Tax Topics - General Concepts - Agency | 191 | |
| Tax Topics - General Concepts - Corporate/Separate Personality | 257 | |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) | bare trust arising on creditor-proofing transfer | 257 |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | line codes in electronic filings were incomprehensible to taxpayer | 300 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | rebuttable presumption of resulting trust on transfer for no consideration | 257 |
Leclair v. The Queen, 2011 DTC 1328 [at at 1859], 2011 TCC 323
The taxpayer's father transferred real property to her in June 2006 without her knowledge. She discovered the transfer in December 2008 and...
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| Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) | 127 |
Alberta Power (2000) Ltd. v. The Queen, 2009 DTC 1514, 2009 TCC 412
Although the taxpayer ("ATCO") continued to be the legal owner of a plant, the effect of the agreements between it and the Alberta government were...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | definition of "reimbursement;" exclusion for legal obligation from legitimate negotiations | 220 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | 56 | |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | amount was received in respect of impaired capital asset (which then was transferred to payor) rather than for lost profits | 111 |
Andrews v. The Queen, 2007 DTC 901, 2007 TCC 312 (Informal Procedure)
The position of the Minister was that a vehicle had been acquired by the taxpayer's mother and not by the taxpayer, so that the taxpayer was not...
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | taxpayer acquired beneficial ownership | 89 |
Terminal Norco Inc. v. The Queen, 2006 DTC 2897, 2006 TCC 139
In order to avoid Quebec mutation tax, the taxpayer transferred the assets of a business division to a newly-incorporated wholly owned subsidiary...
Williams v. The Queen, 2005 DTC 1228, 2005 TCC 558
The taxpayer was found to continue to be the beneficial owner of shares that he transferred to a protective trust of which he was the sole...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | beneficial owner of shares held in a trust | 141 |
CIR v. Scottish Provident Institution, [2004] UKHL 52
The Special Commissioners concluded that under an arrangement whereby the respondent ("SPI") granted an option to Citibank International PLC...
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| Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) | 161 |
Metropolitan Toronto Police Widows and Orphans Fund v. Telus Communications Inc., [2003] OJ No 128, 30 BLR (3d) 288, 2003 CanLII 25909 (ON SC)
A predecessor of the defendant (“BC Tel”) raised $150 million by transferring receivables to a securitization trust (“RAC”) in...
Smedley v. The Queen, 2003 DTC 501
O'Connor T.C.J. accepted (at para. 10) the submissions of the Minister that under a contract between the taxpayers and a local mill ("Evans") for...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | no disposition until possession, use and risk passed | 116 |
Fredette v. The Queen, 2001 DTC 621 (TCC)
A partnership was entitled to claim capital cost allowance in respect of a rental property notwithstanding that the transfer to it of the property...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | 91 | |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | s. 245(4) did not apply to abuse of a Regulation - and not abusive to borrow at partner/shareholder level | 402 |
Kucor Construction & Developments & Associates v. Canada Life Assurance Co. (1998), 41 OR (3d) 577 (Ont. C.A.)
After finding that the corporate general partner of an Ontario limited partnership, which held title to real estate on behalf of the partnership,...
Collins v. The Queen, 96 DTC 1034 (TCC)
Bowman TCJ. stated (at p. 1037) that he agreed with the proposition that "ownership for purposes of the Income Tax Act means beneficial ownership."
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| Tax Topics - General Concepts - Substance | 108 | |
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) | 86 |
IRC v. Gray, [1994] BTC 8034 (CA)
Lady Fox at the time of her death was the freehold owner of a 3,000 acre estate which was let to a farming partnership in which she had a 92.5%...
Low v. The Queen, 93 DTC 927, [1993] 2 CTC 2227 (TCC)
The taxpayer failed to establish that a Liechtenstein "establishment" held a Toronto condominium as bare trustee for the taxpayer in light inter...
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| Tax Topics - Income Tax Act - Section 54 - Principal Residence | 37 |
Re Lehndorff General Partner Ltd. (1993), 9 BLR (2d) 275, 17 C.B.R. (3d) 24, [1993] O.J. No. 14 ( Ont. Gen. Div.)
Before finding that an order as to a stay of proceedings pursuant to s. 11 of the Companies' Creditors Arrangement Act (Ontario) could extend to...
Tétrault v. MNR, 92 DTC 2240, [1992] 2 CTC 2787, [1992] 2 CTC 2125, [1992] DTC 2235 (TCC)
It was found that by an agreement dated January 16, 1985, the taxpayer had disposed of his shares of a corporation to a shareholder. Accordingly,...
Tri-Star Leasing (London) Inc. v. MNR, 92 DTC 1786, [1992] 2 CTC 2099 (TCC)
Before finding that leases of equipment made by the taxpayer should be characterized as such rather than as conditional sales agreements, as...
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Proceeds of Disposition | 138 |
Location Gaétan Lévesque Inc. v. MNR, 91 DTC 1380, [1991] 2 CTC 2795 (TCC)
The taxpayer, which leased heavy machinery under five-year leases which provided that the taxpayer could exercise an option to purchase the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | 196 |
Fortin & Moreau Inc. v. The Queen, 90 DTC 1450, [1990] 1 CTC 2583 (TCC)
The Quebec taxpayer was found to have "acquired" trucks pursuant to leases given that it had possession and use of the trucks, it had assumed all...
Disher-Winslow Products Ltd. v. MNR, 52 DTC 27 (TAB)
An individual (Edward) was the holder and beneficial owner of substantially all the shares of the taxpayer and his father (Clarence) was the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 256 - Subsection 256(1) - Paragraph 256(1)(c) | 174 |
Administrative Policy
9 July 2024 Internal T.I. 2023-0976691I7 - Film Tax Credit and Alter Ego Trust
In order for a fee paid to a corporation for the executive producer servicers of an individual employed by the corporation to qualify for the B.C....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125.4 - Subsection 125.4(1) - Labour Expenditure - Paragraph (b) - Subparagraph (b)(iii) | shares of sole-shareholder corporation “belonged” to the individual who was the trustee and life beneficiary of the alter ego trust holding those shares, rather than to the trust | 270 |
3 November 2023 APFF Financial Strategies and Instruments Roundtable Q. 3, 2023-0976921C6 F - CELIAPP - Acquisition d'une quote-part d'une habitation admissible / FHSA - Acquisition of a share of a qualifying home
Various conditions in the “qualifying withdrawal” definition in the FHSA rules refer to acquiring a qualifying home. CRA found that this...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146.6 - Subsection 146.6(1) - Qualifying Withdrawal | a qualifying withdrawal from an FHSA can fund the purchase of a co-ownership interest in a qualifying home | 226 |
2 November 2023 APFF Roundtable Q. 10, 2023-0993641C6 - APFF - Congrès 2023 Q.10 disposition de cryptomonnaie
In return for depositing the taxpayer’s bitcoins with a centralized bitcoin exchange and lending platform, the platform provides a variable...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | there likely was a disposition of bitcoin on its transfer to a bitcoin platform | 186 |
23 March 2023 GST/HST Ruling 244917 - GST/HST implications of constructing a laneway house
Two individuals (the “Owners”) acquired a residential property as joint tenants and contracted for a laneway house to be constructed on the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(1) | joint tenants of a newly-constructed residence are each responsible for the GST/HST on 100% of the property’s FMV | 488 |
| Tax Topics - Excise Tax Act - Section 273 - Subsection 273(1) | development and property management agreement did not give rise to a JV | 116 |
| Tax Topics - Excise Tax Act - Section 222 - Subsection 222(1) | deemed trust applied to each joint tenant regarding the full amount of self-supply tax under s. 191(1) on the whole property | 259 |
15 November 2022 GST/HST Ruling 231643 - Partnership eligibility to claim input tax credits on the construction of houses for sale
Three individuals acquired a lot, engaged a contractor to demolish the existing house, subdivided the lot into two, and engaged another contractor...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 257 - Subsection 257(1) | individuals might recover ITCs for construction work performed prior to the formation of their partnership by claiming a s. 257 rebate on the partnership formation | 247 |
18 May 2022 Internal T.I. 2018-0788761I7 F - Amortissement – Travaux sur un bien loué et F&T
Before quoting from Mount Robson in this regard, the Directorate indicated that:
Generally, the owner of a building owns everything that is joined...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(5) - Paragraph 1102(5)(a) - Subparagraph 1102(5)(a)(iii) | rendering of an empty shell suitable for manufacturing constituted substantially changing its nature | 288 |
| Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 8 - Paragraph 8(b) | property does not satisfy the “solely” test in Class 8(b) where it was necessary for the proper functioning of the building | 265 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | cost of installing property part of that property’s cost | 357 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(4) | to be improvements or alterations to leasehold interest, property acquisitions must be assimilated to landlord’s property | 225 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(5) | building shell was a building or structure/ addition refers to extension of structure | 294 |
18 July 2022 External T.I. 2021-0887121E5 - Feeder Cattle Loan Guarantee Program
As an economic matter, members of a feeder cattle finance cooperative established under the Co-operative Corporations Act used money borrowed on...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Inventory | members of co-op were likely the beneficial owners of cattle purchased with co-op financing notwithstanding that the documents accorded legal and beneficial ownership to the co-op | 442 |
9 May 2022 Internal T.I. 2018-0790251I7 - 45(2) election and beneficial ownership
S. 45(2) permits a taxpayer to elect to avoid a deemed disposition from a conversion of “property of the taxpayer” from personal to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) | spouse could be a beneficial co-owner of the converted home (even though her husband funded its purchase) so that both must elect | 294 |
9 April 2020 External T.I. 2014-0527261E5 F - Beneficial ownership discretionary power of trustees
One of the conditions for the s. 107.4 rollover to apply to a disposition of capital property by an individual to a trust is that the disposition...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) | discretion of trustees to retain capital or income rather than distribute to the sole current beneficiary does not preclude the latter being the beneficial owner | 277 |
| Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(i) | discretion of trustees to retain capital or income rather than distribute to the sole current beneficiary precluded s. 73(1.01)(c)(ii) application and satisfied s. 107/4(1)(i) | 291 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(1.01) - Paragraph 73(1.01)(c) - Subparagraph 73(1.01)(c)(ii) | "right to receive" all the income not satisfied where trustees' discretion to accumulate income | 233 |
21 June 2017 External T.I. 2017-0687961E5 - Principal residence exemption and farm property
An individual owning a parcel of farming land that cannot be legally severed would like to transfer the farming portion of the property to a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | a non-severable parcel of farming land could not have two beneficial owners of the principal residence and farming portions thereof | 164 |
9 December 2016 External T.I. 2016-0639481E5 - Specified foreign property-jointly held property
Does a taxpayer with a joint interest in specified foreign property but who did not contribute to its acquisition, e.g., a child who was added as...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 233.3 - Subsection 233.3(1) - Specified Foreign Property | co-owners of specified foreign property have T1135 reporting obligations even if they did not contribute to its acquisition | 267 |
7 October 2016 APFF Roundtable Q. 10, 2016-0652931C6 F - Bien agricole admissible-saisine par succession
One of the tests for a property to qualify as a qualified farm or fishing property of an individual is that for the previous 24 months it was...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1.3) - Paragraph 110.6(1.3)(a) - Subparagraph 110.6(1.3)(a)(i) | 3 owners if farm passes from father to estate to son | 125 |
5 November 2014 External T.I. 2014-0521891E5 F - Résidence principale et copropriété
Two common-law spouses ("A" and "B") purchased a condominium as their principal residence (the "Residence"), with their names initially registered...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(4) | overview of s. 40(4) rule | 158 |
22 May 2014 External T.I. 2014-0519811E5 F - Droit d'usage au Québec pré-1991
Before going on to find that the usufructuary of duplex unit (acquired before 1991) was entitled to claim the principal residence exemption on a...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | usufructuary of duplex unit (with her right acquired pre-1991) entitled to claim principal residence exemption on post-1991 disposition | 167 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) | effective grandfathering of right as usufructuary which arose before 1991 | 165 |
20 May 2014 External T.I. 2014-0517331E5 F - CII - exploitation agricole
Two taxpayers, dealing at arm's length and carrying on an unincorporated farming business, purchased farm equipment in a qualifying region for use...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 127 - Subsection 127(9) - Qualified Property - Paragraph (c) | test is of intention on acquisition to use over 50%, during months of likely use during the equipment’s lifetime, on farm in the region | 222 |
| Tax Topics - Income Tax Act - Section 127 - Subsection 127(27) | no ITC reversal if unanticipated transfer of equipment to a farm outside the region | 172 |
22 July 2013 GST/HST Interpretation 145125 - Condominium units and the exclusions to the definition of residential complex
The determination of whether real property is beneficially owned by a partnership or by one or more of its partners is made by reference inter...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Residential Complex | hotel status evaluated on a unit by unit basis | 115 |
22 November 2013 External T.I. 2013-0511771E5 - Beneficial Ownership - Disposition
As the taxpayer's daughter did not qualify for a mortgage at the time of her purchase of her home, the bank required legal title to be placed in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) | mother as nominee for daughter's house | 94 |
12 April 2010 External T.I. 2009-0327161E5 F - Revenu de location
A taxpayer acquired a property jointly with her stepfather and mother, who appeared on the notarized contract for mortgage financing purposes....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 3 | notwithstanding Guide T4036, rental property can be rented at an arm’s length rent to related persons to generate losses if there is a source of income | 123 |
S1-F3-C2 - Principal Residence
Meaning of beneficial ownership
2.80 ...The term beneficial ownership is used to describe the type of ownership of a person who is entitled to the...
30 March 2012 Internal T.I. 2011-0408311I7 F - Résidence principale
Mrs. X used the shares of the inheritance of her and her two minor sons (Son A and Son B) to fund the purchase of a condominium unit that served...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (a) | must be described combination of ownership and ordinary habitation | 247 |
23 January 2012 External T.I. 2011-0409671E5 F - Propriété superficiaire
Corporation A erected, at its expense and for exclusive use in its transport business, a detached garage on the land on which the principal...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (e) | land leased to corporation for business use not part of principal residence | 160 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | benefit if building constructed at corporation’s expense for business purposes becomes shareholder’s property by accession | 154 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | individual shareholder not entitled to claim CCA on building constructed by the corporation for use in its business even where taxpayer owns it | 160 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | building erected by corporation on shareholder’s land not depreciable property unless shareholder renounces right of accession | 223 |
6 December 2011 TEI Roundtable, 2011-0427101C6 - Seizure of Property
When asked to comment on the requirement in s. 79.1(2)(a) that a creditor have acquired "beneficial ownership" of property, CRA quoted the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 79.1 - Subsection 79.1(2) | 148 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| 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 - Fair Market Value - Land | although each 50% co-owner of a duplex has an undivided interest in the whole dwelling, the FMV of her interest relates exclusively to the housing unit occupied by her | 190 |
3 May 2010 External T.I. 2010-0358881E5 F - CIRD - construction d'un logement
Whether property used in renovation work on a home that was being constructed turned on whether the individual was the owner of this housing unit...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.04 - Subsection 118.04(1) - Eligible Dwelling - Paragraph (a) | qualifying expenditure for property acquired before completion of home’s construction but applied to renovation work after individual moved in | 268 |
16 February 2010 External T.I. 2010-0354801E5 F - CIRD - construction d'un logement
In the context of a general inquiry on the home renovation tax credit, CRA stated:
In the situation where an individual builds the individual’s...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.04 - Subsection 118.04(1) - Qualifying Renovation | credit dependent on timing of renovation expenditures and when moved into home | 117 |
8 January 2010 External T.I. 2009-0344061E5 F - Crédit d'impôt pour la rénovation domiciliaire
CRA implicitly treated a partner as an “owner” of a residence included in partnership property for home renovation tax credit (and, per the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | partner can claim principal residence exemption | 71 |
| Tax Topics - Income Tax Act - Section 118.04 - Subsection 118.04(1) - Eligible Dwelling - Paragraph (a) | residence of a partnership, but not a corporation, can be an eligible dwelling | 56 |
8 December 2009 External T.I. 2009-0314161E5 F - Transfert d'un intérêt - résidence principale
Regarding a situation where the taxpayer was registered as a co-owner of a property with his son due to lender requirements and subsequently...
16 May 2005 Internal T.I. 2005-0119061I7 F - Montant d'aide-actions
Prod Co, a wholly owned subsidiary of M Co and a "qualified corporation," produces a Canadian film or video production ("CFVP") at a cost of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) - Subpargraph 12(1)(x)(viii) | funding of film production company by shares rather than loan would not give rise to assistance | 181 |
| Tax Topics - Income Tax Act - Section 125.4 - Subsection 125.4(1) - Assistance - Paragraph (a) | conversion of loan that was taxable assistance into shares is not itself assistance] | 192 |
| Tax Topics - Income Tax Act - Section 80 - Subsection 80(1) - Excluded Obligation - Paragraph (a) | conversion of loan that was taxable assistance under s. 12(1)(x) into shares with lower FMV would not give rise to forgiven amount | 304 |
| Tax Topics - Income Tax Regulations - Regulation 1106 - Subsection 1106(1) - Excluded Production - Paragraph (a) - Subparagraph (a)(iii) | transfer of all the revenues to a film implies a transfer of its copyright | 191 |
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(c) | subscription for shares of sub at overvalue constitutes a contribution of capital, generating a s. 53(1)(c) basis bump | 80 |
15 December 2003 External T.I. 2003-0182855 - Fiducie pour Loi au Quebec
Regarding the satisfaction by an individual that a transfer of property to a self-benefit trust established under Quebec law for that individual...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) - Paragraph 248(3)(e) | meaning of “a right as a beneficiary in a trust” is found in s. 248(25) | 184 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(1.02) - Paragraph 73(1.02)(b) - Subparagraph 73(1.02)(b)(ii) | no change in beneficial ownership on transfer of property to self-benefit Quebec trust | 171 |
| Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) | policy is for s. 75(2) application not to result in double taxation | 118 |
8 November 2000 Internal T.I. 2000-0025167 F - RECONNAISSANCE DU REVENU D'INTERET
Where the professional liability insurer paying an assessment became subrogated by agreement to the taxpayer’s rights against the CRA, the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | interest paid to the taxpayer on cancelling an assessment was income to the subrogated insurer | 81 |
September 1999 Gift Planning Symposium Round Table, Q. 2, No. 2000-M020417
Before disagreeing with the proposition that when a settlor transfers appreciated property to a trust and the settlor is the income beneficiary,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 103 |
16 April 1997 Internal T.I. 9705717 - BENEFICIAL OWNER OF PROPERTY
Discussion of criteria for determining whether a corporation is the beneficial owner of property or holds the property as an agent for its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Agency | 23 |
P-015 "Treatment of Bare Trusts under the Excise Tax Act".
24 March 1995 External T.I. 9501635 - PRINCIPAL RESIDENCE - LIFE ESTATE - BENEFICIAL OWNERSHIP
RC was not able to give a definitive response on whether parents who retained a life interest in a home they had gifted to their children could be...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Land | 131 | |
| Tax Topics - Income Tax Act - Section 43.1 | 131 |
30 March 1993 Income Tax Severed Letter 9329425 - Bene Ownership of P/R Separate from Ownership of Farm
In finding that an individual holding farm land would not be able to transfer ownership of the entire property other than beneficial ownership of...
1993 Internal T.I. 9325537 F - Election Under Sub
Discussion of when shares are capital property of the estate as opposed to the beneficiaries, including a finding that a flow-through of dividends...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) | 39 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 93 |
Rulings Directorate Discussion and Position in Motion Picture Films and Video Tapes as Tax Shelters, Version 29/3/93 930501 (C.T.O. "Motion Picture Films - C.C.A.")
Given the lack of success of the Crown in Mandel, 76 DTC 6316 and in CFTO, 82 DTC 6139, RC generally will accept that most film shelters entail...
16 September 1992 T.I. (Tax Window, No. 24, p. 14, ¶2193)
Because the intention of the NRO legislation is not to provide Canadian investors with another vehicle for their investment portfolio, RC will...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 133 - Subsection 133(8) - Non-Resident-Owned Investment Corporation | 73 |
IT-441 dated November 29, 1979 "Capital Cost Allowance - Certified Feature Productions and Certified Short Productions"
Discussion of the requirements for a taxpayer to be considered to be the owner of a film.
IT-437R "Ownership of Dwelling Property"
IT-128R "Capital Cost Allowance - Depreciable Property"
CCA may only be claimed where the taxpayer owns or has a leasehold interest in the property.
91 C.R. - Q.7
A beneficiary does not own the shares of a corporation owned by the trust.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 191 - Subsection 191(2) | 21 |
27 February 1991 T.I. (Tax Window, Prelim. No. 3, p. 29, ¶1130)
Until RC completes its study on the point, a settlor who transfers property to a bare trustee will be treated as the owner of the property in...
IT-170R "Sale of Property - When Included in Income Computation"
Discussion of the attributes of beneficial ownership in para. 8 and 17 and statement at para. 4 that a disposition or sale references a change in...
Articles
David H. Sohmer, "The Securities Transfer Act and the Income Tax Act: Who Owns Publicly Traded Securities?", Tax Topics (Wolters Kluwer), No. 2556, 2 March 2021, p. 1
UCC antecedent of STAs
- In 1994, Article 8 of the US Uniform Commercial Code was revised to provide a security entitlement system for the indirect...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 276 |
Tina Korovilas, Drew Morier, "Non-Corporate Vehicles in the Foreign Affiliate Context", 2018 Conference Report (Canadian Tax Foundation), 20:1 – 114
Quaere whether beneficiary is beneficial owner (pp. 20:7-8)
Some commentators argue that a beneficiary of a trust is the beneficial owner of...
Geraint Thomas, Alastair Hudson, "Chapter 7: The Nature of a Beneficiary’s Interest", The Law of Trusts,” Oxford University Press, 2004
Under some trusts the beneficiary has rights in rem against the trust property (p. 173)
7.01 The debate on the nature of a beneficiary's interest...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) | 610 |
D.M. Sherman, "When Does 'Ownership' Pass?", GST & Commodity Tax, Vol. XII, No. 6, July/August 1998, p. 45.
Joel A. Nitikman, "Who Owns What When: A Commentary on Paxton v. The Queen", Business Vehicles, Vol. IV, No. 2, 1998, p. 190.
Brown, "The Transfer of Property on Death: Ownership, Control and Vesting", 1994 Canadian Tax Journal, Vol. 42, No. 6, p. 1449.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 0 | |
| Tax Topics - Income Tax Act - Section 249 - Subsection 249(4) | 0 |
Morris, Pisen, "Tax Court Examines 'Reciprocal' Options", National Real Estate Reporter, November 1992
Discussion of the decision in Kwiat v. Commissioner.
Saltman, Tobin, "Tax Ownership: The Corporate Consequences in Canada", Committee N Taxation, Section on Business Law, International Bar Association, Annual Conference, September 23, 1992.
Bies, "Agency and Canadian Income Tax Law", 1982 Conference Report, p. 927.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Agency | 0 |