Ownership

Table of Contents

Cases

Degeer v. Canada, 2001 DTC 5385, 2001 FCA 152

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Pardee Equipment Ltd. v. The Queen, 97 DTC 5279 (FCTD)

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Tax Topics - General Concepts - Substance 66

The Queen v. Paxton, 97 DTC 5012 (FCA)

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Words and Phrases
transfer

Goldcorp Exchange Ltd & Ors v. Leggett & Ors, [1994] UKPC 3, [1995] 1 AC 74

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J. Sainsbury plc v. O'Connor, [1991] BTC 181 (C.A.)

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Greenway v. The Queen, 91 DTC 5251 (FCTD)

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Philips Exports Ltd. v. Customs and Excise Commissioners, [1990] BTC 5082 (Q.B.D.)

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1056 Enterprises Ltd. v. The Queen, 89 DTC 5287 (FCTD)

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Alberta Oil Sands Pipeline Ltd. v. The Queen, 88 DTC 6059, [1988] 1 CTC 99 (FCTD)

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Irving Oil Ltd. v. The Queen, 88 DTC 6138, [1988] 1 CTC 263 (FCTD), aff'd 91 DTC 5106 (FCA)

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Ward v. The Queen, 88 DTC 6212, [1988] 1 CTC 336 (FCTD)

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Seven Mile Dam Contractors v. The Queen in Right of British Columbia (1980), 116 DLR (3d) 398, 1980 CanLII 451 (BCCA)

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Rodwell Securities Ltd. v. IRC, [1968] 1 All E.R. 257 (Ch D)

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Vineland Quarries and Crushed Stone Ltd. v. MNR, 66 DTC 5092, [1966] CTC 69 (Ex Ct), briefly aff'd 67 DTC 5283 (SCC)

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Bank Voor Handel En Scheepvaart v. Slatford, [1951] 2 All E.R. 779

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Personality 108

See Also

Ellison v Sandini Pty Ltd, [2018] FCAFC 44

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Words and Phrases
beneficial owner fungible
Locations of other summaries Wordcount
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) 744
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 407
Tax Topics - General Concepts - Evidence a court order could not be interpreted in light of extrinsic evidence 100

Gillen v. The Queen, 2017 TCC 163

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Words and Phrases
beneficial ownership
Locations of other summaries Wordcount
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 342
Tax Topics - General Concepts - Effective Date relation-back theory applied: closing retroactively confirmed previous beneficial ownership transfer 220

Mady v. The Queen, 2017 TCC 112

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Locations of other summaries Wordcount
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) 355
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 285
Tax Topics - General Concepts - Fair Market Value - Shares arm’s length sales price established FMV for closing-date internal transfer of same shares 470
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 468
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 658
Tax Topics - General Concepts - Price Adjustment Clause no jurisdiction to comment on application of price adjustment clause where the affected taxpayers are not appellants 223

Club Intrawest v. The Queen, 2016 TCC 149, varied 2017 FCA 151

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Locations of other summaries Wordcount
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 371
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 594
Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Service payment of condo operating expenses was a service 201
Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Supply single supply of covering all time share operating costs 164
Tax Topics - Excise Tax Act - Section 168 - Subsection 168(1) GST collectible based on invoicing times 77
Tax Topics - Excise Tax Act - Section 306.1 - Subsection 306.1(1) objecting to quantum was sufficient particularity 169
Tax Topics - General Concepts - Evidence foreign law assumed the same 93

Bueti v. The Queen, 2015 DTC 1213 [at 1374], 2015 TCC 265

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(a) residuary beneficiary did not acquire as a consequence of death 125
Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) residuary beneficiary did not acquire as a consequence of death 224

Mariano v. The Queen, 2015 DTC 1209 [at 1331], 2015 TCC 244

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Locations of other summaries Wordcount
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 289
Tax Topics - General Concepts - Sham taxpayer involvement in deceit unnecessary 357
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) void for lack of certainty of objects 208
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) delegation of power of appointment to promoter not authorized 222
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 526
Tax Topics - Income Tax Act - Section 248 - Subsection 248(35) attempted use of initial gift to step-up ACB under s. 69(1)(c) 238

568864 B.C. Ltd. v. The Queen, 2014 TCC 373

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 79.1 - Subsection 79.1(2) beneficial ownership in patents 414
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) patents were acquired for future joint venture use 196

Olympia Trust Company v. The Queen, 2014 TCC 372, aff'd 2015 DTC 5134 [at 6411], 2015 FCA 279

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 116 - Subsection 116(5) RRSP trustee, not annuitant, was the "purchaser" 154

Strachan v. The Queen, 2014 DTC 1025 [at 2645], 2013 TCC 362

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) shares issued from spouse's private corporation 123

Fourney v. The Queen, 2012 DTC 1019 [at 2575], 2011 TCC 520

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Agency 187
Tax Topics - General Concepts - Corporate/Separate Personality 251
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) bare trust arising on creditor-proofing transfer 251
Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) line codes in electronic filings were incomprehensible to taxpayer 292
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition rebuttable presumption of resulting trust on transfer for no consideration 251

Leclair v. The Queen, 2011 DTC 1328 [at 1859], 2011 TCC 323

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Alberta Power (2000) Ltd. v. The Queen, 2009 DTC 1514, 2009 TCC 412

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) definition of "reimbursement;" exclusion for legal obligation from legitimate negotiations 216
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Paragraph 13(21)(e) 54
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 107

Andrews v. The Queen, 2007 DTC 901, 2007 TCC 312 (Informal Procedure)

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Terminal Norco Inc. v. The Queen, 2006 DTC 2897, 2006 TCC 139

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Words and Phrases
immediately after

Williams v. The Queen, 2005 DTC 1228, 2005 TCC 558

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Words and Phrases
beneficial ownership owner
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition beneficial owner of shares held in a trust 104

CIR v. Scottish Provident Institution, [2004] UKHL 52

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Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) 155

Metropolitan Toronto Police Widows and Orphans Fund v. Telus Communications Inc., 2003 CanLII 25909, 30 BLR (3d) 288; [2003] OJ No 128 (ON SC)

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Words and Phrases
sale

Fredette v. The Queen, 2001 DTC 621 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose 87
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 392

Kucor Construction & Developments & Associates v. Canada Life Assurance Co. (1998), 41 OR (3d) 577 (Ont. C.A.)

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Collins v. The Queen, 96 DTC 1034 (TCC)

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IRC v. Gray, [1994] BTC 8034 (CA)

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Low v. The Queen, 93 DTC 927 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 54 - Principal Residence 35

Tétrault v. MNR, 92 DTC 2240 (TCC)

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Tri-Star Leasing (London) Inc. v. MNR, 92 DTC 1786 (TCC)

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Location Gaétan Lévesque Inc. v. MNR, 91 DTC 1380 (TCC)

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Fortin & Moreau Inc. v. The Queen, 90 DTC 1450 (TCC)

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Words and Phrases
acquire

Disher-Winslow Products Ltd. v. MNR, 52 DTC 27 (TAB)

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Administrative Policy

21 June 2017 External T.I. 2017-0687961E5 - Principal residence exemption and farm property

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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 156

5 November 2014 External T.I. 2014-0521891E5 F - Résidence principale et copropriété

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(4) overview of s. 40(4) rule 150

9 December 2016 External T.I. 2016-0639481E5 - Specified foreign property-jointly held property

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Words and Phrases
of
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 255

7 October 2016 APFF Roundtable Q. 10, 2016-0652931C6 F - Bien agricole admissible-saisine par succession

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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 117

22 May 2014 External T.I. 2014-0519811E5 F - Droit d'usage au Québec pré-1991

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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 159
Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) effective grandfathering of right as usufructuary which arose before 1991 155

20 May 2014 External T.I. 2014-0517331E5 F - CII - exploitation agricole

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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 195
Tax Topics - Income Tax Act - Section 127 - Subsection 127(27) no ITC reversal if unanticipated transfer of equipment to a farm outside the region 155

22 July 2013 Interpretation RITS 145125

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22 November 2013 External T.I. 2013-0511771E5 - Beneficial Ownership - Disposition

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) mother as nominee for daughter's house 88

6 December 2011 TEI Roundtable, 2011-0427101C6 - Seizure of Property

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Words and Phrases
beneficial ownership

September 1999 Gift Planning Symposium Round Table, Q. 2, No. 2000-M020417

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16 April 1997 Memorandum 970571

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Agency 21

P-015 "Treatment of Bare Trusts under the Excise Tax Act".

24 March 1995 T.I. 950163 (C.T.O. "Principal Residence - Life Estate - Beneficial Ownership")

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30 March 1994 T.I. 932942 (C.T.O. "Bene Ownership of P/R Separate from Ownership of Farm")

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24 November 1993 Internal T.I. 7-932553

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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.")

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16 September 1992 T.I. (Tax Window, No. 24, p. 14, ¶2193)

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IT-441 "Capital Cost Allowance - Certified Feature Productions and Certified Short Productions"

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IT-437R "Ownership of Dwelling Property"

IT-128R "Capital Cost Allowance - Depreciable Property"

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91 C.R. - Q.7

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Tax Topics - Income Tax Act - Section 191 - Subsection 191(2) 19

27 February 1991 T.I. (Tax Window, Prelim. No. 3, p. 29, ¶1130)

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IT-170R "Sale of Property - When Included in Income Computation"

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Articles

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.

Morris, Pisen, "Tax Court Examines 'Reciprocal' Options", National Real Estate Reporter, November 1992

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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