Ownership

Table of Contents

Cases

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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Locations of other summaries Wordcount
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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Words and Phrases
beneficial ownership
Locations of other summaries Wordcount
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

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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Words and Phrases
beneficial ownership trust
Locations of other summaries Wordcount
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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Locations of other summaries Wordcount
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 177

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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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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Locations of other summaries Wordcount
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...

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Words and Phrases
transfer

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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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...

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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...

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

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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)

"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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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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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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Locations of other summaries Wordcount
Tax Topics - General Concepts - Personality 116

See Also

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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Locations of other summaries Wordcount
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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Locations of other summaries Wordcount
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

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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Words and Phrases
beneficial ownership
Locations of other summaries Wordcount
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...

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Words and Phrases
period of ownership

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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Locations of other summaries Wordcount
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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Locations of other summaries Wordcount
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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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) 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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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 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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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) 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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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 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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Locations of other summaries Wordcount
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 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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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 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 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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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 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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Words and Phrases
beneficial owner
Locations of other summaries Wordcount
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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Locations of other summaries Wordcount
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 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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Words and Phrases
beneficial owner
Locations of other summaries Wordcount
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 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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Locations of other summaries Wordcount
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 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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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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Words and Phrases
beneficial owner
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 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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Locations of other summaries Wordcount
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...

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Words and Phrases
immediately after

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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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 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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Locations of other summaries Wordcount
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...

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Words and Phrases
sale

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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Locations of other summaries Wordcount
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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Locations of other summaries Wordcount
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,...

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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."

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%...

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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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Locations of other summaries Wordcount
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...

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Tétrault v. MNR, 92 DTC 2240, [1992] 2 CTC 2787 (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,...

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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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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...

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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...

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Words and Phrases
acquire

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...

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Administrative Policy

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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 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...

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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 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...

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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...

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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...

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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 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...

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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 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...

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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...

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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....

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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

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...

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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...

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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...

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Words and Phrases
beneficial ownership

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 - 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...

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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...

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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...

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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...

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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...

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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...

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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

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,...

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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...

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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...

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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...

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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...

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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.")

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...

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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...

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IT-441 "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) 19

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...

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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...

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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...

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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...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 96 122
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) 111
Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(11.2) - Paragraph 5907(11.2)(b) 181
Tax Topics - Income Tax Act - Section 90 - Subsection 90(1) 99
Tax Topics - Income Tax Act - Section 93.1 - Subsection 93.1(2) - Paragraph 93.1(2)(a) 120
Tax Topics - Income Tax Act - Section 93.1 - Subsection 93.1(2) - Paragraph 93.1(2)(d) - Subparagraph 93.1(2)(d)(i) 80
Tax Topics - Income Tax Regulations - Regulation 5901 - Subsection 5901(2) - Paragraph 5901(2)(b) 91
Tax Topics - Income Tax Act - Section 93 - Subsection 93(1.3) 168
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (e) 155
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (a) 368
Tax Topics - Income Tax Act - Section 95 - Subsection 95(1) - Excluded Property - Paragraph (c) 290
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(y) 64
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph. 95(2)(z) 332
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(a) - Subparagraph 95(2)(a)(ii) - Clause 95(2)(a)(ii)(B) - Subclause 95(2)(a)(ii)(B)(II) 169
Tax Topics - Income Tax Act - Section 95 - Subsection 95(2) - Paragraph 95(2)(a) - Subparagraph 95(2)(a)(ii) - Clause 95(2)(a)(ii)(D) 688
Tax Topics - Income Tax Act - Section 94 - Subsection 94(1) - Exempt Foreign Trust - Paragraph (h) - Subparagraph (h)(ii) - Clause (h)(ii)(C) 615

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...

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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

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