Smedley v. The Queen, 2003 DTC 501 -- attach -- Ownership
no transfer of beneficial ownership of logs until incidents of ownership had passed
Ownership
Magren Holdings Ltd. v. The Queen, 2021 TCC 42, aff'd on other grounds 2024 FCA 202 -- attach -- Ownership
acquisition of income fund units to be held for a few days before their redemption did not represent an acquisition of beneficial ownership
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 -- attach -- Ownership
Weaver v. Canada, 2008 DTC 6517, 2008 FCA 238 -- attach -- Ownership
beneficial ownership can be transferred orally before date of written agreement
8 December 2009 External T.I. 2009-0314161E5 F - Transfert d'un intérêt - résidence principale -- attach -- Ownership
CRA can respect an oral counter letter if it is consistent with the parties’ conduct
8 January 2010 External T.I. 2009-0344061E5 F - Crédit d'impôt pour la rénovation domiciliaire -- attach -- Ownership
partner is “owner” of partnership property for principal residence exemption purposes
16 February 2010 External T.I. 2010-0354801E5 F - CIRD - construction d'un logement -- attach -- Ownership
individual is considered to become owner of home in construction when it becomes habitable
12 April 2010 External T.I. 2009-0327161E5 F - Revenu de location -- attach -- Ownership
CRA can be bound by a counter letter rather than the apparent contract
3 May 2010 External T.I. 2010-0358881E5 F - CIRD - construction d'un logement -- attach -- Ownership
individual is considered to be owner of home that is being constructed as soon as it is habitable
9 April 2020 External T.I. 2014-0527261E5 F - Beneficial ownership discretionary power of trustees -- attach -- Ownership
discretion of trustee to accumulate rather than distribute income to sole beneficiary did not detract from beneficial ownership
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