Subsection 18(2) - Limit on certain interest and property tax
Cases
Jobin v. Canada (Attorney General), 2005 DTC 5405, 2004 FCA 386
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Urbandale Realty Corp Ltd. v. The Queen, 97 DTC 5353 (FCTD)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Words and Phrases
tax| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Timing | 107 |
Heinze v. The Queen, 97 DTC 5219 (FCTD)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | 70 |
Ward v. The Queen, 88 DTC 6212, [1988] 1 CTC 336 (FCTD)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | 26 | |
| 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 |
Administrative Policy
20 February 2013 External T.I. 2012-0469811E5 F - Interest deductibility
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
5 November 2009 External T.I. 2009-0333031E5 F - Taxes foncières et scolaires
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
4 April 1997 Internal T.I. 9638817 - ACQUISITION OF VACANT LAND
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
7 February 1992 T.I. (Tax Window, No. 16, p. 19, ¶1738)
91 C.R. - Q.39
13 June 1991 T.I. (Tax Window, No. 4, p. 29, ¶1303)
5 February 1990 T.I. (July 1990 Access Letter, ¶1314)
1 December 1989 T.I. (May 1990 Access Letter, ¶1209)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(3) - Land | 12 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(m) | 42 |
89 C.R. - Q.46
89 C.M.TC - Q.11
89 C.M.TC - Q.12
89 C.M.TC - Q.13
89 C.M.TC - Q.14
IT-153R3 "Land Developers - Subdivision and Development Costs and Carrying Charges on Land"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | 119 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(3) - Land | 0 | |
| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | 32 |
Articles
Bourgeois, "Some Tax Considerations in Real Estate Development and Construction: Soft Costs, Capitalization, Inventory Write-Downs and Characterization of Partnership Income", 1995 Corporate Management Tax Conference Report, c. 4.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(3.1) | 0 | |
| Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) | 24 |
Subsection 18(3) - Definitions
Land
See Also
Administrative Policy
1 December 1989 T.I. (May 1990 Access Letter, ¶1209)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(2) | 44 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(m) | 42 |
IT-153R3 "Land Developers - Subdivision and Development Costs and Carrying Charges on Land"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | 119 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(2) | 0 | |
| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | 32 |
Subsection 18(3.1) - Costs relating to construction of building or ownership of land
Cases
Trynchy v. The Queen, 2001 DTC 5582 (FCTD)
See Also
Morris v. The Queen, 2014 DTC 1149 [at 3481], 2014 TCC 142 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Start-Up and Liquidation Costs | rental operation commenced with repairs and touch-ups | 132 |
Janota v. The Queen, 2010 TCC 395, 2010 DTC 1268 at 3893 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Baggs v. MNR, 90 DTC 1296 (TCC)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | 33 |
Administrative Policy
S3-F4-C1 - General Discussion of Capital Cost Allowance
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
5 July 2013 Internal T.I. 2013-0489821I7 F - Application of subsection 18(3.1)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
9 March 1992 T.I. (Tax Window, No. 17, p. 22, ¶1792))
19 September 89 T.I. (February 1990 Access Letter, ¶1099)
89 C.M.TC - "Capitalization of Soft Costs - Buildings Under Construction"
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(3.2) - Paragraph 18(3.2)(a) | 42 |
88 C.R. - Q.52
Articles
Bourgeois, "Some Tax Considerations in Real Estate Development and Construction: Soft Costs, Capitalization, Inventory Write-Downs and Characterization of Partnership Income", 1995 Corporate Management Tax Conference Report, c. 4.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(2) | 0 | |
| Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) | 24 |
Paragraph 18(3.1)(a)
Administrative Policy
Subparagraph 18(3.1)(a)(i)
See Also
Customs and Excise Commissioners v. Viva Gas Appliances Ltd., [1983] BTC 5064, [1983] 1 WLR 1445, [1984] 1 All E.R. 112 (HL)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Noscitur a Sociis | 116 |
Subsection 18(3.2) - Included costs
Paragraph 18(3.2)(a)
Administrative Policy
89 C.M.TC - "Capitalization of Soft Costs - Buildings Under Construction"
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(3.1) | 2 |
Subsection 18(3.4) - Where s. (3.1) does not apply
See Also
Administrative Policy
89 C.M.TC - "Capitalization of Soft Costs - Buildings under Construction" - "Principal Business Corporation"
Subsection 18(3.5) - Idem [Where s. (3.1) does not apply]
See Also
Barat v. M.N.R., 91 DTC 1097 (TCC)
Administrative Policy
Paragraph 18(3.5)(d)
See Also
Pogson v. Lowe, [1984] 1 WLR 182 (HL)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Transitional Provisions | 45 |
Subsection 18(4) - Limitation — deduction of interest by certain corporations
Cases
Wildenburg Holdings Ltd. v. Minister of Revenue (Ontario), 2001 DTC 5145 (Ont CA)
Wildenburg Holdings Ltd. v. Minister of Revenue, 98 DTC 6462 (Ont. C.J. (G.D.))
Uddeholm Ltd. v. The Queen, 87 DTC 5431, [1987] 2 CTC 236 (FCTD)
The Queen v. Thyssen Canada Ltd., 87 DTC 5038, [1987] 1 CTC 112 (FCA)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | 54 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 62 |
See Also
Specialty Manufacturing Ltd. v. The Queen, 97 DTC 1511 (TCC)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 10 | 54 |
Administrative Policy
11 September 2015 Internal T.I. 2015-0599161I7 - Subsection 18(4) and section 216
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
24 December 2013 Internal T.I. 2013-0512551I7 - Thin Cap and partnership income
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
5 December 2012 External T.I. 2012-0445891E5 - Contributed Surplus and Thin Capitalization
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
2005 Ruling 2005-0123631R3 - Thin Capitalization Rules
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 62 |
9 September 2002 External T.I. 2002-0136985 - Interpretation of Thin Cap Terms
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Income Tax Technical News, No. 16, 8 March 1999
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Income Tax Technical News, No. 16
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 111 - Subsection 111(5) | 65 | |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Reasonable Expectation of Profit | 38 |
29 July 1997 External T.I. 9638945 - INTERACTION OF SUBSECTIONS 18(4) AND 216(1)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 216 - Subsection 216(1) | 60 |
3 October 1996 Internal T.I. 1996-9523657 - Capitalization rules applicable to non-res.
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
1996 Corporate Management Tax Conference Round Table, Q. 6
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 181 - Subsection 181(3) | 39 |
30 August 1995 External T.I. 9520115 - APPLICATION OF 78(1) AND 18(4)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 78 - Subsection 78(1) | 25 |
92 C.R. - Q.12
23 November 1990 T.I. (Tax Window, Prelim. No. 2, p. 5, ¶1038)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Subparagraph 212(1)(b)(vii) | 34 |
IT-59R3 "Interest on Debts Owing to Specified Non-Residents (Thin Capitalization)"
Articles
Jack Bernstein, Francesco Gucciardo, "Update on Canada-U.S. Merges and Acquisitions", Tax Notes International, March 16, 2015, p. 993
Nathan Boidman, Rhonda Rudick, "Recent Developments Affecting Foreign Investment in Canadian Real Estate", Tax Notes International, 30 April 2012, p. 449
Janette Y. Pantry, Soraya M. Jamal, "The Thin Cap Rules: Revisiting the Foreign Exchange Anomaly", Corporate Finance, 2011, p. 1934: discussion of effect of s. 261(2)(b) and of Imperial Oil decision.
Greg M. Johnson, "Selected Tax Issues Relating to Capitalizing Private Equity Investments in the Oil and Gas Industry", Resource Taxation, Vol. VI, No. 4, 2009, p. 466
Ewens, "The Thin Capitalization Restrictions", 1994 Canadian Tax Journal, Vol. 42, No. 3, p. 954.
Subsection 18(5) - Definitions
Administrative Policy
(c)
Equity Amount
Paragraph (a)
See Also
Mac's Convenience Stores Inc. v. A.G. of Canada, 2015 QCCA 837
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Rectification & Rescission | thin cap issues were not considered at time of paying a dividend | 234 |
Administrative Policy
18 June 2015 STEP Roundtable Q. 3, 2015-0572201C6 - 2015 STEP Q3 Redeemable Preferred Shares and 18(4)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share | equity/debt classification based on legal form | 57 |
Subparagraph (a)(i)
Administrative Policy
19 January 2018 Internal T.I. 2017-0721641I7 - Thin Cap.-Retained Earnings-Other Income (Loss)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
23 November 2016 Internal T.I. 2015-0618511I7 - Thin Capitalization - Retained Earnings
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Accounting Principles | consistency between unconsoidated and consolidated financials | 151 |
Subparagraph (a)(ii)
Subparagraph (a)(iii)
Articles
Peter Lee, Paul Stepak, "PE Investments in Canadian Companies", draft 2017 CTF Annual Conference paper
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Paragraph (b)
Paragraph (c)
Outstanding Debts to Specified Non-Residents
Administrative Policy
24 November 2015 CTF Annual Roundtable, Q.10
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) | application where no gain on shares/non-application to loss-shifting transactions | 313 |
21 November 2011 External T.I. 2010-0384001E5 - Guarantee/Collateral/ASPE effect on Thin Cap
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
93 C.M.TC - Q. 3
Paragraph (a)
Subparagraph (a)(ii)
Administrative Policy
15 May 2019 IFA Roundtable Q. 4, 2019-0798721C6 - 78(1)(b)(ii) deemed loan & thin capitalization
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 78 - Subsection 78(1) - Paragraph 78(1)(b) - Subparagraph 78(1)(b)(ii) | deemed s. 78(1)(b)(ii) loan is not also deemed to bear interest | 97 |
Specified Right
Administrative Policy
31 October 2017 External T.I. 2017-0690691E5 F - New section 15 back to back loan rules
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.16) - Paragraph 15(2.16)(c) - Subparagraph 15(2.16)(c)(i) - Clause 15(2.16)(c)(i)(B) | application to a term deposit pledged by a family corporation to secure a business loan taken out by a shareholder | 195 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.16) - Paragraph 15(2.16)(c) - Subparagraph 15(2.16)(c)(ii) | term deposit to secure shareholder loan potentially a specifed right | 199 |
14 September 2017 Roundtable, 2017-0703901C6 - CPA Alberta 2017 Q11: Shareholder loans
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.16) - Paragraph 15(2.16)(c) - Subparagraph 15(2.16)(c)(ii) | not a specified right where security for repayment of shareholder loan on default | 279 |
Finance
6 October 2017 APFF Financial Strategies and Instruments Roundtable, Q.13
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.16) | B2B rules in s. 15(2.16) apply mechanically irrespective whether s. 15(2) has been circumvented | 387 |
Articles
Raj Juneja, Pierre Bourgeois, "International Tax Issues That Get in the Way of Doing Business", 2019 Conference Report (Canadian Tax Foundation), 36:1 – 42
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Jason Boland, Christopher Montes, "A Detailed Review of the Back-to-Back Loan Rules", 2016 Conference Report (Canadian Tax Foundation), 26:1-32
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Amanda S.A. Doucette, Britney Wangler, "Normal Borrowing by CCPC Owners Can Create an Income Inclusion", Canadian Tax Focus, Vol. 7, No. 1, February 2017, p. 1
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.17) | 351 |
John Lorito, Trevor O'Brien, "International Finance – Cash Pooling Arrangements", 2014 Conference Report, (Canadian Tax Foundation), 20:1-33
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Steve Suarez, "Canada Releases Revised Back-to-Back Loan Rules", Tax Notes International, October 27, 2014, p. 357.
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Subsection 18(6) - Loans made on condition
See Also
Langhammer v. The Queen, 2001 DTC 45 (TCC)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Words and Phrases
loan| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) | occasional loans were money-lending business given that done similarly to a money lender | 259 |
Administrative Policy
27 July 1990TI AC 59653
23 June 1989 TI 7-3792
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(6) | 35 |
Income Tax Technical News, No. 15, "Back-to-Back Loans in Relation to Subsections 18(4) and 18(6)".
2 October 1996 T.I. 961781 (C.T.O. "Thin Capitalization Back-to-Back Loans")
93 C.M.TC - Q. 9
18 January 1993 External T.I. 5-921647 -
18 July 1989 T.I. (Dec. 89 Access Letter, ¶1044)
23 June 1989 TI 7-3792
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(6) | 162 |
Paragraph 18(6)(c)
Administrative Policy
17 November 2015 Roundtable, 2015-0614241C6 - 2015 TEI Liaison Meeting Q.6 - Specified Right
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(3.1) - Paragraph 212(3.1)(c) | cross-border notional cash-pooling arrangement engages the B2B loan rules | 235 |
Articles
Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Steve Suarez, "Canada Releases Revised Back-to-Back Loan Rules", Tax Notes International, October 27, 2014, p. 357.
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Subparagraph 18(6)(c)(i)
Articles
Jason Boland, Christopher Montes, "A Detailed Review of the Back-to-Back Loan Rules", 2016 Conference Report (Canadian Tax Foundation), 26:1-32
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Words and Phrases
because ofParagraph 18(6)(d)
Articles
Jason Boland, Christopher Montes, "A Detailed Review of the Back-to-Back Loan Rules", 2016 Conference Report (Canadian Tax Foundation), 26:1-32
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Shane Onufrechuk, Warren Pashkowick, "Tax Considerations of Major Construction Projects", 2014 Conference Report, Canadian Tax Foundation, 10:1-35.
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Subsection 18(7) - Partnership debts
Administrative Policy
28 July 2015 External T.I. 2015-0567811E5 - Thin cap rules for members of a partnership
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(l.1) | sale by Cancos of their partnership interests part-way through year did not eliminate their proportionate pick-up of partnership debt | 354 |
Articles
John Tobin, "Infrastructure and P3 Projects", 2017 Conference Report (Canadian Tax Foundation), 10:1-31
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Subsection 18(9) - Limitation respecting prepaid expenses
Cases
Urbandale Realty Corp. Ltd. v. The Queen, 2000 DTC 6118 (FCA)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Timing | 85 |
Canderel Ltd. v. Canada, 98 DTC 6100, [1998] 1 S.C.R. 147
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Onus | 105 | |
| Tax Topics - Income Tax Act - Section 9 - Accounting Principles | not following matching principle accorded with well-accepted business practices | 153 |
| Tax Topics - Income Tax Act - Section 9 - Timing | lease inducement payments currently deductible | 121 |
See Also
Administrative Policy
2015 Ruling 2015-0601441R3 - XXXXXXXXXX Partnership - winding up
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
28 April 2015 External T.I. 2015-0566011E5 - Whether s. 16.1 applies to a transport truck
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 16.1 - Subsection 16.1(1) | identification of lease based on legal substance/no election for transport truck | 209 |
27 August 2012 Internal T.I. 2012-0442831I7 - Audit referral on prepaid rent
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
30 January 2003 External T.I. 2002-0169785 - PRODUCT LIABILITY INSURANCE
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
11 July 1995 Internal T.I. 9505997 - EXTENDED WARRANTY
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
14 June 1994 External T.I. 9409775 - SINGLE PREMIUM ON A GROUP TERM LIFE INSUR FOR RETIRE
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
1994 A.P.F.F. Round Table, Q. 36
25 October 1990 T.I. (Tax Window, Prelim. No. 1, p. 19, ¶1017)
29 January 1990 T.I. (June 1990 Access Letter, ¶1250)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(m) | 37 |
89 C.M.TC - Q.4
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 249 - Subsection 249(1) | 65 |
84 C.R. - Q.68
IT-417R2 "Prepaid Expenses and Deferred Charges"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(9.2) | 0 |
Articles
Joseph Frankovic, "The Income Tax Treatment of Prepaid Expenses and Similar Costs: A Time Value Analysis", 2000 Canadian Tax Journal, Vol. 48, No. 5, p. 1371.
Subsection 18(9.1) - Penalties, bonuses and rate-reduction payments
Administrative Policy
27 January 2017 External T.I. 2013-0482351E5 - Clause 95(2)(a)(ii)(D)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| 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) | s. 95(2)(a)(ii)(D) can recharacterize a loan prepayment penalty as active business income | 460 |
| Tax Topics - Income Tax Regulations - Regulation 5907 - Subsection 5907(2.7) | loan prepayment penalty fully deducted from surplus when paid | 161 |
S4-F2-C1 - Deductibility of Fines and Penalties
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
11 January 2013 External T.I. 2012-0436771E5 - Sale of a business
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) | continued deduction where debt settlement by shareholder rather than taxpayer | 24 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(i) | sale agreement required loan prepayment penalty | 68 |
30 March 2007 External T.I. 2005-0129061E5 - Payment for interest reduction
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(9.7) | 23 |
23 November 2005 External T.I. 2005-0156071E5 - deductibility of prepayments under s. 18(9.1)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
30 September 2003 Internal T.I. 2003-0023137 - DETERMINING THE PENALTY AMOUNT
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
15 May 2003 External T.I. 2003-0011615 - AMORTIZATION PRESENT VALUE BASIS
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
13 September 2000 External T.I. 2000-0036825 - REPURCHASE OF DEBENTURES ON OPEN MARKET
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
24 April 1998 External T.I. 9802565 - PENALTY PAYMENT IN RESPECT OF BORROWING
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
1998 Ruling 98021433 - REPAYMENT OF INDEBT. 18(9.1) ON REFINANC.
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
1996 Ruling 961368
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Subparagraph 212(1)(b)(vii) | 64 |
23 October 1995 Internal T.I. 9503766 - PV OR STRAIGHT LINE
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
26 October 1994 Internal T.I. 9425876 - PREPAYMENT PENALTY
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
21 October 1993 T.I. 932532
19 August 1992 Memorandum 922019 (Tax Window, No. 23, p. 14, ¶2156)
14 August 1992 Internal T.I. 7-921593 -
4 May 1992 Tax Executive's Institute Roundtable, Q. 11, No. 92063651 (December 1992 Access Letter, p. 49)
1 May 1992 T.I. 920313
Articles
Jim Samuel, Byron Beswick, "Selected Issues in Transactions Involving Debt", 2019 Conference Report (Canadian Tax Foundation), 18:1 – 27
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Frankovic, "Deduction of Prepaid Interest, Interest Rate Buy-Downs and Early Repayment Penalties", Tax Topics, No. 1292, December 12, 1996, p. 1.
Ulmer, "Taxation of Interest Income", 1990 Conference Report, c. 8.
Paragraph 18(9.1)(a)
Subsection 18(9.2) - Interest on debt obligations
Administrative Policy
2 December 1992 Memorandum (Tax Window, No. 30, p. 9, ¶2484)
IT-417R2 "Prepaid Expenses and Deferred Charges"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(9) | 0 |
Articles
Richardson, "Tax Amendments Facilitate Issue of Synthetic Zero Coupon Debt", Corporate Finance, Vol. 1, No. 1, 1992, p. 8: Discussion of WIC and Rogers' LYONs transactions.
Novek, "Deductibility of Financing Expenses", 1992 Corporation Management Tax Conference, C.3.
Subsection 18(9.7) - Idem [Interest on debt obligations]
Administrative Policy
30 March 2007 External T.I. 2005-0129061E5 - Payment for interest reduction
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(9.1) | PV excess | 36 |
Subsection 18(10) - Employee benefit plan
Subsection 18(11) - Limitation
Subsection 18(12) - Work space in home
See Also
DiCaita v. The Queen, 2021 TCC 5 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | reconditioning of rental unit allowed as deductible expense | 242 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | expenses of flight, at the conclusion of Las Vegas vacation followed by attending at a rental property in Phoenix, from Phoenix back home were deductible | 284 |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | rental unit was a source of income even when not rentable due to on-going renovations | 77 |
Doleman v. The Queen, 2011 DTC 1257 [at 1474], 2011 TCC 349 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Arbeau v. The Queen, 2010 DTC 1203 [at 3526], 2010 TCC 307 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Ryan v. The Queen, 2006 DTC 2738, 2006 TCC 132 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Words and Phrases
meetingJenkins v. The Queen, 2005 DTC 384, 2005 TCC 167 (Informal Procedure)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Words and Phrases
principal businessRudiak v. The Queen, 2000 DTC 3901 (TCC)
Sudbrack v. The Queen, 2000 DTC 2521, Docket: 98-2386-IT-G (TCC)
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Administrative Policy
27 October 2014 External T.I. 2012-0471391E5 F - Entreposage d'inventaire à domicile
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 8 - Subsection 8(13) | inventory storage part of work place | 98 |
1 May 2012 External T.I. 2012-0436401E5 F - Frais de bureau à domicile
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
26 July 2010 External T.I. 2010-0364721E5 F - Revenus de bien et d'entreprise
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Words and Phrases
income from a business| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(14) | rental property restriction rule applies to business properties as well/"principally" references over 50% of the time | 127 |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | reduction of personal expenses is not the pursuit of profit | 97 |
Articles
Gael Melville, Lucie Champagne, Yves Plante, "Tax Considerations for the Newly-Self-Employed", 2011 Canadian Tax Journal, Vol 59, p. 843
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 5 - Subsection 5(1) | 23 |
Paragraph 18(12)(a)
Administrative Policy
S4-F2-C2 - Business Use of Home Expenses
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Paragraph 18(12)(b)
Administrative Policy
S4-F2-C2 - Business Use of Home Expenses
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.
Paragraph 18(12)(c)
Administrative Policy
S4-F2-C2 - Business Use of Home Expenses
The text of this content is paywalled Mon.-Fri. except for the 1st full week of each month. Subscribe or log in for unrestricted access.