Section 107

Subsection 107(1)

Administrative Policy

2016 Ruling 2015-0606771R3 - Disclaimer of trust interest

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Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) disclaimer resulting in a rollout of estate assets under an intestacy 372
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition disclaimer of interest in estate 83

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Trusts Resident in Canada", Chapter 3 of Canadian Taxation of Trusts, (Canadian Tax Foundation), 2016.

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(3) 374
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(4) - Paragraph 251.1(4)(d) 437
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(1) - Paragraph 251.1(1)(g) - Subparagraph 251.1(1)(g)(ii) 115
Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) 141
Tax Topics - Income Tax Act - Section 112 - Subsection 112(3.2) 331
Tax Topics - Income Tax Act - Section 251.2 - Subsection 251.2(3) - Paragraph 251.2(3)(b) 112
Tax Topics - Income Tax Act - Section 252.2 - Subsection 252.2(2) 115
Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(i) 176
Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) - Paragraph 70(6)(d.1) 161
Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) 1201
Tax Topics - Treaties - Article 29B 239
Tax Topics - Income Tax Act - Section 248 - (2)-(35) 157
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) 199
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a.2) 59
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a.3) 38
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(6) 174
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) 164
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(24) 163
Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) 91
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(18) 49
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.01) 66
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(19) 311
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) 125
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(bb) 144
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) 379

Subsection 107(1.1) - Cost of capital interest in a trust

Articles

Alycia Calvert, "Incorporation of an Energy Trust", Resource Sector Taxation, Vol. IV, No. 3, 2006, p. 286.

Goodman, "The Tax Treatment of Commercial Trusts", 1989 Canadian Tax Journal, July-August issue, p. 1053

Subsection 107(1.2)

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Subsection 107(2) - Distribution by personal trust

Cases

Chan v. The Queen, 2001 DTC 5570, 2001 FCA 302

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Words and Phrases
distribute

See Also

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

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Tax Topics - General Concepts - Fair Market Value - Other courseware licences valued at modest initial cost, given relevant wholesale market and depressive effect of huge volumes purchased 289
Tax Topics - General Concepts - Ownership no acquisition of unascertained property 66
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 - 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

Chan v. The Queen, 99 DTC 1215 (TCC), aff'd supra

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Administrative Policy

19 January 2017 External T.I. 2015-0576751E5 F - Trust, Disposition of depreciable property, Assumption

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(e) s. 13(7)(e) applicable to s. 107(2.1) distribution but not s. 104(5) deemed disposition 257
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Personal Trust non-commital as to whether assumption of debt could constitute tainting consideration 175
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.1) s. 13(7)(e) applicable to depreciable property distribution 117
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) trust cannot have a NAL relationship with itself 39

2016 Ruling 2015-0606771R3 - Disclaimer of trust interest

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Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(1) no disposition from disclaimer 91
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition disclaimer of interest in estate 83

12 May 2016 External T.I. 2014-0552341E5 - Subsection 107(4.1)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(4.1) application of s. 75(2) to only one property in a trust can taint all the other trust property 158

9 October 2015 APFF Financial Strategies and Financial Instruments Roundtable Q. 8, 2015-0593091C6 F - Assumption of a debt by a beneficiary of a trust

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12 December 2014 External T.I. 2013-0511391E5 F - Deemed disposition of capital interest in personal trust

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) push-down onto property distributed by inter vivos personal trust of s. 70(5)(b) cost of indefeasibly vested capital interest in the trust 174

10 October 2014 APFF Roundtable, 2014-0538261C6 F - Disposition of capital interest/personal trust

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Cost Amount note issuance is not trust property distribution 201
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) non-deductibility on note issued to beneficiary 176

16 June 2014 STEP Roundtable Q. 8, 2014-0526551C6 - STEP CRA Roundtable Q8 - June 2014

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27 January 2014 Internal T.I. 2012-0472161I7 - Gifts by Will

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts gifts. v. distributions made to charities 198
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(5) gifts. v. distributions made to charities 62

19 December 2013 External T.I. 2013-0503481E5 - Distribution of property by a trust

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Words and Phrases
distribution

19 November 2013 Internal T.I. 2013-0499021I7 - Distribution of property by a trust

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2 July 2013 External T.I. 2013-0488061E5 - 107(2) distribution

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23 January 2013 Internal T.I. 2012-0465081I7 - Subsection 107(2) – a disposition by a NR Trust

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2 June 2011 External T.I. 2011-0399501E5 - TCP distributed by N/R trust to N/R beneficiary

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30 April 2003 External T.I. 2002-015604 -

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9 January 1997 T.I. 963753

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29 July 1996 External T.I. 5-961381 -

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23 July 1996 External T.I. 5-960222 -

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24 July 1992 T.I. 921652 (March 1993 Access Letter, p. 75, ¶C104-041)

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22 July 1992 T.I. 920965 (March 1993 Access Letter, p. 75, ¶C104-040)

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4 March 1992 T.I. (Tax Window, No. 17, p. 20, ¶1783)

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90 C.R. - Q25

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ATR-38 (10 July 89)

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85 C.R. - Q.24

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85 C.R. - Q.25

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IT-209R "Inter-Vivos Gifts of Capital Property to Individuals Directly or Through Trusts"

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Wolfe D. Goodman, "Distributing Property That is Subject to a Life Interest, Before the 21st Anniversary", Goodman on Estate Planning, Vol. VII, No. 4, 1999, p. 562.

Hayhurst, "Transactions in Income and Capital Interests in Trusts", 1988 Conference Report, c. 38

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Subsection 107(2.001) - No rollover on election by a trust

Administrative Policy

16 June 2014 STEP Roundtable, 2014-0526581C6 - STEP CRA Roundtable - June 2014 - Q18

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11 July 2013 External T.I. 2012-0471061E5 - Subsection 107(2.001) election

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Subsection 107(2.002) - No rollover on election by a beneficiary

Administrative Policy

16 June 2014 STEP Roundtable, 2014-0526581C6 - STEP CRA Roundtable - June 2014 - Q18

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.001) property-by-property, election procedure 121
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.11) election procedure 59

11 October 2013 External T.I. 2013-0496431E5 - Subsection 107(2.002) election

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Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Subsection 107(2.01) - Distribution of principal residence

Administrative Policy

9 September 2013 External T.I. 2012-0464321E5 - Application of subsections 107(2) and 107(2.01)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (c.1) specified and non-specified beneficiaries 152

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Subsection 107(2.1) - Other distributions

Administrative Policy

19 January 2017 External T.I. 2015-0576751E5 F - Trust, Disposition of depreciable property, Assumption

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(e) s. 13(7)(e) applicable to s. 107(2.1) distribution but not s. 104(5) deemed disposition 257
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) s. 107(2) generally available where beneficiary assumes trust debt 158
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Personal Trust non-commital as to whether assumption of debt could constitute tainting consideration 175
Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) trust cannot have a NAL relationship with itself 39

13 April 2015 External T.I. 2012-0449141E5 F - Usufruct

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) 75(2) applies to termination of usufruct 168
Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) application of trust provisions to creation of usufruct 93

2010 Ruling 2009-0330901R3 - Reorganization of XXXXXXXXXX

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 53 - Subsection 53(2) - Paragraph 53(2)(h) - Subparagraph 53(2)(h)(i.1) no ACB reduction for capital gain distributed to Trust parent on repurchase of most Trust units notwithstanding parent amalgamation before Trust year end 408
Tax Topics - Income Tax Act - Section 80 - Subsection 80(1) - Forgiven Amount no forgiven amount on transfer by unit trust to its parent of debt owing by parent 34

1 April 1993 T.I. (Tax Window, No. 29, p. 20, ¶2461)

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4 February 1992 T.I. (Tax Window, No. 16, p. 5, ¶1728)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 52 - Subsection 52(6) 69

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Goodman, "The Tax Treatment of Commercial Trusts", 1989 Canadian Tax Journal, July-August issue, p. 1053

Hayhurst, "Transactions in Income and Capital Interests in Trusts", 1988 Conference Report, c. 38

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Subsection 107(2.11) - Gains not distributed to beneficiaries

Administrative Policy

16 June 2014 STEP Roundtable, 2014-0526581C6 - STEP CRA Roundtable - June 2014 - Q18

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.001) property-by-property, election procedure 121
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.002) election procedure, gain if election 218

11 July 2013 External T.I. 2012-0471061E5 - Subsection 107(2.001) election

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Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Subsection 107(3) - Application of subsection (3.1)

Articles

Mitchell, Sherman, "SIFT Update - Conversions and Normal Growth", Corporate Finance, 2009, p. 1678.

Subsection 107(4.1) - Where subsection 75(2) applicable to trust

Administrative Policy

12 May 2016 External T.I. 2014-0552341E5 - Subsection 107(4.1)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) tainting effect of one 75(2) property 82

3 June 2011 STEPs Roundtable Q. 2, 2011-0401831C6 - 2011 STEP Conference-Q2-Trusts & Principal Res.

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7 August 1992 T.I. 921506 (May 1993 Access Letter, p. 197, ¶C56-227; Tax Window, No. 23, p. 18, ¶2126)

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22 July 1992, T.I. 920736 (March 1993 Access Letter, p. 71, ¶C56-219)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) 58

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Beneficiaries Resident in Canada", Chapter 4 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Subsection 107(5) - Distribution to non-resident

Administrative Policy

4 January 2013 External T.I. 2012-0442741E5 - Distribution from a NR trust to a NR beneficiary

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ATR-70, 21 March 1996 "Distribution of Taxable Canadian Property by a Trust to a Non-Resident"

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