(2)-(35)

Table of Contents

Articles

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 - 101-110 - Section 107 - Subsection 107(1) 144
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 - Articles of Treaties - Article 29B 239
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 248(2) - Tax payable

Cases

R. v. Simmons, 84 DTC 6171 (Nfld. Prov. Ct.)

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Tax Topics - Income Tax Act - Section 244 - Subsection 244(4) 35

Subsection 248(3) - Property subject to certain Quebec institutions and arrangements

Cases

Canada v. Construction Bérou Inc., 99 D.T.C 5869 (FCA)

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Administrative Policy

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

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Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) 75(2) applies to termination of usufruct 168
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.1) 107(2.1) application to termination of usufruct created for valuable consideration 124

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

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Tax Topics - Income Tax Act - Section 54 - Principal Residence usufructuary of duplex unit (with her right acquired pre-1991) entitled to claim principal residence exemption on post-1991 disposition 159
Tax Topics - General Concepts - Ownership usufructuary of duplex unit was de facto owner thereof 65

Paragraph 248(3)(a)

Administrative Policy

20 April 2017 External T.I. 2016-0672501E5 F - Usufruct and Use of capital of a trust by a spouse

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) - Paragraph 70(6)(b) - Subparagraph 70(6)(b)(ii) right of the bare owner of property, subject to a usufruct in favour of a surviving spouse, to dispose of his bare ownership does not preclude a spousal trust 145

Subsection 248(4) - Interest in real property

Administrative Policy

16 March 2015 Internal T.I. 2013-0479861I7 - Section 116 & forfeited deposits on real property

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(5) forfeited sale deposit was proceeds of security interest rather than of tcp 235
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (b) forfeited sale deposit was proceeds 77

13 September 2012 CICA Compliance Roundtable, 2012-0453021C6 - Taxable Canadian Property

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2001 Ruling 2001-008388 -

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18 January 1993 External T.I. 5-921718 -

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December 1990 TI 1990-240

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15 January 1987 TI 7-1282

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Subsection 248(5) - Substituted property

Cases

Canada v. Sommerer, 2012 DTC 5126 [at 7219], 2012 FCA 207

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) Austrian foundation likely not a trust 175
Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) does not apply to FMV purchases 230
Tax Topics - Treaties treaty applies to economic double taxation 338
Tax Topics - Treaties - Articles of Treaties - Article 13 attributed gain not included 393

See Also

St-Pierre c. La Reine, 2008 DTC 3730, 2007 TCC 90

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Administrative Policy

22 June 2016 Internal T.I. 2016-0632821I7 F - 93(2.01) & Capital Contribution

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Words and Phrases
substituted
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 93 - Subsection 93(2.01) a contribution of FA1 shares to FA2 causes the FA2 shares to be substituted property for s. 93(2.01) purposes 183
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) inter-affiliate loan generating deemed active business funded out of an interest-free loan from Canco 103

25 September 2013 Internal T.I. 2013-0476311I7 F - 93(2), 93(2.01) - Share substituted

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10 May 2013 Internal T.I. 2012-0464901I7 - 93(2), 93(2.01) - Share substituted

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6 April 1992 T.I. 920265 (March 1993 Access Letter, p. 71 ¶C56-218; Tax Window, No. 18, p. 1, ¶1852)

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15 January 1992 T.I. (Tax Window, No. 15, p. 12, ¶1700)

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Subsection 248(6) - “Class” of shares issued in series

See Also

Bowater Canadian Ltd. v. R.L. Crain Inc. (1987), 62 OR (2d) 752 (C.A.)

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Subsection 248(7) - Receipt of things mailed

See Also

Canada v. Schafer, 2000 DTC 6542 (FCA)

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Sameden Oil of Canada, Inc. v. Provincial Treasurer of Alberta (1993), 102 DLR (4th) 125 (Alta. C.A.)

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Words and Phrases
file

Rolling v. Willann Investments Ltd. (1989), 63 DLR (4th) 760 (Ont CA)

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Subsection 248(8) - Occurrences as a consequence of death

Articles

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 - 101-110 - Section 107 - Subsection 107(1) 144
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 - Articles of Treaties - Article 29B 239
Tax Topics - Income Tax Act - Section 248 - (2)-(35) 157
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

Paragraph 248(8)(a)

See Also

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

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership residuary beneficiary had no ownership of estate property 94
Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) residuary beneficiary did not acquire as a consequence of death 224

Husel Estate v. The Queen, 94 DTC 1765 (TCC)

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) 49

Administrative Policy

6 June 2017 External T.I. 2015-0617331E5 F - TFSA - Exempt Contribution

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Tax Topics - Income Tax Act - Section 207.01 - Subsection 207.01(1) - Exempt Contribution - Paragraph (b) payment of family-law debt out of TFSA to surviving spouse would occur as a consequence of the deceased’s death 298
Tax Topics - Income Tax Act - Section 248 - Subsection 248(23.1) - Paragraph 248(23.1)(a) payment of family-law obligation of deceased to surviving spouse out of deceased's TFSA could qualify 79

11 May 2017 External T.I. 2016-0679751E5 F - TFSA - Exempt Contribution

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Tax Topics - Income Tax Act - Section 207.01 - Subsection 207.01(1) - Exempt Contribution - Paragraph (b) a “survivor payment” can be made out of the deceased’s TFSA even where this occurs in the executor’s discretion 196

10 June 2016 STEP Roundtable Q. 10, 2016-0645781C6 - US Revocable Living Trusts

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) U.S. revocable living trust is not a bare trust 155
Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) transfer to remainder beneficiary of a U.S. revocable living trust on death does not occur as a consequence of death 122

16 December 2014 External T.I. 2014-0539841E5 F - Testamentary Trust

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Testamentary Trust transfer from one testamentary trust to another pursuant to a will direction treated as a non-tainting contribution from the deceased 144

12 June 2012 STEP CRA Roundtable, 2012-0442931C6 - 2012 STEP Question 8

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11 January 2012 STEP Roundtable, 2011-0402291C6 - Subsection 248(8)-Intestacy-Transfer of Property

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 60 - Paragraph 60(l) 104
Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) non pro rata allocations to beneficiaries 120

5 May 1995 T.I. 950098 (C.T.O. "Assumption of Liabilities")

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) 66

17 August 1994 T.I. 941053 (C.T.O. "Trusts - 'As a Consequence of the Taxpayer's Death'")

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) 39

Articles

Hoffstein, Lee, "Restructuring the Will and the Testamentary Trust: Methods, Underlying Legal Principles and Tax Considerations", Estates and Trust Journal, Volume 13, 1993, p. 42.

Paragraph 248(8)(b)

Cases

Biderman v. The Queen, 2000 DTC 6149, 2001 FCA 269 (FCA)

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Tax Topics - Income Tax Act - Section 160 - Subsection 160(1) conduct subsequent to death inconsistent with disclaimer 146

See Also

Lewski v Commissioner of Taxation, [2017] FCAFC 145

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense obligation to pay purchase price was incurred on agreement date rather than subsequent closing 382
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(24) an alternate resolution that the taxpayer was not entitled to an income distribution if Revenue denied a trust deduction made her entitlement contingent and non-includible 356
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) a trust income declaration that was subject to a tax contingency did not result in an income inclusion to the beneficiary 145
Tax Topics - General Concepts - Agency knowledge of agent imputed to principal 206

Ginsburg v. MNR, 92 DTC 1774 (TCC)

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(24) income payable even before amount ascertained 234

Sembaliuk v. Sembaliuk (1984), 43 R.F.L. (2d) 425 (Alta. C.A.)

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Montreal Trust Co. v. Matthews, [1979] 3 WWR 621 (BCSC)

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Administrative Policy

10 April 1997 T.I. 970618

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9 March 1992 T.I. (Tax Window, No. 17, p. 9, ¶1788)

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8 March 1991 T.I. (Tax Window, No. 1, p. 21, ¶1152)

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22 February 1990 T.I. (July 1990 Access Letter, ¶1348)

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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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Words and Phrases
disclaimer

Paragraph 248(8)(c)

Administrative Policy

S6-F2-C1 - Disposition of an Income Interest in a Trust

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Subsection 248(10) - Series of transactions

Cases

Groupe Honco Inc. v. Canada, 2014 DTC 5006, 2013 FCA 128, aff'g 2013 DTC 1032 [at 149], 2012 TCC 305, infra

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 83 - Subsection 83(2.1) two or three main purposes 65

Copthorne Holdings Ltd. v. Canada, 2012 DTC 5006 [at 6536], 2011 SCC 63, [2011] 3 S.C.R. 721

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Tax Topics - General Concepts - Stare Decisis high threshold for reversing not met 169
Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit 297
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) policy of s. 87(3) is to avoid preservation of PUC on parent and sub amalgamation 356
Tax Topics - Statutory Interpretation - Expressio Unius est Exclusio Alterius 105

Toronto-Dominion Bank v. Canada, 2011 DTC 5125 [at 6061], 2011 FCA 221, [2011] 6 CTC 19

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Lipson v. Canada, 2007 DTC 5172, 2007 FCA 113, aff'd 2009 DTC 5015 [at 5528], 2009 SCC 1

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Canada Trustco Mortgage Co., v. The Queen, 2005 DTC 5523, [2005] 2 S.C.R. 601, 2005 SCC 54

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Words and Phrases
contemplation
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(1) - Tax Benefit 126
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) policy of CCA provisions relied on cost irrespective of risk mitigation 207
Tax Topics - Statutory Interpretation - Certainty 127
Tax Topics - Statutory Interpretation - Ordinary Meaning primacy to ordinary meaning if unequivocal 90

OSFC Holdings Ltd. v. Canada, 2001 DTC 5471, 2001 FCA 260

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See Also

Oxford Properties Group Inc. v. The Queen, 2016 TCC 204

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) no abuse in using 88(1)(d) bump to avoid s. 100 after 3-year s. 69(11) period 537
Tax Topics - Income Tax Act - Section 97 - Subsection 97(2) purpose not to tax underlying recapture on subsequent LP unit sale 415
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) purpose: to push down ACB of shares of sub to qualifying non-depreciable property 474
Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 45(2) subsequent amendment shed light on scope of previous version 99
Tax Topics - Income Tax Act - Section 100 - Subsection 100(1) S. 100 operates only on outside basis gain 278
Tax Topics - Income Tax Act - Section 69 - Subsection 69(11) Parliament provided safe harbour for sales after 3 years 197
Tax Topics - Income Tax Act - Section 98 - Subsection 98(3) - Paragraph 98(3)(c) purpose: to preserve high outside basis through push down 285

Pièces automobiles Lecavalier Inc. v. The Queen, 2014 DTC 1126 [at 3319], 2013 TCC 310

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Tax Topics - General Concepts - Evidence Canadian tax accountant's testimony on US tax consequences accorded little weight 138
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) debt-paydown transactions were avoidance transactions 236
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) avoidance of debt forgiveness rules was abusive 247

MIL (Investments) S A v. The Queen, 2006 DTC 3307, 2006 TCC 460, aff'd 2007 FCA 236

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Canutilities Holdings Ltd. v. The Queen, 2003 DTC 1029 (TCC), rev'd in part 2004 DTC 6475, 2004 FCA 234

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Les Placements E&R Simard Inc. v. The Queen, 97 DTC 1328 (TCC)

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Craven v. White, [1988] BTC 268 (HL)

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Words and Phrases
series of transactions
Locations of other summaries Wordcount
Tax Topics - General Concepts - Tax Avoidance 181

Administrative Policy

24 October 2012 Internal T.I. 2012-0456711I7 F - Inadmissibilité à la déduction pour GC

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(7) 43
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.2) no retroactive adjustment of capital gains exemption 107

17 November 2000 External T.I. 1999-000858 -

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23 August 1991 T.I. (Tax Window, No. 8, p. 21, ¶1409)

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9 May 1990 Meeting (October 1990 Access Letter, ¶1474)

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3 November 89 T.I. (April 90 Access Letter, ¶1172)

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Articles

Justice Marshall Rothstein, "An Overview of the Supreme Court of Canada", Bulletin for International Taxation (IBFD), January/February 2016, p. 20.

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Benjamin Alarie, Julia Lockhart, "The Importance of Family Resemblance: Series of Transactions After Copthorne", Canadian Tax Journal (2014) 62:1, 273-99.

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David M. Williamson, Michael H. Manly, "Subsection 69(11) - Unexpected Problems from Inappropriate Positions", Corporate Structures and Groups, Vol. V, No. 4, 1999, p. 285.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 69 - Subsection 69(11) 0

Thivierge, "Emerging Income Tax Issues", 1993 Conference Report, c. 4

J. Tiley, "Series of Transactions", 1988 Conference Report, c.8.

Subsection 248(16) - Goods and services tax — input tax credit and rebate

Administrative Policy

27 November 2014 External T.I. 2013-0503861E5 F - Application du paragraphe 248(16)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) - Paragraph 85(1)(e) ETA s. 193 ITC generated on drop-down does not reduce UCC at that time 185

3 January 1992 T.I. (Tax Window, No. 15, p. 24, ¶1683)

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19 August 1991 Memorandum (Tax Window, No. 8, p. 12, ¶1395)

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22 March 1991 T.I. (Tax Window, No. 1, p. 7, ¶1164)

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Subsection 248(18) - Goods and services tax — repayment of input tax credit

Administrative Policy

19 August 1991 Memorandum 911368(E)

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Subsection 248(20) - Partition of property

Administrative Policy

9 June 2015 External T.I. 2014-0554381E5 F - Copropriété par indivision - partage de biens

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Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1.3) partition did not reset original date of acquisition of property in co-ownership 139

25 September 2000 External T.I. 2000-0038595 -

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1996 Ruling 961817 Renewed as 970265 [partition of securities holdings]

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27 April 1998 Memorandum 980456 [partition of milk quota]

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23 December 1992 T.I. (Tax Window, No. 27, p. 20, ¶2341) [partition of non-adjacent properties]

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24 February 1992 Memorandum (Tax Window, No. 13, p. 17, ¶1622)

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23 October 1991 T.I. (Tax Window, No. 12, p. 18, ¶1552)

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Subsection 248(21) - Subdivision of property

Administrative Policy

2011 Ruling 2011-0408781R3 - Partition of Property - Land and Buildings

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1 September 2010 External T.I. 2009-0338641E5 - Partition of property

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8 August 2005 External T.I. 2005-0145251E5 -

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2003 Ruling 2003-003336 -

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2003 Ruling 2003-000951 -

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28 October 2002 External T.I. 2002-013478 -

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17 September 1996 T.I. 962525 (C.T.O. "ACB of Partitioned Interest")

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12 July 1995 T.I. 942878 (C.T.O. "General Scheme of Partition")

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1994 A.P.F.F. Round Table, Q. 31

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27 January 1992 T.I. (Tax Window, No. 15, p. 18, ¶1687)

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8 January 1992 T.I. (Tax Window, No. 15, p. 17, ¶1686)

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Articles

McMullen, "Tax Considerations in the Reorganization of Partnerships", 1994 Corporate Management Tax Conference Report, c. 6.

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Tax Topics - Income Tax Act - Section 97 - Subsection 97(2) 0

Subsection 248(22) - Matrimonial regimes

Administrative Policy

Tax Professionals Mini Round Table - Vancouver - Q. 32 (March 1993 Access Letter, p. 110)

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Subsection 248(23.1)

Paragraph 248(23.1)(a)

Administrative Policy

6 June 2017 External T.I. 2015-0617331E5 F - TFSA - Exempt Contribution

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Tax Topics - Income Tax Act - Section 207.01 - Subsection 207.01(1) - Exempt Contribution - Paragraph (b) payment of family-law debt out of TFSA to surviving spouse would occur as a consequence of the deceased’s death 298
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(a) legacy of residue (which included the residence) could be satisfied with TFSA of deceased 91

Subsection 248(24) - Accounting methods

Administrative Policy

7 August 1991 T.I. (Tax Window, No. 7, p. 18, ¶1386)

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Subsection 248(25) - Beneficially interested

Cases

Canada v. Propep Inc., 2010 DTC 5088 [at 6882], 2009 FCA 274

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Administrative Policy

28 June 2017 External T.I. 2016-0653921E5 F - Beneficiary/person beneficially interested

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(3) a testamentary trust could be a beneficiary or beneficially interested in an estate 98

10 October 2014 APFF Roundtable Q. 4, 2014-0538231C6 F - 2014 APFF Roundtable, Q. 4 - Beneficially interested

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10 October 2014 APFF Roundtable, 2014-0538021C6 F - Meaning of beneficiary

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(5) - Paragraph 55(5)(e) - Subparagraph 55(5)(e)(ii) beneficiary under s. 55(5)(e)(ii) includes beneficially interested under s. 248(25)(a) 260

8 October 2004 APFF Roundtable Q. 28, 2004-0086961C6 -

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(5) - Paragraph 55(5)(e) - Subparagraph 55(5)(e)(ii) s. 248(25)(a) does not expand "beneficiary" in s. 55(5)(e)(ii) 61

26 June 2012 External T.I. 2011-0417391E5 F - Bien remis à une fiducie

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Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Testamentary Trust appointment by inter vivos trust 266

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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Michael Goldberg, "Not Quite Chicken Soup – Part II: Are Powers to Add and Remove Beneficiaries Safe for Canadian Family Trust Precedents", Tax Topics, Number 2175, November 14, 2013, p.1.

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Subsection 248(25.1) - Trust-to-trust transfers

Administrative Policy

10 February 2003 External T.I. 2003-014702 -

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Subsection 248(25.4)

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 248(26) - Debt obligations

Cases

Imperial Oil Ltd. v. Canada, 2004 DTC 6702, 2004 FCA 361, rev'd 2006 SCC 46

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Administrative Policy

20 May 2014 External T.I. 2013-0516121E5 F - Debt forgiveness

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Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) - Subparagraph 12(1)(x)(iv) BIA settlement of GST interest and penalties included under s. 12(1)(x)(iv) 149
Tax Topics - Income Tax Act - Section 12 - Subsection 12(2.2) s. 12(1)(x)(iv) inclusion from BIA settlement of GST interest and penalties could be offset against related expense 149
Tax Topics - Income Tax Act - Section 80 - Subsection 80(1) - Commercial Debt Obligation BIA settlement of unremitted GST interest 121
Tax Topics - Income Tax Act - Section 9 - Forgiveness of Debt BIA settlement of unremitted GST on sales was on capital account 78

Subsection 248(28) - Limitation respecting inclusions, deductions and tax credits

Cases

Bakorp Management Ltd. v. Canada (National Revenue), 2016 FCA 74

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Tax Topics - Income Tax Act - Section 187 - Subsection 187(2) overpayment of Part IV tax for a subsequent year did not cut off interest for its underpayment in the previous year before application of the overpayment by CRA 373

Holder v. Canada, 2004 DTC 6413, 2004 FCA 188

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Kruco Inc. v. The Queen, 2001 DTC 668 (TCC), aff'd 2003 FCA 284

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MNR v. Chrysler Canada Ltd., 92 DTC 6346 (FCTD)

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R. v. Inland Revenue Commissioners, ex parte Woolwich Equitable Buildings Society, [1990] BTC 490 (HL)

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Robertson v. The Queen, 90 DTC 6070 (FCA)

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Canadian Pacific Ltd. v. The Queen, 88 DTC 6265, [1988] 1 CTC 429 (FCA)

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.1) 35

The Queen v. Thyssen Canada Ltd., 87 DTC 5038, [1987] 1 CTC 112 (FCA)

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Bye v. Coren, [1985] BTC 7 (HC), aff'd [1986] BTC 330 (C.A.)

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Furniss v. Dawson, [1984] BTC 71 (HL)

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The Queen v. Robichaud, 83 DTC 5265, [1983] CTC 195 (FCTD)

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Gillespie v. The Queen, 82 DTC 6334, [1982] CTC 378 (FCA)

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Noranda Mines Ltd. v. The Queen, 82 DTC 6212, [1982] CTC 226 (FCTD), aff'd 85 DTC 5001, [1984] CTC 659 (FCA)

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IRC v. Garvin, [1981] 1 WLR 793 (HL)

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Tax Topics - General Concepts - Estoppel 48

R. v. Malloney’s Studio Ltd., 79 DTC 5124, [1979] CTC 206, [1979] 2 S.C.R. 326

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Quebec North Shore Paper Co. v. The Queen, 78 DTC 6426, [1978] CTC 628 (FCTD)

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Tax Topics - Income Tax Act - Section 10 - Subsection 10(2) 121

Perrault v. The Queen, 78 DTC 6272, [1978] CTC 395 (FCA)

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Denison Mines Ltd. v. Minister of National Revenue, 74 DTC 6525, [1974] CTC 737, [1976] 1 S.C.R. 245

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F.S. Securities, Ltd. v. C.I.R. (1964), 41 TC 688 (HL)

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Minister of National Revenue v. Trans-Canada Investment Corporation Ltd., 55 DTC 1191, [1955] CTC 275, [1956] S.C.R. 49

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See Also

101139810 Saskatchewan Ltd. v. The Queen, 2017 TCC 3

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) s. 55(2) assessment of corporate tax on bad butterfly confirmed notwithstanding same accrued gain reported at individual shareholder level 452
Tax Topics - Income Tax Act - Section 55 - Subsection 55(5) - Paragraph 55(5)(f) 55(5)(f) designation may be made after assessment under s. 55(2) 245

Létourneau v. The Queen, 2010 DTC 1098 [at 3020], 2009 TCC 614 (Informal Procedure)

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Beament et al. v. Minister of National Revenue, 70 DTC 6130, [1970] CTC 193, [1970] S.C.R. 680

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Consoltex Inc. v. The Queen, 97 DTC 724 (TCC)

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Pezzelato v. The Queen, 96 DTC 1285 (TCC)

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Attis v. MNR, 92 DTC 1128 (TCC)

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Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.6) 76

Marcantonio v. MNR, 91 DTC 917 (TCC)

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Administrative Policy

4 March 2015 External T.I. 2014-0562151E5 F - Frais de psychothérapie – dépense d'entreprise

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Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose “but for” test applied to determine deductibility/potentially creditable item can instead be expense 174

10 October 2014 APFF Roundtable Q. 21, 2014-0538091C6 F - 2014 APFF Roundtable, Q. 21 - Impact of the Descarries Case

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) Descarries failed to recognize scheme against indirect surplus stripping 696
Tax Topics - Income Tax Act - Section 84 - Subsection 84(2) Descarries failed to recognize breadth of s. 84(2) 517

30 October 2014 External T.I. 2013-0488881E5 - Upstream Loan

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31 August 2011 External T.I. 2011-0415891E5 F - Increase in stated capital, stock dividends -55(2)

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2003 Ruling 2003-002803 -

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Tax Topics - Income Tax Act - Section 49 - Subsection 49(3) 155

29 April 2003 External T.I. 2003-00646 -

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26 February 2003 External T.I. 2003-000879 -

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11 April 2001 External T.I. 1999-000700 -

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Tax Topics - Income Tax Act - Section 142.5 - Subsection 142.5(1) 53

2000 December TEI Roundtable Q. 24, 2000-005649 -

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10 August 2000 External T.I. 2000-001687 -

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12 November 1992 Memorandum (Tax Window, No. 27, p. 7, ¶2330)

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11 June 1991 T.I. (Tax Window, No. 4, p. 8, ¶1297)

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Tax Topics - Income Tax Act - Section 80 - Subsection 80(4) 17

11 September 89 T.I. (February 1990 Access Letter, ¶1109)

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86 C.R. - Q.39

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Tax Topics - Income Tax Act - Section 67 42

85 C.R. - Q.6

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Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) 17

84 C.R. - Q.46

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81 C.R. - Q.3

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IT-369R "Attribution of Trust Income to Settlor"

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Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) 108

IT-462 "Payments Based on Production or Use"

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Subparagraph 248(30)

Subsection 248(32) - Amount of advantage

Cases

Canada v. Castro, 2015 DTC 5113 [at 6266], 2015 FCA 225, rev'g sub nom. David v. The Queen, 2014 DTC 1111 [at 3236], 2014 TCC 117

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Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts inflated charitable receipt not a "benefit" vitiating a gift (donative intent issue not properly raised) 145
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(2) inflated charitable receipt was invalid 171
Tax Topics - Income Tax Regulations - Regulation 3501 inflated charitable receipt was invalid 171
Tax Topics - Statutory Interpretation - Interpretation Act - Section 16 Regs read in context of enabling legislation 70
Tax Topics - Statutory Interpretation - Interpretation Act - Section 32 inflated charitable receipt not an "advantage" 114

Administrative Policy

Subsection 248(34)

Subsection 248(35) - Deemed fair market value

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 - 101-110 - Section 107 - Subsection 107(2) delegation of power of appointment to promoter not authorized 222
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts no gift where no intent for impoverishment and where gifted property not yet identified 526

Administrative Policy

10 October 2014 APFF Roundtable Q. 10, 2014-0538641C6 F - 2014 APFF Roundtable, Q. 10 - Application of 248(35), (36) and (37)(g).

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(36) bequest on FMV basis 96

16 October 2012 External T.I. 2012-0454451E5 - Donation of flow-through shares

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Paragraph 248(35)(b)

Subparagraph 248(35)(b)(i)

Administrative Policy

18 May 2017 Roundtable, 2017-0692361C6 - CLHIA 2017 Q4 - Gift of a life insurance policy

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(36) adjusted cost basis of policy is a reasonable proxy for its cost 432

Subsection 248(36) - Non-arm’s length transaction

Administrative Policy

18 May 2017 Roundtable, 2017-0692361C6 - CLHIA 2017 Q4 - Gift of a life insurance policy

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Words and Phrases
cost
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Tax Topics - Income Tax Act - Section 248 - Subsection 248(35) - Paragraph 248(35)(b) - Subparagraph 248(35)(b)(i) gifted policy deemed to have its nil adjusted cost basis to the NAL transferor to the donor 287

10 October 2014 APFF Roundtable Q. 10, 2014-0538641C6 F - 2014 APFF Roundtable, Q. 10 - Application of 248(35), (36) and (37)(g).

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(35) s. 248(35) does not apply where gifted property previously was bequested on s. 70(6) rollover basis 61

Subsection 248(37)

Paragraph 248(37)

Paragraph 248(37)(e)

Paragraph 248(37)(f)

Subsection 248(38)

Subsection 248(39)

Subsection 248(41)