Section 111

Subsection 111(1) - Losses deductible

Paragraph 111(1)(a) - Non-capital losses

Cases

The Queen v. Merali, 88 DTC 6173, [1988] 1 CTC 320 (FCA)

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Oceanspan Carriers Ltd. v. The Queen, 87 DTC 5102, [1987] 1 CTC 210 (FCA)

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See Also

Hatt v. The Queen, 2015 TCC 207 (Informal Procedure)

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Administrative Policy

2016 Ruling 2016-0652041R3 - Loss consolidation arrangement

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) s. 55(2) ruling re dividends on preferred shares used in loss shift 150

9 August 2016 Internal T.I. 2014-0526171I7 - Resettlement of a Trust

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition sale of the two interests in a commercial trust to a 3rd party gave rise to a new trust given that this not contemplated when trust settled 370
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) sale of trust with losses to 3rd party was abusive 147

2015 Ruling 2015-0582101R3 - loss utilization

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2015 Ruling 2015-0604071R3 - Loss Consolidation Arrangement

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(b) loss shifting transaction not affected 85

19 August 2015 External T.I. 2015-0589611E5 - loss consolidation arrangements

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2015 Ruling 2014-0559181R3 - Internal Reorganization

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) business division spin-offs by indirect public corp sub to new sisters 311

2014 Ruling 2013-0516071R3 - Reorganization

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Tax Topics - Income Tax Act - Section 34.2 - Subsection 34.2(14) transfer by Profitco of profitable LP to Lossco which is affiliated by virtue of common NR indirect parent 92
Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) transfer of profitable LP to Lossco followed by allocation of previously-earned profits of LP to Lossco 87

2014 Ruling 2014-0543911R3 - loss consolidation

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2015 Ruling 2014-0563151R3 - Loss consolidation

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2013 Ruling 2013-0498551R3 - Loss Consolidation

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Tax Topics - Income Tax Act - Section 80 - Subsection 80(1) - Forgiven Amount no forgiven amount on loan transfer to debtor 68

2014 Ruling 2014-0525441R3 - loss consolidation arrangement

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2 December 2014 CTF Roundtable, Q2(a)

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Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) positive spread/independent servicing source in loss consolidations 165

2 December 2014 CTF Roundtable, Q2(b)

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2 December 2014 CTF Roundtable, Q2(c)

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2014 Ruling 2014-0518451R3 - Loss consolidation

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2014 Ruling 2013-0511991R3 - Loss consolidation

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Tax Topics - Income Tax Act - Section 88 - Subsection 88(1.1) s. 88(1.1) loss transfer not effective until articles of dissolution 124

13 June 2014 External T.I. 2014-0522251E5 - Independent source of income for loss utilization

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2013 Ruling 2013-0512321R3 - Loss Consolidation

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2013 Ruling 2013-0504301R3 - Loss Consolidation

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) provincial GAAR ruling re loss shift 111

2014 Ruling 2013-0483491R3 - Loss Consolidation Arrangement

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2013 Ruling 2012-0458091R3 - XXXXXXXXXX - loss consolidation

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2013 Ruling 2013-0496351R3 - Loss Consolidation

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Tax Topics - Income Tax Act - Section 88 - Subsection 88(1.1) Subco "has been wound up" when it is dissolved 81

2013 Ruling 2012-0472291R3 - Loss consolidation

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18 December 2012 Internal T.I. 2012-0461651I7 - Foreign Tax Credits - s. 126 vs. s. 110.5

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Tax Topics - Income Tax Act - 101-110 - Section 110.5 policy of s. 110.5 292

2012 Ruling 2012-0451431R3 - Loss Consolidation

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition addition of conversion right 115
Tax Topics - Income Tax Act - Section 51.1 intercompany debt conversion to senior and junior note and elimination of junior note 25
Tax Topics - Income Tax Act - Section 80.01 - Subsection 80.01(4) intercompany debt conversion to senior and junior note and elimination of junior note 276

2012 Ruling 2012-0439191R3 - Loss Consolidation

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5 October 2012 APFF Roundtable, 2012-0454061C6 F - Transfer of a Lossco to a related corporation

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Tax Topics - General Concepts - Fair Market Value - Shares non-capital losses of corporation taken into account in valuing its shares 152
Tax Topics - Income Tax Act - Section 50 - Subsection 50(1) lossco with no assets or liabilities cannot be insolvent 357
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1.1) lossco losses maintained on father-son or sibling transfers and s. 88(1.1) wind-up 208

2012 Ruling 2012-0437881R3 - Loss Utilization

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2012 Ruling 2011-0427951R3 - Loss Consolidation

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2012 Ruling 2012-0426581R3 -

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Income Tax Technical News No. 44 13 April 2011 [archived]

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Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) exchangeable debenture appreciation not recognized 90
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(f) exchangeable debenture appreciation not recognized 106
Tax Topics - Income Tax Act - Section 49 - Subsection 49(1) exchangeable debenture exercise 84
Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) FMV basis in contributed property 35
Tax Topics - Treaties - Income Tax Conventions - Article 10 use of s.à r.l. 123

2010 Ruling 2009-0332571R3 - Loss consolidation - related or affiliated

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) loss shift between related but unaffiliated corporations 153

2009 Ruling 2008-0289771R3 - Loss Consolidation

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17 December 2008 External T.I. 2007-0253031E5 - Loss Consolidation Arrangement

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27 May 1998, Chartered Accountants of Ontario Roundtable, 9811750

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12 April 1995 T.I. 9508595 [inventory roll-down to use non-capital losses]

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1994 A.P.F.F. Round Table, Q. 3

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1 December 1992 T.I. (Tax Window, No. 27, p. 9, ¶2319)

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2 October 1990 T.I. (Tax Window, Prelim. No. 1, p. 21, ¶1024)

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Articles

Vukets, "Structural Issues and Utilization of Domestic Loss Carryforward Pools", 1993 Conference Report, C. 23

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Paragraph 111(1)(b) - Net capital losses

Administrative Policy

21 March 2018 External T.I. 2017-0736291E5 - Interest calculation - loss substitutions

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Tax Topics - Income Tax Act - Section 161 - Subsection 161(7) - Paragraph 161(7)(b) interest not assessed on loss substitutions 213

24 July 2017 Internal T.I. 2017-0705801I7 - non-TCP net capital loss

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Tax Topics - Income Tax Act - Section 111 - Subsection 111(9) capital loss realized on emigration on non-TCP available for carryforward against TCP gain 180

14 August 2014 Internal T.I. 2013-0506691I7 - Capital Losses - Health & Welfare Trusts

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5 July 2013 External T.I. 2013-0479161E5 - Capital Loss Adjustment - 152(4)

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Paragraph 111(1)(e) - Limited partnership losses

Cases

Canada v. Green, 2017 FCA 107

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.1) business losses of lower-tier LPs flowed through upper-tier partnership 526
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) partnerships not taxpayers for ss. 3 and 111 purposes 39
Tax Topics - Income Tax Act - 101-110 - Section 102 - Subsection 102(2) ITA recognizes 2-tier partnerships 66

See Also

Green v. The Queen, 2016 DTC 1018 [at 2629], 2016 TCC 10

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Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.1) limited partnership losses flow through a 2-tier LP structure 475

Administrative Policy

31 May 2012 External T.I. 2012-0436521E5 - Ltd ptnp losses in stacked ptnsp

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25 February 2005 External T.I. 2004-0107981E5 - Limited Partnership Losses-Tiered Partnership

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14 May 2004 External T.I. 2004-0062801E5 - limited partnership losses- tiered partnership

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2 May 1994 External T.I. 5-940777 -

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92 C.M.TC - Q.11

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition may be no disposition on conversion of limited to general partnership 34

Articles

Joint Committee, "Response to Green case", 19 January 2018 Joint Committee Submission to Finance respecting the Green case

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Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.12) 49

Forster, "Limited Partnership Losses", Canadian Current Tax, June 1992, p. P57

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Subsection 111(2) - Year of death

Administrative Policy

21 November 2017 External T.I. 2017-0690651E5 - Net Capital Losses - Year of Death

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Articles

Sandra Bussey, Jim Barnett, "Capital Gains and Losses in the Year of Death", Tax for the Owner-Manager, Vol. I, No. 2, April 2001, p. 10.

Subsection 111(3) - Limitation on deductibility

Cases

CCLI (1994) INC v. Canada, 2007 DTC 5372, 2007 FCA 185

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Paragraph 111(3)(b)

Administrative Policy

17 May 1993 Memorandum (Tax Window, No. 31, p. 11, ¶2522)

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Subsection 111(4) - Acquisition of control

Administrative Policy

10 July 1997 External T.I. 5-971588 -

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Paragraph 111(4)(c)

Administrative Policy

7 October 2005 APFF Roundtable Q. 1, 2005-0140881C6 F - Acquisition of Control - Foreign Corp. - Losses

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Paragraph 111(4)(d)

Administrative Policy

94 C.P.T.J. - Q.25

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Tax Professionals Mini Round Table - Vancouver - Q. 11 (March 1993 Access Letter, p. 104)

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Paragraph 111(4)(e)

Administrative Policy

6 October 2017 APFF Roundtable Q. 15, 2017-0709141C6 F - Designation pursuant to paragraph 111(4)(e)

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7 October 2016 APFF Roundtable Q. 17, 2016-0652781C6 F - Functional currency and acquisition of control

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Tax Topics - Income Tax Act - Section 261 - Subsection 261(9) - Paragraph 261(9)(a) exclusion of pre-transition debts from s. 111(4) 96
Tax Topics - Income Tax Act - Section 40 - Subsection 40(10) exclusion of pre-transition debts 147

10 February 1995 T.I. 950069 (C.T.O."Paragraph 111(4) Amended Designation")

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10 February 1995 T.I. 942448 (C.T.O."Paragraphs 111(4)(c) & e")

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93 CR - Q. 22

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8 July 1992 External T.I. 5-922051 -

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13 February 1992 T.I. (Tax Window, No. 16, p. 19, ¶1747)

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90 C.R. - Q42

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90 C.R. - Q45

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88 C.R. - Q8

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Subsection 111(5) - Idem [Acquisition of control]

Cases

Yarmouth Industrial Leasing Ltd. v. The Queen, 85 DTC 5401, [1985] 2 CTC 67 (FCTD)

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Malka v. The Queen, 78 DTC 6144, [1978] CTC 219 (FCTD)

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See Also

A.G. of Canada v. Fallbridge Holdings Ltd. (1985), 31 BLR 57 (FCA)

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Administrative Policy

25 February 1999 External T.I. 5-990002 -

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Income Tax Technical News, No. 16

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93 C.R. - Q. 57

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88 C.R. - Q.43

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Articles

Joel A. Nitikman, "Who Has De Jure Control of a Corporation When Its Shares Are Held by a Limited Partnership?", 2011 Canadian Tax Journal, Vol 59, p. 765

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Tax Topics - Income Tax Act - Section 249 - Subsection 249(4) 63

Paragraph 111(5)(a)

Cases

Manac Inc. Corp. v. Canada, 98 DTC 6605 (FCA)

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Canada v. Diversified Holdings Ltd., 97 DTC 5203 (FCA)

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Tax Topics - Income Tax Act - Section 80 - Subsection 80(2) - Paragraph 80(2)(a) legally binding settlement required 125

The Queen v. Dorchester Drummond Corp. Ltd., 79 DTC 5163, [1979] CTC 219 (FCTD)

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Orlando v. The Minister of National Revenue, 62 DTC 1064, [1962] CTC 108, [1962] S.C.R. 261

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See Also

Birchcliff Energy Ltd. v. The Queen, 2015 TCC 232, nullified on procedural grounds 2017 FCA 89

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Words and Phrases
group of persons
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Tax Topics - General Concepts - Sham transitory share issuance under plan of arrangement was not a sham 167
Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) share subscription was avoidance transaction notwithstanding its "overarching purpose" was financing 142
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) abusive reverse takeover by Lossco through diverted private placement 251

NRT Technology Corp. v. The Queen, 2013 DTC 1021 [at 110], 2012 TCC 420, briefly aff'd 2013 DTC 5153 [at 6360], 2013 FCA 221

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No. 678 v. MNR, 60 DTC 45 (TAB)

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Maidment v. Kibby & Anor., [1993] BTC 291 (D)

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Montplaisir Ltée v. MNR, 92 DTC 2317 (TCC), aff'd , 2001 DTC 5366 (FCA)

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Queen & Metcalfe Carpark Ltd. v. MNR, 74 DTC 6007, [1973] CTC 810 (FCTD), aff'd [1976] CTC xvi (FCA)

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Jeffrey v. Rolls - Royce, Ltd. (1961), 40 TC 443 (HL)

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Utah Co. of Americas v. MNR, 59 DTC 1275, [1959] CTC 496 (Ex Ct)

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Frankel Corporation Ltd. v. Minister of National Revenue, 59 DTC 1161, [1959] CTC 244, [1959] S.C.R. 713

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Keir & Cawder, Ltd. v. C.I.R. (1958), 38 TC 23 (C.S. (1st Div.))

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Tax Topics - Income Tax Act - Section 9 - Compensation Payments 71

Canadian Fruit Distributors Ltd. v. MNR, 54 DTC 1145, [1954] CTC 284 (Ex. Ct.)

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Bell v National Provincial Bank of England, Limited, [1904] 1 KB 149 (CA)

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succeeded to

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2011 Ruling 2011-0392171R3 - XXXXXXXXXX

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2007 Ruling 2006-0198421R3 - Utilization of Losses - Acquisition Control

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Income Tax Technical News, No. 34, 27 April 2006 under "Sale of Tax Losses"

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Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) 56

7 October 2005 APFF Roundtable Q. 6, 2005-0140981C6 F - Loss Carryforward under subsection 111(5)

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Income Tax Technical News, No. 30, 21 May 2004

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17 February 2003 External T.I. 2003-000072 -

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24 March 1997 Memorandum 9705947

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17 October 1996 T.I. 962781

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Revenue Canada Round Table TEI, 16 May 1994, Q. 10 (C.T.O. 94 TEI Round Table Reasonable Expectation of Profit")

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19 May 1993 T.I. (Tax Window, No. 31, p. 12, ¶2524)

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17 May 1993 Memorandum (Tax Window, No. 31, p. 12, ¶2523)

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17 May 1993 Memorandum (Tax Window, No. 31, p. 2, ¶2508)

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September 1991 Memorandum (Tax Window, No. 9, p. 4, ¶1443)

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October 1990 T.I. 1990-128

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11 June 1990 T.I. (November 1990 Access Letter, ¶1530)

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13 February 1990 T.I. (July 1990 Access Letter, ¶1331)

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11 January 1990 T.I. 5-9152

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12 September 89 T.I. 5-8250

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89 C.R. - Q.37

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IT-206R "Separate Businesses"

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Tax Topics - Income Tax Act - Section 22 - Subsection 22(1) 8

Articles

Anu Nijhawan, "When is 'Loss Trading' Permissible: A Purposive Analysis of Subsection 111(5)", 2015 CTF Annual Conference paper

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Ian Gamble, "Income from a Business or Property: General Principles and Current Issues", 2014 Conference Report, Canadian Tax Foundation, 5:1-32

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Anthony Schiefer, "Buyer Beware - Structuring to Minimize to Minimize Capital Tax Consequences of a Share Purchase", Corporate Structures in Groups, Vol. IV. No. 1, p. 300

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Tax Topics - Income Tax Act - Section 181.2 - Subsection 181.2(3) 15

Cadesky, "Corporate Losses", 1990 Conference Report, c. 19.

Subparagraph 111(5)(a)(ii)

See Also

Leekes Ltd v HM Revenue & Customs, [2018] EWCA Civ 1185

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Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) acquired business was segregated from its expanded component 230

Paragraph 111(5)(b)

Subparagraph 111(5)(b)(ii)

See Also

Yarmouth Industrial Leasing Ltd. v. The Queen, 85 DTC 5401, [1985] 2 CTC 67 (FCTD)

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Tax Topics - Income Tax Act - Section 111 - Subsection 111(5) 23

Subsection 111(5.1) - Computation of undepreciated capital cost

Administrative Policy

25 April 1990 T.I. (September 1990 Access Letter, ¶1429)

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88 CPTJ - Q.24

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84 C.R. - Q.42

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84 C.R. - Q.43

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81 C.R. - Q.47

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Subsection 111(5.2)

Cases

Devon Canada Corporation v. The Queen, docket 2013-1066(IT)G, 2018 TCC 170

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Tax Topics - Income Tax Act - Section 14 - Subsection 14(5) - Eligible Capital Expenditure payments made to target’s employees for surrendering their options on target’s acquisition were mostly deductible by it 279
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) - Subparagraph 20(1)(e)(i) quaere whether “sale” includes a sale to a 3rd party 167
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition disposition of surrendered stock options occurred under doctrine of merger 287
Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base "cost" implies the acquisition of an asset 163

Subsection 111(5.5) - Restriction

Administrative Policy

2014 Ruling 2014-0523221R3 - Amalgamation of mutual funds

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Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(b) amalgamation of two mutual fund corporations each with capital losses 126
Tax Topics - Income Tax Act - Section 69 - Subsection 69(11) amalgamation of two mutual fund corporations each with capital losses 127

Subsection 111(8) - Definitions

Non-Capital Loss

Cases

Taylor v. The Queen, 88 DTC 6422 (F.CTC)

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Administrative Policy

11 October 2013 Roundtable, 2013-0495901C6 F - Limited partnership loss and non-capital loss

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22 May 1997 TI 970019

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3 July 1997 T.I. 963922

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5 September 1996 External T.I. 5-962696 -

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6 April 1993 T.I. (Tax Window), No. 30, p. 7, ¶2489)

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Tax Topics - Income Tax Act - Section 152 - Subsection 152(6) 37

24 June 1992 External T.I. 5-920948 -

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Tax Topics - Income Tax Act - Section 3 flow-through shares a source 82

30 August 1991 T.I. (Tax Window, No. 8, p. 7, ¶1427)

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24 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 23, ¶1104)

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20 April 1990 TI 5-9269

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Tax Topics - Income Tax Act - Section 3 53

90 C.R. - Q52

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Articles

Forster, "Administrative and Regulatory", Canadian Current Tax, March 1992, p. A7

A

Administrative Policy

2 September 2009 Internal T.I. 2009-0329251I7 F - Application du paragraphe 80(16)

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Tax Topics - Income Tax Act - Section 80 - Subsection 80(16) s. 80(16) designation under s. 80(11) increased s. 80(13) income inclusion 209
Tax Topics - Income Tax Act - Section 80 - Subsection 80(13) s. 80(13) income was from the debtor's business 28

Subsection 111(9) - Exception

Administrative Policy

24 July 2017 Internal T.I. 2017-0705801I7 - non-TCP net capital loss

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Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(b) emigration loss from non-TCP offsettable against post-emigration TCP gain 125

18 April 1990 T.I. (September 1990 Access Letter, ¶1428)

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IT-262R2 "Losses of Non-Residents and Part-Year Residents"

Subsection 111(12) - Foreign currency debt on acquisition of control

Administrative Policy

2 August 2016 External T.I. 2014-0544941E5 F - Interaction between ss. 111(12) and 80.01(3)

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Tax Topics - Income Tax Act - Section 80.01 - Subsection 80.01(3) deemed settlement under 80.01(3) before operation of 111(12) 143

S4-F7-C1 - Amalgamations of Canadian Corporations

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Tax Topics - Income Tax Act - Section 100 - Subsection 100(2.1) s. 100(2.1) applies to non-qualifying amalgamation 58
Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) deemed tcp following amalgamation 155
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5.1) continuity of s. 13(5.1) on amalgamation 126
Tax Topics - Income Tax Act - Section 165 - Subsection 165(1) Amalco can continue objection and receive refunds 145
Tax Topics - Income Tax Act - Section 169 Amalco can continue objection 97
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) reserve after amalgamation 50
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Shareholder shareholder need not hold shares 82
Tax Topics - Income Tax Act - Section 251 - Subsection 251(3.1) deemed non-arm's length relationship on amalgamation 164
Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(b) realted party, majority and 50% group exceptions 448
Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(iii) reserve after amalgamation 50
Tax Topics - Income Tax Act - Section 66.7 - Subsection 66.7(7) successoring where non-wholly owned amalgamation 85
Tax Topics - Income Tax Act - Section 69 - Subsection 69(13) no disposition of predecessor property on general principles 103
Tax Topics - Income Tax Act - Section 7 - Subsection 7(1.4) s. 87(5) not applicable 104
Tax Topics - Income Tax Act - Section 80.01 - Subsection 80.01(3) non-87 amalgamation/no FX gain 159
Tax Topics - Income Tax Act - Section 84 - Subsection 84(3) no deemed dividend to dissenter on amalgamation 81
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) election filing by Amalco 103
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1.1) s. 87(1.1) qualifies for all s. 87 purposes 60
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1.2) successoring where non-wholly owned amalgamation 85
Tax Topics - Income Tax Act - Section 87 - Subsection 87(10) deemed listing of temporary Amalco shares 114
Tax Topics - Income Tax Act - Section 87 - Subsection 87(11) gain if high PUC is sub shares 47
Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) presumptive satisfaction of s. 87(1)(a)/dissent and squeeze-outs onside 260
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(a) new corp/deemed year end coinciding or not with acquisition of control 0
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(b) Amalco must follow predecessor's valuation method subject to truer picture doctrine 58
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(c) reserve after amalgamation 103
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(d) cost amount carryover 135
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(e.1) s. 100(2.1) applies to non-qualifying amalgamation 58
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(o) no continuity rule for non-security options 133
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2) - Paragraph 87(2)(q) pre-amalgamation services 96
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.11) loss-carry back to parent 159
Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.1) dovetailing with s. 88(1.1) 38
Tax Topics - Income Tax Act - Section 87 - Subsection 87(3.1) 328
Tax Topics - Income Tax Act - Section 87 - Subsection 87(3) PUC shifts 181
Tax Topics - Income Tax Act - Section 87 - Subsection 87(4) fractional share cash/ACB or value shift/implied non-recognition for predecessor shares 247
Tax Topics - Income Tax Act - Section 87 - Subsection 87(7) dovetailing with s. 78 and 112(12) 171
Tax Topics - Income Tax Act - Section 87 - Subsection 87(9) allocation of s. 87(9)(c)(ii) excess as parent chooses 218
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) late designation 106
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1.1) dovetailing with s. 87(2.1) 56
Tax Topics - Income Tax Act - Section 98 - Subsection 98(5) partnership dissolution on amalgamation 123
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2.2) deemed non-arm's length relationship on amalgamation 415
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2) deemed non-arm's length relationship on amalgamation 323
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(14) class continuity on non-arm's length amalgamation 311
Tax Topics - Income Tax Regulations - Regulation 8503 - Subsection 8503(3) - Paragraph 8503(3)(b) pre-amalgamation services 96

Articles

Carrie Aiken, Johnson Tai, "Debt Restructuring Transactions – Issues, Strategies and Trends", 2016 CTF Annual Conference draft paper

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Carrie Smit, "Foreign Currency Debts and Acquisitions of Control: Beware the Unexpected Gain", International Tax (Wolters Kluwer CCH), February 2017, No. 9, p. 6

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Tax Topics - Income Tax Act - Section 40 - Subsection 40(11) 117