Subsection 13(1) - Recaptured depreciation
Administrative Policy
S3-F4-C1 - General Discussion of Capital Cost Allowance
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29 July 2015 Internal T.I. 2015-0575921I7 - Recapture arising in statute-barred years
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - E | negative UCC balance arising in statute-barred year becomes recapture in 1st open year | 251 |
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) | negative UCC balance arising in statute-barred year becomes recapture in 1st open year | 155 |
5 October 2012 Roundtable, 2012-0453201C6 F - Règles d'attribution- séparation & décès
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 74.5 - Subsection 74.5(3) | s. 74.5(3) busting of attribution occurs even if they were living separate and apart for under 90 days before the death to the transferee common-law spouse | 259 |
15 December 2011 Internal T.I. 2011-0413891I7 F - Récupération d'amortissement-Recapture CCA
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 129 - Subsection 129(4) - Income or Loss | reasonable to pro-rate recapture of depreciation between active business income and property income based on relative periods of use | 230 |
Subsection 13(4) - Exchanges of property
Cases
See Also
Gestions Calce Ltée v. Agence du revenu du Québec, 2019 QCCQ 7377
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Words and Phrases
principally| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Former Business Property | property was used more than 50% in active business of related lessee given actual use (in excess of written lease terms) | 321 |
Administrative Policy
4 November 2016 External T.I. 2016-0666901E5 - New Class 14.1 and replacement property rules
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Former Business Property | farm quota or other former ECP excluded | 46 |
84 C.R. - Q.85
Subsection 13(4.1) - Replacement for a former property
Administrative Policy
3 December 2019 CTF Roundtable Q. 14, 2019-0824481C6 - Replacement Property Rules
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 44 - Subsection 44(5) | a replacement property can be acquired before disposing of the former property | 133 |
1996 Tax Executives Institute Round Table, Q. XIV (No. 5 - 963910)
1 February 1990 T.I. (July 1990 Access Letter, ¶1321)
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 44 - Subsection 44(5) | 35 |
Paragraph 13(4.1)(b)
Administrative Policy
S3-F3-C1 - Replacement Property
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Words and Phrases
similar businessSubsection 13(4.3)
Administrative Policy
S3-F3-C1 - Replacement Property
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Subsection 13(5) - Reclassification of property
Administrative Policy
S3-F4-C1 - General Discussion of Capital Cost Allowance
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30 June 2000 External T.I. 1999-0013945 - Rental property
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1101 - Subsection 1101(1ac) | 40 |
10 April 1997 External T.I. 9704225 - RENTAL PROPERTY
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1101 - Subsection 1101(1ac) | non-arm's length transfer followed by rental | 112 |
7 June 1993 External T.I. 9308775 F - BIEN LOCATIF
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15 August 1990 T.I. 900372
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1101 - Subsection 1101(1ac) | 13(5) applies to move to separate class upon becoming a ental property | 117 |
Subsection 13(5.1) - Rules applicable
Administrative Policy
S4-F7-C1 - Amalgamations of Canadian Corporations
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3 May 2000 T.I. 993323
IT-464R "Capital Cost Allowance - Leasehold Interest"
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | 0 | |
| Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 13 | 0 |
Subsection 13(5.2) - Deemed cost and depreciation
Administrative Policy
2 April 2013 External T.I. 2012-0470591E5 F - Sale of automobile acquired after being leased
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(5.2) - Paragraph 13(5.2)(b) | the deemed s. 13(5.2)(b) cost addition is recognized for s. 13(2) purposes | 90 |
IT-233R "Lease-Option Agreements; Sale-Leaseback Agreements"
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 16 - Subsection 16(1) | 31 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 19 |
Paragraph 13(5.2)(b)
Administrative Policy
2 April 2013 External T.I. 2012-0470591E5 F - Sale of automobile acquired after being leased
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(5.2) | s. 13(5.2)(b) addition must be taken into account for s. 13(2) purposes, including re no recapture | 172 |
Subsection 13(5.4) - Idem [Deemed recapture]
Subsection 13(6) - Misclassified property
Administrative Policy
S3-F4-C1 - General Discussion of Capital Cost Allowance
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IT-190R2 "Capital Cost Allowance - Transferred and Misclassified Property".
Subsection 13(7) - Rules applicable
Paragraph 13(7)(a)
Cases
C.A.E. Inc. v. Canada, 2013 DTC 5084 [at 5944], 2013 FCA 92
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | characterization of depreciable property or inventory done on annual basis | 371 |
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | applied to conversion of depreciable property into inventory | 124 |
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Machinery and Equipment | 371 | |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(b) | 370 |
Administrative Policy
22 June 2015 Internal T.I. 2014-0553731I7 - Deduction of Terminal Loss - Wind-up
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) | deemed depreciable property in fact not used for income-producing purpose | 199 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(14) | depreciable property of sub deemed to be depreciable property when acquired by parent | 444 |
26 November 2013 Annual CTF Roundtable, 2013-0493811C6 - Change in use
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | CAE not followed | 135 |
IT102R2 "Conversion of property, other than real property, from or to inventory" 22July 1985
IT-218R "Profit, Capital Gains and Losses from the Sale of Real Estate, including Farmland and Inherited Land and Conversion of Real Estate from Capital Property to Inventory and Vice Versa".
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate | 0 |
Paragraph 13(7)(b)
Administrative Policy
10 June 2019 Internal T.I. 2019-0796221I7 F - Qualification d’un véhicule à titre de « voiture de tourisme »
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Automobile | a passenger vehicle ceases to qualify as such when it commences to be used as a taxi given the s. 13(7)(b) deemed acquisition | 102 |
S1-F3-C2 - Principal Residence
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Paragraph 13(7)(c)
Administrative Policy
3 March 2015 Internal T.I. 2014-0527841I7 F - Avantage imposable pour aéronef
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | benefits from personal use of corporate aircraft based on the cost of similar benefit from arm's length supplier | 174 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1.4) - Paragraph 15(1.4)(c) | s. 15(1.4)(c) applied to extend scope of Massicotte indirect benefit doctrine | 170 |
| Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) | s. 15(1.4)(c) applied to extend scope of Massicotte indirect benefit doctrine | 857 |
September 1991 Memorandum (Tax Window, No. 9, p. 22, ¶1456)
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| Tax Topics - Income Tax Act - Section 96 - Subsection 96(2.2) - Paragraph 96(2.2)(d) | 39 |
Paragraph 13(7)(e)
See Also
7958501 Canada Inc. v. Agence du revenu du Québec, 2020 QCCQ 2424
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(d) | s. 37 claims in developing software precluded it from being depreciable property | 179 |
| Tax Topics - Income Tax Act - Section 14 - Subsection 14(5) - Cumulative Eligible Capital - Element E | software created through currently deductible salary expense was disposed of as eligible capital property rather than depreciable property | 296 |
Administrative Policy
20 November 2012 External T.I. 2012-0463191E5 F - Acquisition - personne ayant lien de dépendance
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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 - 101-110 - Section 107 - Subsection 107(2) | s. 107(2) generally available where beneficiary assumes trust debt | 168 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Personal Trust | non-commital as to whether assumption of debt could constitute tainting consideration | 183 |
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.1) | s. 13(7)(e) applicable to depreciable property distribution | 123 |
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | trust cannot have a NAL relationship with itself | 41 |
S1-F3-C2 - Principal Residence
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S3-F4-C1 - General Discussion of Capital Cost Allowance
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25 September 1996 External T.I. 5-962794 -
23 May 1996 External T.I. 9604655 - DEEMED REACQUISITION - WHETHER NON-ARM'S LENGTH
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|---|---|---|
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | 0 |
24 June 1994 External T.I. 9325685 - TRANSFER OF PROPERTY TO A PARTNER
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24 July 1991 T.I. (Tax Window, No. 8, p. 18, ¶1430)
29 December 1989 T.I. (May 1990 Access Letter, ¶1223)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(1) - Paragraph 251(1)(c) | 142 |
Subparagraph 13(7)(e)(i)
Subparagraph 13(7)(e)(ii)
Administrative Policy
2019 Ruling 2018-0772921R3 - Loss utilization
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(14) | Class 14.1 property character maintained in circular-transfer transactions | 265 |
| Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(b) | self-cancelling circular transaction to convert net capital losses into stepped-up UCC | 85 |
Paragraph 13(7)(f)
Paragraph 13(7)(g)
Administrative Policy
5 October 2018 APFF Roundtable Q. 16, 2018-0768871C6 F - Dépenses de bureau à domicile et d’automobile
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | capital cost of co-ownership interest | 68 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | depreciable property must be owned | 72 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Incurring of Expense | payment of expenses of taxpayer by another does not preclude “incurring” by taxpayer | 169 |
| Tax Topics - Income Tax Act - Section 9 - Nature of Income | payment of taxpayer’s expenses by another might give rise to s. 9 or 80 inclusion | 187 |
7 October 2016 APFF Roundtable Q. 5, 2016-0652861C6 F - Véhicules électriques - rabais
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| Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(e) | use of manufacturer’s electricity-use standard | 94 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | installation cost included | 37 |
| Tax Topics - Income Tax Act - Section 6 - Subsection 6(2) | Quebec government assistance does not reduce cost of purchased vehicle, but treated as compensation to dealer-lessor prorated over term of lease | 259 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | cost not reduced under general principles by government assistance | 139 |
Subsection 13(7.1) - Deemed capital cost of certain property
Cases
Prince Albert Pulp Co. Ltd. v. The Queen, 92 DTC 6189 (FCA)
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Words and Phrases
deductedCanadian Pacific Ltd. v. The Queen, 88 DTC 6265, [1988] 1 CTC 429 (FCA)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(28) | 41 |
The Queen v. AEL Microtel Ltd., 86 DTC 6348, [1986] 2 CTC 108 (FCA)
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|---|---|---|
| Tax Topics - Income Tax Act - Section 81 - Subsection 81(1) - Paragraph 81(1)(a) | 63 |
Consumers' Gas Co. Ltd. v. The Queen, 86 DTC 6132, [1986] 1 CTC 380 (FCTD), aff'd 87 DTC 5008, [1987] 1 CTC 79 (FCA)
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Words and Phrases
assistance| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | recurring compensation for moving capital assets on capital account | 101 |
The Queen v. British Columbia Forest Products Ltd., 85 DTC 5577, [1986] 1CTC 1 (FCA)
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Words and Phrases
receive| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Context | 81 |
Consumers' Gas Company Ltd. v. The Queen, 82 DTC 6300, [1982] CTC 339 (FCTD), aff'd, 84 DTC 6058, [1984] CTC 83 (FCA)
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Words and Phrases
subsidy| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(g) | 31 | |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Disposition of Property | 36 | |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | cost not reduced by reimbursement right therefor | 126 |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | 30 |
Fonthill Lumber Ltd. v. The Queen, 81 DTC 5333, [1981] CTC 406 (FCTD)
Ottawa Valley Power Co. v. MNR, 69 DTC 5166, [1969] CTC 242 (Ex Ct), aff'd 70 DTC 6223, [1970] CTC 305, [1970] S.C.R. 941
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(a) | 115 |
Administrative Policy
2 April 2014 External T.I. 2014-0521041E5 F - Application de 13(7.1)
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.4) | general requirements for s. 13(7.4) to apply | 207 |
31 January 2013 Internal T.I. 2012-0466641I7 F - Réduction du coût en capital d'un bien
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6 September 2011 External T.I. 2010-0389011E5 F - L'interprétation de " est en droit de recevoir"
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Words and Phrases
entitled to receive12 October 1992 External T.I. 5-922359 -
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Exempt Receipts/Business | 66 | |
| Tax Topics - Income Tax Act - Section 9 - Expense Reimbursement | 66 |
Articles
John Tobin, "Infrastructure and P3 Projects", 2017 Conference Report (Canadian Tax Foundation), 10:1-31
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Paragraph 13(7.1)(f)
Administrative Policy
28 June 2010 External T.I. 2009-0350241E5 F - Crédit d'impôt pour investissement du Québec
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) - Subparagraph 12(1)(x)(vi) | Quebec investment tax credit is deducted under s. 13(7.1) rather than included under s. 12(1)(x) | 90 |
| Tax Topics - Income Tax Act - Section 127 - Subsection 127(9) - Government Assistance | Quebec investment tax credit is government assistance | 46 |
Subsection 13(7.2)
Subsection 13(7.4) - Deemed capital cost
See Also
GMAC Leaseco Corporation v. The Queen, 2015 DTC 1141 [at 908], 2015 TCC 146
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) | amount subject to potential repayment obligation was not received | 258 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Timing | capital tax accrued from day to day | 226 |
| Tax Topics - Income Tax Act - Section 9 - Compensation Payments | payments received in consideration for reducing lease payments were compensation for lost lease income, and s. 9 income | 284 |
| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | surcharges received by lessor at lease termination for excess use were income | 264 |
| Tax Topics - Income Tax Act - Section 9 - Timing | inducement payments received by lessor from manufacturer not income until potential repayment obligation quantified | 221 |
Administrative Policy
2 April 2014 External T.I. 2014-0521041E5 F - Application de 13(7.1)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.1) | no s. 13(7.4) election required where s. 13(7.1) applies | 123 |
4 May 1992 Tax Executive's Roundtable, Question 11 (December 1992 Access Letter, p. 48)
27 February 1991 Memorandum (Tax Window, Prelim. No. 3, p. 25, ¶1131; July 1991 Access Letter)
IT-273R2, "Government Assistance - General Comments," para. 12
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 53 - Subsection 53(2.1) | 16 | |
| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) - Subparagraph 12(1)(x)(iv) | 276 |
Subsection 13(7.5) - Deemed capital cost
Administrative Policy
S3-F4-C1 - General Discussion of Capital Cost Allowance
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Paragraph 13(7.5)(b)
Administrative Policy
27 March 2014 External T.I. 2014-0520941E5 F - Industrial mineral mine and related expenditures
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 17 | access road to quarry was Class 17 property notwithstanding that not owned | 164 |
| Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(1) - Paragraph 1100(1)(g) | ordinary meaning of "mineral" | 43 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Start-Up and Close-Down Expenditures | expenditures deductible where incurred prior to acquisition decision | 154 |
Subsection 13(9)
Administrative Policy
S3-F4-C1 - General Discussion of Capital Cost Allowance
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16 September 2011 Internal T.I. 2010-0383571I7 - Transfer of Property to a US Head Office
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 76.1 - Subsection 76.1(1) | 37 |