Section 132

Subsection 132(1) - Capital gains refund to mutual fund trust

Administrative Policy

7 March 1995 External T.I. 5-950409 -

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21 September 1992 T.I. (Tax Window), No. 24, p. 20 ¶2183)

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Articles

Hugh Chasmar, "Mutual Fund 'Switch Funds'", Taxation of Corporate Reorganizations, Canadian Tax Journal, Vol. 46, No. 1, 1998, p. 172.

Subsection 132(4) - Definitions

Capital Gains Redemption

Administrative Policy

2002 Ruling 2001-009107 - Mutual fund trust - capital gains

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) distribution of capital gains on unit redemptions 128

Articles

Brian C. Weatherby, "Mutual Funds", 1985 Conference Report, C. 45

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Refundable Capital Gains Tax On Hand

Administrative Policy

7 August 2013 Internal T.I. 2013-0497961I7 - Refundable Capital Gains Tax On Hand

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Articles

Hugh G. Chasmar, Suzanie M.L. Chua, "Reorganizations of Investment Funds", 2001 Canadian Tax Journal, Issue No. 2

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Subsection 132(6)

Commentary

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See Also

Ontario Hydro v. Ontario (Labour Relations Board), [1993] 3 S.C.R. 327

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Lount Corp. v. A.-G. of Canada (1985), 19 DLR (4th) 304 (FCA)

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Words and Phrases
undertaking

Northern Telecom v. Communications Workers, [1980] 1 S.C.R. 115

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Baytrust Holdings Ltd. v. IRC, [1971] 1 WLR 1333 (Ch D)

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Words and Phrases
undertaking

Town of Beauport v. Quebec Railway, Light & Power Co. / Quebec Railway, Light & Power Co. v. Town of Beauport, [1945] S.C.R. 16

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Administrative Policy

24 March 2015 External T.I. 2012-0470991E5 F - Mutual fund trust

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(21) flow-through to unitholder of capital gain designated by MFT 175
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose s. 39(4) presumption establishing expense non-deductibility 60
Tax Topics - Income Tax Act - Section 39 - Subsection 39(5) - Paragraph 39(5)(a) election can be made by leveraged day-trading MFT 175
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares capital v. income character determined at trust level 88

2013 Ruling 2013-0492731R3 - qualifying disposition -mutual fund trust

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) elimination of REIT sub trust through s. 107.4 transfer to new "in house" MFT and s. 132.2 merger of MFT into REIT 580
Tax Topics - Income Tax Act - Section 132.2 - Subsection 132.2(1) - Qualifying Exchange elimination of REIT subtrust through s. 107.4 transfer to new "in house" MFT and s. 132.2 merger of MFT into REIT 89

2011 Ruling 2010-0386081R3 - Guarantee provided by MFT to sub-partnership

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2008 Ruling 2008-027350 -

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2008 Ruling 2008-027125 -

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2007 Ruling 2007-022689 -

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Income Tax Technical News, No. 34, 27 April 2006

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2006 Ruling 2004-009711 -

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2006 Ruling 2006-019188 -

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30 August 2004 External T.I. 2004-006085 -

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2004 Ruling 2003-005422 -

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15 April 2003 External T.I. 2002-016767 -

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16 August 2000 Ruling 2000-000751 -

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1999 Ruling 991832 [investment undertaking in 2-tier structure]

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2 July 1998 T.I. 972867 [investing includes derivatives and short selling]

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16 June 1997 External T.I. 5-970017 -

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31 March 1994 T.I. 933701 [commodity futures are investing but may be on income account]

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1996 Ruling 960994 [futures and forwards]

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5 January 1995 Income Tax Technical News, No. 6

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27 October 1994 Internal T.I. 7-942158 -

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22 June 1994 T.I. 941347 [commodity futures contracts]

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31 March 1994 T.I. 933701 [investing undertaking can be on income account]

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8 March 1991 T.I. (Tax Window, No. 2, p. 25, ¶1189)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 131 - Subsection 131(8) 33

25 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 29, ¶1107)

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Articles

D. Cannon, "Income Trusts: The Interest (Deduction) Continues - A Review of Westshore Terminals Income Fund and Superior Propane Income Fund", 1997 Corporate Management Tax Conference Report, c. 4.

D. Williamson, "Real Estate Investment Trust", 1997 Corporate Management Tax Conference Report, c. 5.

David M. Williamson, "Recent Transactions - Income Fund Trust", Current Issues in Resource Taxation, Canadian Tax Foundation, 1997, p. 1D:10.

J. Brussa, "Royalty Trusts, Income Trusts and the Search for Yield", 1996 Conference Report 19:9-10.

Weatherby, "Mutual Funds", 1985 Conference Report, C. 43.

Subsection 132(6.1) - Election to be mutual fund

Administrative Policy

29 March 2001 External T.I. 2001-007182 -

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Subsection 132(7) - Idem [Retention of status as mutual fund trust]

See Also

Covert et al. v. Minister of Finance of Nova Scotia, [1980] CTC 437, [1980] 2 S.C.R. 774

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Words and Phrases
beneficially entitled
Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Drafting Style 78

Administrative Policy

2006 Ruling 2006-017435 -

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23 November 2004 External T.I. 2004-005627 -

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17 September 2004 External T.I. 2003-004888 -

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28 November 2003 External T.I. 2003-003097 -

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20 November 2002 External T.I. 2002-015363 -

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Articles

David W. Ross, "Non-Resident Unitholders - Impact on Status", Resource Sector Taxation, 2004, p. 76.