Section 14

Subsection 14(1) - Eligible capital property — inclusion in income from business

Administrative Policy

6 June 1994 External T.I. 5-933716 -

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26 September 89 T.I. (February 1990 Access Letter, ¶1098)

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Articles

Alison Spiers, "ECP Planning: Some Practical Considerations", Canadian Tax Focus, Vol. 6, No. 4, November 2016, p 1

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Subsection 14(3) - Acquisition of eligible capital property

Administrative Policy

15 January 1996 External T.I. 5-952799 -

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Subsection 14(5) - Definitions

Cumulative Eligible Capital

Cases

RCI Environnement Inc. v. Canada, 2009 DTC 5940, 2008 FCA 419

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Canada v. Toronto Refiners and Smelters Ltd., 2003 DTC 5002, 2002 FCA 476

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Words and Phrases
consideration

Teleglobe Canada Inc. v. R., 2002 DTC 7517, 2002 FCA 408

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Pe Ben Industries Co. Ltd. v. The Queen, 88 DTC 6347, [1988] 2 CTC 120 (FCTD)

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The Queen v. Goodwin Johnson (1960) Ltd., 86 DTC 6185, [1986] 1 CTC 448 (FCA)

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The Queen v. Demco Management Ltd., 85 DTC 5603, [1986] 1 CTC 92 (FCA)

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Words and Phrases
goodwill
Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 68 52

Samoth Financial Corp. Ltd. v. The Queen, 85 DTC 5473, [1985] 2 CTC 275 (FCTD), aff'd 86 DTC 6335, [1986] 2 CTC (FCA)

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The Queen v. Leopold Lague Ltd., 82 DTC 6310, [1981] CTC 348 (FCTD)

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The Queen v. Timagami Financial Services Ltd., 82 DTC 6268, [1982] CTC 314 (FCA)

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Words and Phrases
payable

Pepsi-Cola Canada Ltd. v. The Queen, 79 DTC 5387, [1979] CTC 454 (FCA)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Evidence 41

See Also

Henco Industries Limited v. The Queen, 2014 DTC 1161 [at 3528], 2014 TCC 192

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Evidence parol evidence rule not applying to surrounding evidence/press releases admitted 227
Tax Topics - General Concepts - Fair Market Value - Land deference to taxpayer's figure within appraiser's range of values 105
Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) compensation received in course of business but not in course of earning income 184
Tax Topics - Income Tax Act - Section 23 - Subsection 23(1) land ceased to be inventory through sterilization rather than business cessation 176
Tax Topics - Income Tax Act - Section 3 compensation payment for destroyed business was non-taxable 163
Tax Topics - Income Tax Act - Section 9 - Compensation Payments compensation payment for destroyed business was non-taxable 163

R & C Commrs v. Mertrux, [2012] UKUT 274 (Tax and Chancery Chamber)

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Locations of other summaries Wordcount
Tax Topics - Excise Tax Act - Section 167.1 312

Winsor v. The Queen, 2008 DTC 2116, 2007 TCC 692

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property fishing licence was properyt based on administrative law rights 84
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Leases and Licences 26

Fortino v. The Queen, 97 DTC 55 (TCC), briefly aff'd on procedural grounds 2000 DTC 6060 (FCA)

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Les Placements A & N Robitaille Inc. v. MNR, 96 DTC 1062 (TCC)

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Other 72

Consumers Software Inc. v. The Queen, 95 DTC 518 (TCC)

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Administrative Policy

12 January 2015 External T.I. 2014-0555071E5 - POD subject to earn-out

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(g) proceeds of goodwill on sale of wind turbine development project 193
Tax Topics - Income Tax Act - Section 66.1 - Subsection 66.1(6) - cumulative Canadian exploration expense - Element G proceeds of wind turbine development project 141
Tax Topics - Income Tax Regulations - Regulation 1219 - Subsection 1219(1) wind turbine development project 102

9 February 2015 External T.I. 2013-0480881E5 F - Disposition of Eligible Funeral Arrangement Contracts

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 148.1 - Subsection 148.1(2) - Paragraph 148.1(2)(b) proceeds on disposition of funeral home business 257

23 May 2014 External T.I. 2014-0518921E5 F - Calcul de l'élément A du MCIA

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29 October 2013 External T.I. 2013-0489911E5 - Disposition of CRCE intangibles

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27 January 2011 External T.I. 2010-0380081E5 - Trailing commissions

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17 February 1995 Internal T.I. 4-950379 -

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11 January 1995 Memorandum 940294 (C.T.O. "Retiring Fishing Licences")

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30 March 1994 T.I. 940757 (C.T.O. "Player Contracts - Proceeds of Disposition")

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17 January 1991 Internal T.I. 7-90326 -

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Element A.1

Administrative Policy

22 March 2016 Internal T.I. 2013-0506561I7 - Property acquired on a return of capital

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 69 - Subsection 69(4) FMV cost of property acquired on QROC distribution 115
Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) FMV cost of property acquired on contribution of capital 115
Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base FMV cost of contributed or distributed property 51
Tax Topics - Income Tax Act - Section 14 - Subsection 14(5) - Eligible Capital Expenditure QROC distribution by a foreign affiliate to its Canadian shareholder of ECP results in ECE to the shareholder of the property’s FMV 210

Element E

Administrative Policy

11 September 2015 Internal T.I. 2015-0586301I7 - Premiums received on re-opening of debt

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) denied interest expense where a premium was received on extending notes’ maturity 167

Eligible Capital Expenditure

Cases

Brooke Bond Foods Ltd. v. The Queen, 84 DTC 6144, [1984] CTC 115 (FCTD)

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The Queen v. Royal Trust Corp. of Canada, 83 DTC 5172, [1983] CTC 159 (FCA)

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See Also

Devon Canada Corporation v. The Queen, 2018 TCC 170, 2018 TCC 170

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Words and Phrases
cost
Locations of other summaries Wordcount
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 111 - Subsection 111(5.2) stock option surrender payments of target deductible under s. 111(5.2) 58
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

Rio Tinto Alcan Inc. v. The Queen, 2016 TCC 172

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees investment dealer fees incurred respecting the advisability of making hostile takeover were fully deductible under s. 9 393
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(bb) investment dealer fees re advisability of making hostile takeover were fully deductible 515
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(cc) legal fees incurred in securing regulatory approval for a hostile bid related to the bidder's business of earning income from shares and interaffiliate sales 170
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(g) takeover bid circular costs did not qualify 96
Tax Topics - Income Tax Act - Section 169 - Subsection 169(2.1) raising general question of deductibility of fees and listing s. 20(1)(e) did not satisfy s. 165(1.11) 228
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(e) failure to advance evidence showing allocation of fees to share consideration 131
Tax Topics - Income Tax Act - Section 40 - Subsection 40(1) - Paragraph 40(1)(a) - Subparagraph 40(1)(a)(i) expenses incurred in butterfly spin-off recognized as disposition expenses 61
Tax Topics - Statutory Interpretation - French and English Version finding common meaning of 2 versions of s. 20(1)(bb) 102

Potash Corporation of Saskatchewan Inc. v. The Queen, 2011 DTC 1163 [at 873], 2011 TCC 213

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Legal and other Professional Fees improved tax efficiency was enduring (3 year) benefit 224

Martin v. The Queen, 2009 DTC 1251, 2009 TCC 152 (Informal Procedure)

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Graham Construction Engineering (1985) Ltd. v. The Queen, 97 DTC 342 (TCC)

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212535 Oil & Gas Ltd. v. MNR, 96 DTC 1263 (TCC)

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The Queen v. de Loppinot, 78 DTC 6477, [1978] CTC 705 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 96 95

Administrative Policy

14 March 2016 Internal T.I. 2015-0609671I7 - Earnout, Amalgamation, Cost of Shares and ECE

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) post-amalgamation earnout payment could be applied to increase an s. 88(1)(d) bump of capital property (but not ECP) of the amalgamated target 299
Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base earnout payments an addition to cost of shares which had since disappeared 78
Tax Topics - General Concepts - Purpose/Intention attribution of predecessor's intention to Amalco 132
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) - Subparagraph 20(1)(c)(i) position on interest deductibility following target amalgamation is based on policy and ITA scheme rather than technical 338

22 March 2016 Internal T.I. 2013-0506561I7 - Property acquired on a return of capital

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 69 - Subsection 69(4) FMV cost of property acquired on QROC distribution 115
Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(c) FMV cost of property acquired on contribution of capital 115
Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base FMV cost of contributed or distributed property 51
Tax Topics - Income Tax Act - Section 14 - Subsection 14(5) - Cumulative Eligible Capital - Element A.1 no gain to FA transferor of ECP 93

30 July 2015 External T.I. 2014-0552041E5 F - Permis XXXXXXXXXX

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 14 renewable government licences were ECP, not Class 14 194

27 June 2014 External T.I. 2014-0526931E5 F - Vente d'une liste de clients par un employé

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 6 - Subsection 6(3) - Paragraph 6(3)(e) payment to departing employee for customer list was deemed income under s. 6(3) 99

29 October 2013 External T.I. 2013-0507121E5 - Website costs

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31 March 2011 Internal T.I. 2011-0291701I7 -

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12 June 2003 Internal T.I. 2003-001100 -

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5 March 2003 External T.I. 2002-015140 -

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18 February 2002 External T.I. 2002-01883 -

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1 March 2001 External T.I. 2001-006871 -

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7 February 1992 TI (Tax Window, No. 16, p. 19, ¶1739)

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28 March 1991 Memorandum (Tax Window, No. 2, p. 25, ¶1186)

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Subsection 14(7) - Replacement property

Administrative Policy

17 April 2012 External T.I. 2011-0427411E5 F - Bien de remplacement-immobilisation admissible

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Subsection 14(15) - Beginning to use property in Canadian business

Articles

Orest Moysey, Stan Mag, "New Canadian Branch Making Rules for Foreign Banks: Opportunities and Issues", International Tax Planning, 2000 Canadian Tax Journal, Vol. 48, No. 6, p. 1869.