Disposition

Cases

RCI Environnement Inc.(Centres de Transbordement et de Valorisation Nord-Sud Inc.) v. The Queen, 2008 DTC 4982, 2007 TCC 647, aff'd , 2009 DTC 5940, 2008 FCA 419

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Tax Topics - Income Tax Act - Section 152 - Subsection 152(9) no prejudice to taxpayer in amending pleadings 77
Tax Topics - Income Tax Act - Section 9 - Compensation Payments negotiated lump sum received for cancellation of non-compete was for diminution in value of goodwill 61

Survivance v. Canada, 2007 DTC 5096, 2006 FCA 129

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Degeer v. Canada, 2001 DTC 5385, 2001 FCA 152

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Tax Topics - General Concepts - Ownership self-cancelling double title transfers 119

Anderson Estate v. The Queen, 95 DTC 758 (TCC)

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Stursberg v. The Queen, 93 DTC 5271, [1993] 2 CTC 46, 93 DTC 5275, [1993] 2 CTC 76 (FCA)

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Mintenko v. The Queen, 88 DTC 6537, [1989] 1 CTC 40 (FCTD)

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Johnstone v. The Queen, 88 DTC 6032, [1988] 1 CTC 48 (FCTD)

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Finochio v. The Queen, 87 DTC 5228, [1987] 1 CTC 313 (FCTD)

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De Graaf v. The Queen, 85 DTC 5280, [1985] 1 CTC 374 (FCTD)

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Hughes v. The Queen, 84 DTC 6110, [1984] CTC 101 (FCTD)

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Tax Topics - Income Tax Act - Section 9 - Computation of Profit conversion to inventory when application for strata conversion made 173

Reilly Estate v. The Queen, 84 DTC 6001, [1984] CTC 21 (FCTD)

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Gameroff v. The Queen, 83 DTC 5013, [1982] CTC 411 (FCTD), rev'd 86 DTC 6023, [1986] 1 CTC 169 (FCA)

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See Also

Leonard v. The Queen, 2021 TCC 33

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Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss - Debt loss on mortgage that was acquired in order to acquire the underlying property under foreclosure proceeding on income account was also from an adventure 347
Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) Court not bound by an erroneous admission by one of the parties 115
Tax Topics - Income Tax Act - Section 9 - Timing cost of mortgage debt acquired as adventure not deductible when expended 53
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (b) - Subparagraph (b)(i) on a foreclosure, the taxpayer disposed of his mortgage, even though the debt it secured remained outstanding 429
Tax Topics - General Concepts - Evidence Manitoba law, being where the Tax Court hearing was held, was the lex fori governing the mortgage foreclosure proceeding at issue regarding a U.S. property 178

Devon Canada Corporation v. The Queen, 2018 TCC 170

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Words and Phrases
doctrine of merger
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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 309
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 177
Tax Topics - Income Tax Act - Section 111 - Subsection 111(5.2) stock option surrender payments of target deductible under s. 111(5.2) 62
Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base "cost" implies the acquisition of an asset 172

Ellison v Sandini Pty Ltd, [2018] FCAFC 44

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Tax Topics - General Concepts - Ownership family court order requiring the transfer of a portion of a larger bloc of shares likely did not result in a change in their beneficial ownership as the shares likely were not fungible 1019
Tax Topics - Income Tax Act - Section 73 - Subsection 73(1) - Paragraph 73(1)(b) subjective belief of parties that family court orders were efficacious did establish that a share transfer to a spouse occurred “because of” them 419
Tax Topics - General Concepts - Evidence a court order could not be interpreted in light of extrinsic evidence 102

Buzzoni, Executor of Kamhi Estate v. Commissioners for Revenue and Customs, [2012] UKUT 360 (Tax and Chancery Chamber)

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Fourney v. The Queen, 2012 DTC 1019 [at 2575], 2011 TCC 520

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Tax Topics - General Concepts - Agency 191
Tax Topics - General Concepts - Corporate/Separate Personality 257
Tax Topics - General Concepts - Ownership presumption of resulting trust where property transfer for no consideration 257
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) bare trust arising on creditor-proofing transfer 257
Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) line codes in electronic filings were incomprehensible to taxpayer 300

Williams v. The Queen, 2005 DTC 1228, 2005 TCC 558

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Words and Phrases
beneficial owner
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Tax Topics - General Concepts - Ownership sole beneficiary was beneficial owner 277

Morasse v. The Queen, 2004 DTC 2435, 2004 TCC 239 (Informal Procedure)

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Smedley v. The Queen, 2003 DTC 501

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Tax Topics - General Concepts - Ownership no transfer of beneficial ownership of logs until incidents of ownership had passed 102

General Electric Capital Equipment Finance Inc. v. Canada, 2002 DTC 6734, 2001 FCA 392

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Words and Phrases
novation
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Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Subparagraph 212(1)(b)(vii) material changes produced new obligation 183

Manrell v. The Queen, 2002 DTC 1222 (TCC), rev'd 2003 DTC 5225, 2003 FCA 128

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Barnabe Estate v. The Queen, 98 DTC 1824 (TCC)

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Quincaillerie Laberge Inc. v. The Queen, 95 DTC 155 (TCC)

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Words and Phrases
disposition
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Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) amount received for loan extension 156

In re Barne Crown Ltd., [1995] 1 WLR 147 (Ch. D.)

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Words and Phrases
disposition

Sandner v. MNR, 93 DTC 901, [1993] 2 CTC 2193 (TCC)

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Foreman v. MNR, 93 DTC 7, [1992] 2 CTC 2621 (TCC)

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Tax Topics - Income Tax Act - Section 146 - Subsection 146(6) 54

Larose v. MNR, 92 DTC 2055, [1992] 2 CTC 2339, [1992] 1 CTC 2667

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Words and Phrases
abusus

Charron v. MNR, 91 DTC 81, [1990] 2 CTC 2609 (TCC)

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National Trust Co. v. Mead, [1990] 5 WWR 455, [1990] 2 S.C.R. 410

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Words and Phrases
novation
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Tax Topics - Income Tax Act - Section 80 - Subsection 80(1) tests for novation 151

Niagara Air Bus Inc. v. Cameran (1989), 69 OR (2d) 717 (HCJ.)

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Scott Estate v. The Queen, 88 DTC 6012 (FCTD)

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Kirby v. Thorn EMI plc, [1987] BTC 462 (C.A.)

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Magnavox Electronics Co. Ltd. v. Hall, [1985] BTC 188 (HC), aff'd [1986] BTC 455 (C.A.)

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Anders Utkilens Rederi A/S v. Keller Bryant Transport Co. Ltd., [1985] BTC 131 (HC)

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Zim Properties Ltd. v. Procter, [1985] BTC 42 (HC)

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Greiner v. The Queen, 84 DTC 6073, [1984] CTC 92 (FCA)

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Words and Phrases
dispose

The Queen v. Harvey, 83 DTC 5098, [1983] CTC 63 (FCTD)

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Words and Phrases
disposition

Marren v. Ingles (1980), 54 TC 76, [1980] UKHL TC_54_76 (HL)

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Words and Phrases
notwithstanding

O'Brien v. Benson's Hosiery (Holdings) Ltd. (1979), 53 TC 241 (HL)

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Dobell v. The Queen, 77 DTC 5316, [1977] CTC 458 (FCTD)

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Tax Topics - General Concepts - Evidence 21

Vauban Productions v. The Queen, 75 DTC 5371, [1975] CTC 511 (FCTD), aff'd 79 DTC 5186, [1979] CTC 262 (FCA)

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Jenkin R. Lewis & Son Ltd. v. Kerman, [1970] 3 All ER 414 (CA)

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Smith v. Lewis, [1902] 2 Ch. 667

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Administrative Policy

2020 Ruling 2019-0819871R3 - Loss Consolidation Involving Canadian Branch

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Tax Topics - Income Tax Act - Section 87 - Subsection 87(2.1) utilization of the Canadian branch losses of a US affiliate through its continuance to Canada and amalgamation with Profitco 505

16 December 2019 Roundtable, 2019-0828571C6 - Disposition

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2020 Ruling 2019-0799981R3 - Disposition – Reclassification and Stock Split

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) no s. 116 certificate required for simultaneous consolidation of multiple identical series into one series, and stock split 86

2019 Ruling 2018-0779221R3 F - Dissolution d'une association ouvrière

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Tax Topics - Income Tax Act - Section 149 - Subsection 149(1) - Paragraph 149(1)(k) winding-up distribution paid to union members treated as proceeds of disposition rather than as dues reimbursement 172

2017 Ruling 2016-0679281R3 - subsections 84(4.1) and 86(1)

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Tax Topics - Income Tax Act - Section 86 - Subsection 86(1) pubco spin-off of a U.S. business using s. 86 318

29 May 2018 STEP Roundtable Q. 16, 2018-0744121C6 - Impact of check the box election

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2017 Ruling 2016-0660321R3 - Reorg of REIT to simplify multi-tier structure

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Tax Topics - Income Tax Act - Section 132.2 - Subsection 132.2(1) - Qualifying Exchange use of the s.132.2 merger and a renunciation of most of the units otherwise issuable on the merger in order to eliminate a REIT corporate subsidiary held through an LP and a sub-trust 1006
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(2) - Paragraph 107.4(2)(a) s. 107.4 transfer of sub-trust’s assets to sister MFT trust 438
Tax Topics - Income Tax Act - Section 98 - Subsection 98(3) drop down of LP 1 into LP 2 followed by immediate s. 98(3) wind-up of LP 1 into LP 2 and GP of LP1, followed by immediate taxable sale by GP to LP 2 134
Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) no taxable benefit where wholly-owned partnership renounces the right to have consideration paid for the redemption of its shares in its limited partner (a mutual fund corporation) 325
Tax Topics - Income Tax Act - Section 132.2 - Subsection 132.2(3) - Paragraph 132.2(3)(g) - Subaragraph 132.2(3)(g)(vi) - Clause 132.2(3)(g)(vi)(C) - Subclause 132.2(3)(g)(vi)(C)(I) renunciation by subsidiary partnership of transferee MFT of units that otherwise would be issuable on the redemption of its incestuous holding in transferor MFC 245

2017 Ruling 2016-0670971R3 - Repayments of upstream loans and series test

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Tax Topics - Income Tax Act - Section 90 - Subsection 90(8) - Paragraph 90(8)(a) subsequent intercorporate loans and discharges were not part of “series of loans or other transactions and repayments” 302
Tax Topics - Income Tax Act - Section 90 - Subsection 90(14) loan repayment not part of a prohibited series 143

2016 Ruling 2015-0612931R3 - Variation of trust indenture

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Tax Topics - Excise Tax Act - Section 141.01 - Subsection 141.01(2) CRA income tax ruling describes a structure for MFT trailer fees to be funded out of increased management fees to an indirect real estate subsidiary LP of the MFT 160

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

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Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(a) constructive resettlement of trust on sale of beneficial interests therein extinguished its losses 204
Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) sale of trust with losses to 3rd party was abusive 162

2016 Ruling 2015-0606771R3 - Disclaimer of trust interest

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Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) disclaimer resulting in a rollout of estate assets under an intestacy 396
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(1) no disposition from disclaimer 93

2016 Ruling 2015-0615041R3 - Conversion of Delaware corporation to LLC

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2015 Ruling 2015-0578051R3 - Variation of trust indenture

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.1) addition of preferred units to a listed MFT’s capital 144

2015 Ruling 2014-0558831R3 - No-type of property spin-off butterfly

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(1) - Distribution prior drop-down of assets to Newco/split of DC manager's business/CEC proration/replacement option issuance as boot 1177
Tax Topics - Income Tax Act - Section 7 - Subsection 7(1.4) replacement stock options issued by Spinco treated as boot 112
Tax Topics - Income Tax Act - Section 86 - Subsection 86(1) new common shares with same attributes as old subject to rights of new special shares/pro rata PUC 164
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) - Paragraph 85(1)(d) proration of CEC preliminary to butterfly 156

23 December 2014 External T.I. 2013-0487791E5 F - Période d'amortissement du revenu d'emphytéose

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Tax Topics - Income Tax Act - Section 9 - Timing sum received on granting an emphyteusis is proceeds because it is not a lease 196

S3-F9-C1 - Lottery Winnings, Miscellaneous Receipts, and Income (and Losses) from Crime

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14 February 2014 Internal T.I. 2013-0490891I7 - Revocable Living Trust

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) revocable living trust formed on initial settlement date 242

2014 Ruling 2014-0518521R3 - Issuance of a new class of units - Hedged Class

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.1) FX gains and losses and hedging expenses referable to a class of FX-hedged units could be wholly allocated first to that class 347

3 January 2014 External T.I. 2013-0482081E5 - Nil value partnership units

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Tax Topics - Income Tax Act - Section 50 - Subsection 50(1) nil value partnership 123

18 December 2013 External T.I. 2013-0511101E5 F - Substantial interest - Part VI.1

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Tax Topics - Income Tax Act - Section 191 - Subsection 191(3) creation of substantial interest through redemption of special voting shares 414
Tax Topics - Income Tax Act - Section 249 - Subsection 249(4) voting rights shifted to 2nd trust with same trustees: no control change 179
Tax Topics - Income Tax Act - Section 251.2 - Subsection 251.2(2) - Paragraph 251.2(2)(a) no acquisition of control where votes pass from trust to an estate with the same individuals as executors 187

11 October 2013 APFF Roundtable, 2013-0495821C6 F - Share disposition

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Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) shares in different class with identical attributes are the same shares 229

8 February 2013 External T.I. 2012-0464131E5 F - Transfert de propriété

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11 February 2013 External T.I. 2012-0451791E5 - Disposition of trust interest

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2013 Ruling 2012-0464841R3 - Distribution by a trust

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2012 Ruling 2011-0418571R3 - Amendment to 6801(d) Plan

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Tax Topics - Income Tax Regulations - Regulation 6801 - Paragraph 6801(d) amendment to add stock settlement alternative 86

2012 Ruling 2011-0403291R3 - Treaty exempt sale

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(2) Treaty step-up to avoid the application of s. 55(2) to a spin-off made to effect an arm's length sale of the rump 337
Tax Topics - Treaties - Income Tax Conventions - Article 13 Treaty step-up to avoid the application of s. 55(2) to a spin-off made to effect an arm's length sale of the rump 337

2012 Ruling 2012-0451431R3 - Loss Consolidation

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Tax Topics - Income Tax Act - Section 111 - Subsection 111(1) - Paragraph 111(1)(a) ATR-66 elimination of debt to make Lossco solvent; roll-in/distribution out (one-day after roll in) of appreciated depreciables to use its losses 435
Tax Topics - Income Tax Act - Section 51.1 intercompany debt conversion to senior and junior note and elimination of junior note 27
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 326

2012 Ruling 2011-0429611R3 - Variation of Trust Indenture

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.1) addition of preferred units 259
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(2) - Paragraph 108(2)(b) application of asset tests to sub LPs on look-through basis; special voting unit 363

2012 Ruling 2011-0410181R3 - Variation of trust indenture

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.1) addition of preferred units with proportionate allocation of taxable income to distributions 345
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(2) - Paragraph 108(2)(b) conversion of note to satisfy 10% test/partnership look-through 291

3 December 2012 External T.I. 2012-0457741E5 - Disposition of taxable Canadian property

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) continuation amalgamation not a disposition 155

5 October 2012 APFF Roundtable, 2012-0451281C6 F - Usufruit étranger

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) French usufruct does not create a trust 73

5 October 2012 APFF Roundtable, 2012-0455431C6 F - Changement de bourse

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6 May 2012 TEI Roundtable, 2012-0468931C6 - TEI Conference Q#5 Settlement Date

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8 March 2012 Internal T.I. 2010-0387961I7

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15 February 2012 External T.I. 2011-0426531E5 - Exchange of Gold Bullion for ETR

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7 October 2011 APFF Roundtable Q. 17, 2011-0412171C6 F - 112(7) - Share-for-Share Exchange - 85(1)

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Tax Topics - Income Tax Act - Section 112 - Subsection 112(3) s. 112(3) could still apply if "old" dividend-bearing shares "exchanged" under purported s. 85(1) exchange for "new" but identical shares 98
Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) potentially no disposition if "new" share rights identical 50
Tax Topics - Income Tax Act - Section 112 - Subsection 112(7) s. 112(7) does not “technically” apply to a dirty s. 85 exchange of old shares for new shares 257

2011 Ruling 2011-0408871R3 F - Monetization

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2011 Ruling 2010-0389921R3 - New series of units - US dollar and Hedged

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.1) FX gains and losses (subject to a series income limitation) could be allocated solely to the hedged series 221

2010 Ruling 2010-0373801R3 - Conversion from a BV to a DC

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Tax Topics - Income Tax Act - Section 85.1 - Subsection 85.1(3) drop-down by the two Cdn. “shareholders” of Dutch co-op (DC) of FAs in consideration for proportionate “increases” in their membership interests considered to be for “shares” 199
Tax Topics - Income Tax Act - Section 95 - Subsection 95(4) - Direct Equity Percentage 46
Tax Topics - Income Tax Act - Section 86 - Subsection 86(1) exchange of shares in Netherlands BV for membership interests in Dutch coop qualified under s. 86 147
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Share membership interest in Dutch coop a share 139

2010 Ruling 2010-0358861R3 - Variation of trust indenture

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8 October 2010 Roundtable, 2010-0373401C6 F - Fiducies et ajout d'un bénéficiaire

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) court-approved addition of beneficiary to discretionary resident trust with TCP generates s. 116 obligations re resulting trust interest dispositions 67

21 July 2009 Internal T.I. 2009-0322591I7 F - Déduction des intérêts

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Words and Phrases
novation
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Tax Topics - General Concepts - Payment & Receipt replacement of note with capitalized note with note for full amount did not constitute payment by novation 119
Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(b) issuance of replacement promissory note for amount of previous principal plus capitalized interest was not a crediting of such interest 151

29 July 2009 External T.I. 2008-0297011E5 F - Conversion de participations dans une SNC

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Tax Topics - Income Tax Act - Section 97 - Subsection 97(2) s. 97(2) rollover not available if new partnerships interests exchanged for old interests are not in totality substantially distinguishable 274
Tax Topics - Income Tax Act - Section 96 - Subsection 96(1.01) s. 96(1.01) inapplicable where only income interest and not capital interest disposed of 139
Tax Topics - Income Tax Act - Section 43 - Subsection 43(1) where only income interest and not capital interest in a partnership disposed of, there is part disposition of partnership interest with resulting reduced ACB for remainder interest 163

2008 Ruling 2008-0272141R3 - Conversion of Delaware corporation into LLC

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Tax Topics - Treaties - Income Tax Conventions - Article 13 disposition of tcp through U.S. holdco 80

14 August 2008 External T.I. 2004-0104691E5 - Conversion of a LLC to a LP

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Corporation Del. LP a partnership notwithstanding separate legal personality 168
Tax Topics - Income Tax Act - Section 88 - Subsection 88(3) 54

20 November 2008 Internal T.I. 2008-0281411I7 - Addition of Beneficiaries

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30 March 2007 External T.I. 2006-0196641E5 - Transfer of Silver Bullion

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25 July 2007 External T.I. 2007-0222251E5 F - Perte finale sur un immeuble démoli

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(21.1) - Paragraph 13(21.1)(b) terminal loss on demolition of building is generally cut in half without ACB bump to subjacent land 270

15 February 2007 External T.I. 2006-0214151E5 - Disposition of Partnership Interest

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9 May 2007 External T.I. 2006-0189931E5 F - Renonciation à une fiducie par un conjoint

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Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) renunciation of interest in spousal trust not a disposition to the family beneficiaries 84
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a) variation of spousal trust, following renunciation by spouse, to accelerate distribution entitlement of residuary beneficiaries would not engage s. 104(4) until distribution 195
Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) variation of spousal trust, following renunciation by spouse, to accelerate distribution entitlement of residuary beneficiaries would not deny s. 70(6) rollover 211

2007 Ruling 2006-0213721R3 - Trust amendments to delete references to units

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2006 Ruling 2006-0177541R3 - Amendments to Debt, Conversion

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Tax Topics - Income Tax Act - Section 51 - Subsection 51(1) addition of conversion right to debt followed by conversion 114

19 December 2001 Internal T.I. 2001-0109417 - TAXABLE BENEFITS

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Tax Topics - Income Tax Act - Section 80.4 - Subsection 80.4(3) 71
Tax Topics - General Concepts - Effective Date corporate revival has retroactive effect 42

2004 Ruling 2004-0073171R3 - Creation and reclassification of classes of units

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2004 Ruling 2004-0065921R3 - Conversion of corporations into LLCs

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10 November 2004 External T.I. 2004-0092561

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8 September 2004 External T.I. 2004-0078771E5 - Tenants in common to joint tenants

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29 July 2004 Internal T.I. 2003-0023761I7 F - Contrat de SWAP d'équité

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29 March 2004 External T.I. 2003-0049231E5 - Conversion of Delaware LLC to Limited Partnership

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2003 Ruling 2002-0174703 - Foreign Affiliate Reorganization

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10 April 2003 External T.I. 2002-0169775 - Foreign Merger

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24 February 2003 External T.I. 2002-014995

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(1) 93

2002 Ruling 2002-013371A - Conversion-taxable CDN Corp to MF Corp

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1 November 2002 External T.I. 2001-010435

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10 July 2002 Internal T.I. 2001-011565

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28 November 2001 Internal T.I. 2001-0091247 - Employer Stock Opt. & Section 116116(5)

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2001 Ruling 2000-0060623 - Amendments to Notes - Disposition?

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9 March 2001 Internal T.I. 2001-0063737 - SCHEDULE III OF THE REGULATIONS

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18 December 2000 External T.I. 2000-0050255 - CHANGE IN TERMS OF DEBT OBLIGATION

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7 December 2000 Ruling 2000-0040053 - Disposition - Mutual Fund Trust Units

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2000 Ruling 2000-0023953 - Foreign merger

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2000 Ruling 2000-0022983 - Mutual Fund Trust- Redesignation Feature

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2000 Ruling 2000-0007513 - Index Tracking Mutual Fund

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Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(2) - Paragraph 108(2)(a) potential suspension of redemption right did not disqualify 69
Tax Topics - Income Tax Act - Section 132 - Subsection 132(6) securities lending 32

1999 Ruling 9914303 - CONVERSION TO OPEN END UNIT TRUST

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Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(2) - Paragraph 108(2)(a) cash redemption at 95% of market or at 100% with in specie distribution 104

September 1999 Gift Planning Symposium Round Table, Q. 2, No. 2000-M020417

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Tax Topics - General Concepts - Ownership residual interest of settlor 101

16 February 1999 External T.I. 9732005 - TRUST - ADDITION OF REDEMPTION RIGHT

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1999 Ruling 9913713 - CONVERSION TO OPEN-ENDED UNIT TRUST

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1999 Ruling 9922923 - CONVERSION OF CORPORATION INTO LLC

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1999 Ruling 991430

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28 September 1998 External T.I. 9819755 - CANADIAN FILM OR PRODUCTION TAX CREDIT

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14 July 1998 Internal T.I. 9808476 - BROADCASTER ACQUIRING EQUITY INTEREST

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Income Tax Technical News, No. 14, "Changes in Terms of Debt Obligations".

22 December 1997 External T.I. 9719575 - CONVERTING OWNERSHIP TYPE - WHETHER A DISPOSITION

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29 November 1996 External T.I. 9632045 - VOTING TRUST, IS DISPOSITION RECOGNIZED ON TRANSFER

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30 November 1996 Ruling 9726133 - MULTIPLE CLASSES OF UNITS OF MUTUAL FUND TRUST

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7 October 1997 External T.I. 9724275 - OPTION PRICE REDUCTION, DISPOSITION

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28 January 1997 External T.I. 9640915 - AUTO LEASING

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30 November 1996 Ruling 9702653 - PARTITIONING SHARES HELD BY PARTNERSHIP

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Tax Topics - Income Tax Act - Section 96 43

Income Tax Technical News, No. 7, 21 February 1996 (cancelled)

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1996 Corporate Management Tax Conference Round Table, Q. 20

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6 March 1995 Internal T.I. 9409947 - WINDING-UP OF A FOREIGN AFFILIATE

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28 October 1994 External T.I. 9418635 - TRANSFER PROPERTY TO A BARE TRUST

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11 October 1994 External T.I. 9421345 - DATE OF ACQUISITION

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11 August 1994 External T.I. 9412195 - CONVERSION OF GOLD CERTIFICATE TO GOLD BULLION

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5 August 1994 External T.I. 9412855 - HEALTH AND WELFARE TRUST AND VARIANCES TO A TRUST

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4 August 1994 External T.I. 9403435 - EARNOUT RIGHTS RE SALE OF SHARES

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9 February 1994 External T.I. 9311845 - TRANSFER OF PROPERTY TO A TRUST

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1994 A.P.F.F. Round Table, Q. 5

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24 November 1993 Internal T.I. 9325537 - ELECTION UNDER SUBSECTION 164(6)

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93 C.R. - Q. 16

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1 December 1993 Annual CTF Roundtable, Q.16, 932866

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93 C.R. - Q. 40

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93 C.M.TC - Q. 8

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15 January 1993 T.I. (Tax Window, No. 28, p. 23, ¶2371)

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2 December 1992 Memorandum (Tax Window, No. 27, p. 20, ¶2349, October 1993 Access Letter, p. 480)

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13 November 1992 T.I. 923187 (September 1993 Access Letter, p. 423, ¶C144-239)

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P-020, 15 October 1992 "Grandfathered Leases"

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2 September 1992 T.I. (Tax Window, No. 24, p. 15, ¶2185)

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92 C.R. - Q.26

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Tax Topics - Income Tax Act - Section 87 - Subsection 87(1) 64

92 C.R. - Q.10

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92 C.M.TC - Q.11

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12 June 1992 Memorandum (Tax Window, No. 21, p. 10, ¶2023)u

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8 January 1992 T.I. (Tax Window, No. 15, p. 15, ¶1688)

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91 C.R. - Q.41

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November 1991 Memorandum (Tax Window, No. 12, p. 19, ¶1562)

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29 August 1991 T.I. (Tax Window, No. 8, p. 10, ¶1424)

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21 May 1991 Memorandum (Tax Window, No. 3, p. 22, ¶1256)

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Tax Topics - Income Tax Act - Section 98 - Subsection 98(2) 91

4 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 17, ¶1085)

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31 August 1990 External T.I. 5-9691 - Continuation of a Partnership

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12 September 1990 T.I. (Tax Window, Prelim. No. 1, p. 21, ¶1014)

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Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) 56

9 September 1990 T.I. (Tax Window, Prelim. No. 1, p. 12, ¶1033)

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90 C.R. - Q31

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90 C.R. - Q30

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90 C.R. - Q9

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18 May 1990 T.I. (October 1990 Access Letter, ¶1470)

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Tax Topics - Income Tax Act - Section 98 - Subsection 98(3) 21

18 September 89 T.I. (February 1990 Access Letter, ¶1107)

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89 C.R. - Q.5

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October 1989 Revenue Canada Round Table - Q.7 (Jan. 90 Access Letter, ¶1075)

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9 Aug. 89 T.I. (Jan. 90 Access Letter, ¶1079)

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89 C.M.TC - Q.5

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89 C.M.TC - "Bare Trusts"

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88 C.R. - F.Q.31

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88 C.P.T.J. - Q.12

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88 C.R. - "Finance and Leasing" - "Loans of Gold and Other Commodities"

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88 C.R. - Q.33

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87 C.R. - Q.48

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85 C.R. - Q.26

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ATR-1 (29 Nov. 85)

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84 C.R. - Q.64

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84 C.R. - Q.80

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Tax Topics - Income Tax Act - Section 112 - Subsection 112(1) 17

81 C.R. - Q.54

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79 C.R. - Q.41

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IT-461 "Forfeited Deposits"

IT-448 "Dispositions - Changes in Terms of Securities"

IT-441 "Capital Cost Allowance - Certified Feature Productions and Certified Short Productions"

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IT-338R "Partnership Interests - Effects on Adjusted Cost Base Resulting from the Admission or Retirement of a Partner"

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IT-233R "Lease-Option Agreements; Sale-Leaseback Agreements"

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IT-170R "Sale of Property - When Included in Income Computation"

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Tax Topics - General Concepts - Ownership 10

IT-133 "Stock Exchange Transactions - Date of Disposition of Shares"

IT-65 "Stock Splits and Consolidations"

IT-126R2, "Meaning of 'Winding-Up' ", March 20, 1995

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IC 72-17R4 "Procedures concerning the disposition of taxable Canadian property by non-residents of Canada - Section 116"

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Tax Topics - Income Tax Act - Section 116 - Subsection 116(2) 0

Articles

David H. Sohmer, "The Securities Transfer Act and the Income Tax Act: Who Owns Publicly Traded Securities?", Tax Topics (Wolters Kluwer), No. 2556, 2 March 2021, p. 1

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Tax Topics - General Concepts - Ownership 303

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

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

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Tax Topics - Income Tax Act - Section 14 - Subsection 14(1) a purported transfer of goodwill or knowhow separately from the related business may not be effective 94

Stephen Fyfe, Craig Webster, 2000 Conference Report, c. 21: Discussion of Multi-Class Mutual Fund Trusts.

Brown, "How to Spot the Difference Between Repos and Stock Loans", International Financial Law Review, June 1996, p. 51.

Kroft, "An Update on Select Legal Issues Relating to Dispositions and Exchanges of Property", 1995 Corporate Management Tax Conference Report, c. 10.

Douglas S. Ewens, Michael J. Flatters, "Toward a more Coherent Theory of Dispositions", 1995 Canadian Tax Journal, Vol. 43, No. 5, p. 1377

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Innes, Cuperfain, "Variation of Trust: An Analysis of the Effects of Variations of Trust under the Provisions of the Income Tax Act", 1995 Canadian Tax Journal, Vol. 43, No. 1, p. 16.

Joel A. Nitikman, "Rescission of Contracts for Mistake", Canadian Current Tax, April 1995, Vol. 5, No. 7, p. 63.

Locations of other summaries Wordcount
Tax Topics - General Concepts - Effective Date 0

Gillespie, "Lease Financing", 1992 Corporate Management Tax Conference, c. 7

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Brown, "The Transfer of Property on Death: Ownership, Control and Vesting", 1994 Canadian Tax Journal, Vol. 42, No. 6, p. 1449.

Goodman, "Is a Settlement of Property on a Revocable Inter Vivos Trust a Disposition for Income Tax Purposes", Estates & Trusts Journal, Vol. 14, No. 2, December 1994, p. 198.

Harris, "Tax Aspects of Condominium Conversions and Lease Inducement Payments to Recipients", 1986 Conference Report, c.45.

Wilde, "Damages and Capital Gains Tax", British Tax Review, 1991, Nos. 1&2, p. 5

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Ward, Arnold, "Dispositions - A Critique of Revenue Canada's Interpretation", Canadian Tax Journal, September-October 1980, p. 559.

Paragraph (b)

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 264
Tax Topics - Income Tax Act - Section 248 - Subsection 248(4) forfeited sale deposit was proceeds of security interest rather than of tcp 264

Subparagraph (b)(i)

See Also

Leonard v. The Queen, 2021 TCC 33

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss - Debt loss on mortgage that was acquired in order to acquire the underlying property under foreclosure proceeding on income account was also from an adventure 347
Tax Topics - Income Tax Act - Section 171 - Subsection 171(1) Court not bound by an erroneous admission by one of the parties 115
Tax Topics - Income Tax Act - Section 9 - Timing cost of mortgage debt acquired as adventure not deductible when expended 53
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition foreclosure proceedings resulted in disposition of the mortgage but not of the debt it had previously secured 471
Tax Topics - General Concepts - Evidence Manitoba law, being where the Tax Court hearing was held, was the lex fori governing the mortgage foreclosure proceeding at issue regarding a U.S. property 178

Administrative Policy

16 March 2012 External T.I. 2011-0423191E5 F - Disposition d'une participation dans une SP

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Tax Topics - Income Tax Act - Section 98 - Subsection 98(1) disposition of partnership interest for nil proceeds when partnership dissolved upon winding-up distribution 95

Paragraph (a)

See Also

Royer v. Agence du revenu du Québec, 2019 QCCQ 4163

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Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (a) the principal residence did not include the portion thereof occupied by the grandmother performing an essential care function 296

Paragraph (f)

Administrative Policy

2016 Ruling 2014-0552321R3 F - Trust to trust Transfer

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 74.4 - Subsection 74.4(4) having a trust interest vest indefeasibly in a minor is consistent with the minor not receiving or having any use of the trust capital 468
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Trust - Paragraph (g) trust holding property on its 21st anniversary for minors was not subject to s. 104(4) as their shares would have been deemed under the Trust Deed to be irrevocably determined by then 413
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(5.8) 104(5.8) applied to transfer to new trust with the same beneficiaries and essentially the same terms 51

2013 Ruling 2013-0492831R3 - Trust to trust transfer of property

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2013 Ruling 2011-0395091R3 - MFC to MFT Conversion

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Paragraph (i)

Administrative Policy

16 December 2008 External T.I. 2008-0279741E5 F - Renonciation au capital d'une fiducie

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) settlor’s valid renunciation of capital interest (but not income interest) prior to trustees’ exercise of discretion to distribute a capital gain would avoid application of s. 75(2)(a)(i) 199
Tax Topics - Income Tax Act - Section 248 - Subsection 248(9) - Disclaimer legally impossible for a beneficiary of a discretionary trust to partially renounce income from a specific trust property 262
Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition settlor’s renunciation of capital interest (but not income interest) prior to trustees’ exercise of discretion to distribute a capital gain would generate nil proceeds and not engage s. 56(2) or (4) 194
Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) s. 69(1) does not apply to a renunciation of trust capital interest since no disposition "to" any person 44
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) inapplicable to renunciation of capital interest in a trust 45
Tax Topics - Income Tax Act - Section 56 - Subsection 56(4) s. 56(4) inapplicable to disclaimer of capital interest in a trust 43

Paragraph (j)

See Also

106443 Canada Inc. v. The Queen, 94 DTC 1663, [1995] 1 CTC 2788 (TCC)

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Paragraph (n)

Administrative Policy

15 September 2017 External T.I. 2017-0709331E5 - Vertical absorptive foreign merger

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Tax Topics - Income Tax Act - Section 87 - Subsection 87(8) disposition at FA1 level where simultaneous aborptive merger into it of FA2 and FA3 (held by FA2) 199

4 March 2013 Internal T.I. 2012-0449371I7 - Downstream absorptive merger

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Articles

Gordon Zittlau, "Corporate Reorganizations Involving Taxable Canadian Property – Foreign Merger Considerations", International Tax Planning (Federated Press), Vol. XX, No. 3, 2015, p. 1407

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Tax Topics - Income Tax Act - Section 87 - Subsection 87(8) 332

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