Section 38

Paragraph 38(a.1)

Administrative Policy

31 May 2017 External T.I. 2016-0642621E5 - Donation to private foundation

A private foundation is the sole shareholder of a corporation (whose shares are exempt shares). The corporation transfers publicly listed...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 69 - Subsection 69(4) implicit finding that s. 69(4) could apply to a gift 60

2015 Ruling 2014-0532201R3 - Corporate reorganization

Background

This reorganization concerns a Canadian corporate group for which five named individuals (B to F), a spousal trust for D and four...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 84 - Subsection 84(3) cancellation of upstream shareholding on s. 88(1) wind-up 65
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts donation and sale-back of public company shares 85

31 March 2003 External T.I. 2002-0171835 F - DON D'ACTIONS COTEES EN BOURSE

A taxpayer made a gift of listed shares to a public foundation as defined in section 149.1 which, by virtue of the gift representing more than 50%...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 149.1 - Subsection 149.1(6.3) donation of Pubco shares to public foundation qualified as such given that s. 149.1(6.3) designation not effective until following year 150

Subparagraph 38(a.1)(ii)

Administrative Policy

24 July 2017 External T.I. 2017-0698191E5 - Gift of securities by executors of a will

Following the death of the deceased in 2016, the executors of his estate (a graduated rate estate) make a discretionary donation of mutual fund...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(5) - Paragraph 118.1(5)(b) an estate gift of sales proceeds of s. 70(5) property can be carried back to the terminal return 173
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts - Paragraph (c) - Subparagraph (c)(i) - Clause (c)(i)(C) estate gift of cash proceeds of s. 70(5) securities can be carried back to terminal return 131

Paragraph 38(a.2)

See Also

Staltari v. The Queen, 2015 DTC 1130 [at 818], 2015 TCC 123

A commercial real estate broker donated land to the City of Ottawa, received a charitable receipt for its appraised value and claimed that his...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Evidence uncorroborated testimony 99
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business no business where no business organization 167
Tax Topics - Income Tax Act - Section 39 - Subsection 39(1) - Paragraph 39(1)(a) exclusion of gains that are ordinary income 149
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate secondary intention to develop land irrelevant if land donated instead 500

Paragraph 38(c)

Administrative Policy

9 August 2002 Internal T.I. 2002-0145817 F - TAUX DE DEDUCTION - PTPE - ANNEE 2000

An allowable business investment loss was recognized by an individual in an amount equal to ½ the business investment loss (BIL) realized by the...

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