Section 43

Subsection 43(1) - General rule for part dispositions

Administrative Policy

11 October 2019 APFF Roundtable Q. 3, 2019-0812621C6 F - Changement d’usage-impact sur l’exemption pour résidence principale

After Monsieur acquired a duplex in January 2011, he used the two units for renting to a third party and as his personal residence, respectively....

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S3-F4-C1 - General Discussion of Capital Cost Allowance

Non-pro-rata apportionment

1.77 … [T]he pro rata apportionment of the capital cost of a depreciable property would not be reasonable in all...

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1 October 2013 External T.I. 2013-0491571E5 - Partial disposition of partnership interest - ACB

Where a partner disposes of some of its units of a partnership during the year, is there an ACB adjustment for the entire amount of the income...

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18 June 2012 External T.I. 2012-0446131E5 - Meaning of "at that time" in 43(1)

"[T[he phrase 'at that time' as used in subsection 43(1) of the Act, would, in our view, refer to the time immediately before the particular...

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8 October 2010 Roundtable, 2010-0373461C6 F - Retrait d'une société de personnes

Before going on to find that there was a pro rata recognition of capital gain when 20% of a partner’s units were redeemed, CRA stated:

[A]ll the...

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8 September 2009 External T.I. 2008-0299771E5 F - Gain on Disposition of Debt

Over the years, A made advances (the "Debt") to Aco which it wholly owned, and then sold all the shares of A to an arm’s length purchaser, as...

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

A partnership has several members, some of whom hold partnership interests which participate in both income and capital of the partnership. The...

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3 May 2004 External T.I. 2003-0049061E5 F - Calcul du PBR d'une terre agricole

If farmland is divided into two lots, one of them with road access, how should the ACB be apportioned between the two parts? CRA responded:

The...

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13 August 2002 External T.I. 2002-0121295 F - PBR DES PARTS PRIVILEGIEES

Regarding an individual who sold his preferred units, but retained his common units, in a partnership, CCRA indicated that it regarded him as...

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24 April 2002 External T.I. 2001-0111185 F - DISPOSITION PARTIELLE D'UNE PARTICIPATION

Ms. A is one of the three limited partners in a limited partnership (the "LP"). Her 33 units entitle her to 1/3 of the value of the shares, 3/4 of...

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14 May 2001 Internal T.I. 2001-0065687 F - VENTE CREANCE A ESCOMPTE

An individual acquired a mortgage at a significant discount to its principal from another individual (Mr. B). CCRA assumed that the mortgage bore...

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19 September 2000 External T.I. 2000-0018505 F - COMPENSATION DE XXXXXXXXXX

CCRA did not have the facts to determine whether the granting by the taxpayer to a public authority of an option to acquire an easement on the...

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Rulings Directorate Discussion and Position Paper on Motion Picture Films and Video Tapes as Tax Shelters, Version 29/3/93 930501 (C.T.O. "Motion Picture Films - C.C.A.")

In an arrangement in which a creditor is entitled to all the income and losses following conversion of its loan into an interest in a film...

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4 August 1999 External T.I. 9918345 - GAIN ON DISPOSITION OF DEBT OBLIGATIONS

What are the tax implications to a creditor which receives a payment on account of a debt obligation’s principal amount that is greater than the...

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4 September 1991 T.I. (Tax Window, No. 9, p. 20, ¶1445)

Where there is a partial repayment of a debt acquired by a taxpayer on capital account and at a discount, the taxpayer must use the part...

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IT-373R "Farm Woodlots and Tree Farms"

Amounts received for permitting other persons to remove standing trees from a woodlot will normally reduce the adjusted cost base of the whole...

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IT-264R "Part Dispositions"

Easements

2. The granting of an easement or a public right of way is a disposition of a part of the property in respect of which it is granted....

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