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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (c) reporting of principal residence exemption when the residence had been expanded from 1 to 2 duplex units 278
Tax Topics - Income Tax Act - Section 45 - Subsection 45(3) method for making s. 45(3) election where conersion of duplex 181

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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense 556
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A 791
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property 218
Tax Topics - Income Tax Act - Section 16.1 - Subsection 16.1(1) 275
Tax Topics - Income Tax Act - Section 13 - Subsection 13(28) 254
Tax Topics - Income Tax Act - Section 13 - Subsection 13(27) 222
Tax Topics - Income Tax Act - Section 13 - Subsection 13(29) 155
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2) 212
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(2.2) 351
Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(3) 70
Tax Topics - Income Tax Act - Section 18 - Subsection 18(3.1) 166
Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.5) 207
Tax Topics - Income Tax Act - Section 261 - Subsection 261(2) 65
Tax Topics - Income Tax Act - Section 128.1 - Subsection 128.1(1) - Paragraph 128.1(1)(b) 230
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) 170
Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(e) 65
Tax Topics - Income Tax Act - Section 68 197
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21.1) - Paragraph 13(21.1)(a) 75
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21.1) - Paragraph 13(21.1)(b) 212
Tax Topics - Income Tax Act - Section 13 - Subsection 13(1) 431
Tax Topics - Income Tax Act - Section 8 - Subsection 8(2) 75
Tax Topics - Income Tax Act - Section 20 - Subsection 20(16.1) 152
Tax Topics - Income Tax Act - Section 13 - Subsection 13(9) 229
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) 321
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 8 237
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5) 317
Tax Topics - Income Tax Act - Section 13 - Subsection 13(6) 221

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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(i) all units are single property/entire gain allocated to remaining units 177

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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(3) negative ACB realized pro rata as units are redeemed 51
Tax Topics - Income Tax Act - Section 100 - Subsection 100(2) negative ACB realized pro rata under s. 100(2) as portion of the units are redeemed each year 201
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property partnership unit is not separate property from other units 57

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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit partial repayment of low-cost debt generates business income if held on income account 89

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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition no disposition if new partnerships interests exchanged for old interests that in totality are not substantially distinguishable 213
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

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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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit 52

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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