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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| 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...
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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| 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...
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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| 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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|---|---|---|
| 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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| 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 |
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...
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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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property | preferred and common partnership units were single property | 100 |
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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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | reclassification of LP units into three classes of alphabet units did not entail a disposition | 183 |
| Tax Topics - Income Tax Act - Section 97 - Subsection 97(2) | creation of 3 classes of units which tracked the 3 types of partnership property was not a disposition and did not engage s. 97(2) | 218 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property | all units of three classes constituted a single property to the limited partner | 158 |
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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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (b) - Subparagraph (b)(i) | blended monthly payments of interest and principal received pursuant to a mortgage acquired at a discount each gave rise to a capital gain | 135 |
| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | holder on income account of a mortgage can choose to recognize the discount only after he has recovered his purchase price through the blended principal payments | 169 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(14) | application of s. 20(14) to acquisition of mortgage | 147 |
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...
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...
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...
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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| 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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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Commodities, and commodities futures and derivatives | 35 |
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....