Section 45

Subsection 45(1) - Property with more than one use

Paragraph 45(1)(a)

Cases

C.A.E. Inc. v. Canada, 2013 DTC 5084 [at 5944], 2013 FCA 92

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Duthie Estate v. The Queen, 95 DTC 5376 (FCTD)

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Derlago v. The Queen, 88 DTC 6290, [1988] 2 CTC 21 (FCTD)

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Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions disposition implied proceeds receipt 96

See Also

Sidhu v. The Queen, 2004 DTC 2540, 2004 TCC 174

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Hewlett Packard (Canada) Ltd. v. The Queen, 2003 DTC 1324 (TCC), rev'd 2004 DTC 6498, 2004 FCA 240

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Willis v. The Queen, 2003 DTC 1081, 2003 TCC 575 (Informal Procedure)

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Roos v. The Queen, 94 DTC 1094 (TCC)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit conversion to inventory when fully committed 71

Jones v. MNR, 90 DTC 1849 (TCC)

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Administrative Policy

25 September 2015 External T.I. 2015-0596921E5 - Conversion from inventory to capital

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit no s. 9 income when house converted to personal use is sold 114

26 November 2013 Annual CTF Roundtable, 2013-0493811C6 - Change in use

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Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(a) CAE not followed 113

21 February 1994 External T.I. 5-933576 -

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit 32

8 July 1992 External T.I. 5-920633 -

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) 31

1992 A.P.F.F. Annual Conference, Q. 18 (January - February 1993 Access Letter, p. 57)

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19 June 1990 T.I. (November 1990 Access Letter, p. 12, ¶1526)

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IT-102R2 "Conversion of property, other than real property, from or to inventory" 22 July 1985

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit 106

IT-218R "Profit, Capital Gains and Losses from the Sale of Real Estate, including Farmland and Inherited Land and Conversion of Real Estate from Capital Property to Inventory and Vice Versa" 16 September 19864

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Articles

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

Paragraph 45(1)(c)

Administrative Policy

3 February 2017 External T.I. 2015-0589821E5 F - Change of Use of duplex

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2 February 2017 Quebec CPA Individual Taxation Roundtable Q. 1.4, 2016-0674831C6 F - Changement d'usage - duplex

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) apportionment of operating expenses of duplex used both personally and for rental income 159
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property duplex is single property 45

7 October 2016 APFF Roundtable Q. 2, 2016-0652841C6 F - Changement partiel d’usage - immeuble locatif et résidentiel

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) on sale of triplex, individual can claim exemption only for years in which particular units were used personally or by children 387
Tax Topics - Income Tax Act - Section 54 - Principal Residence triplex contained separate housing units 144

7 August 2014 External T.I. 2014-0528841E5 F - Changement à une résidence principale

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) taxable benefit if renovations paid for by tenant-corporation increase the FMV of property to owner-shareholder 90
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(5) Reg. 1102(5) not applicable where door added by tenant to basement rental property 173

Subsection 45(2) - Election where change of use

See Also

Bullard Estate v. The Queen, 2004 DTC 2717, 2004 TCC 249

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Administrative Policy

11 October 2013 APFF Roundtable, 2013-0495621C6 F - Changement usage - Duplex

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22 August 2014 External T.I. 2014-0541171E5 - Late 45(2) Election filed by executer

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.2) late s. 45(2) election filed by executor 88

25 September 2013 External T.I. 2013-0485751E5 F - Rescinding 45(2) election by a non-resident

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13 February 2013 Internal T.I. 2012-0448391I7 - Validity of late-filed election and designation

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8 July 1992 External T.I. 5-920633 -

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1992 A.P.F.F. Annual Conference, Q. 18 (January - February 1993 Access Letter, p. 57)

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Subsection 45(3) - Election concerning principal residence

Administrative Policy

7 October 2016 APFF Financial Strategies and Financial Instruments Roundtable Q. 4, 2016-0651791C6 F - Choix 45(2) et (3) - immeuble à logements

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13 November 2014 External T.I. 2014-0535611E5 F - Changement d'usage suivi d'un roulement

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25 February 2013 Internal T.I. 2012-0440371I7 F - Changement d'usage - Duplex

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29 November 2012 External T.I. 2012-0433451E5 - Change in Use - Election under 45(3)

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