Section 45

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

Paragraph 45(1)(a)

Commentary

S. 45(1) on its face only applies where there has been a conversion of the use of a property use from an income-producing purpose (e.g., as a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Cases

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

The taxpayer, which leased flight simulators which it had manufactured, subsequently sold those simulators. The Minister denied capital cost...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
use

Duthie Estate v. The Queen, 95 DTC 5376, [1995] 2 CTC 157 (FCTD)

A change of use for purposes of s. 45(1)(a) from personal-use capital property to real estate inventory occurred in June 1981 at the time the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Friesen v. Canada, 95 DTC 5551, [1995] 3 S.C.R. 103

In the context of noting that the Act contemplates two basic types of property (capital property, and inventory), so that real estate held as an...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) loss recognized on decline in value of land held as an adventure 142
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Inventory property held in an adventure was inventory 83
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate undeveloped land held in speculative venture 142
Tax Topics - Statutory Interpretation - Certainty 97
Tax Topics - Statutory Interpretation - Drafting Style 95
Tax Topics - Statutory Interpretation - Inserting Words interpretation should not effectively add words 104
Tax Topics - Statutory Interpretation - Ordinary Meaning common usage of a technical term given weight 80
Tax Topics - Statutory Interpretation - Resolving Ambiguity 97
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business s. 10(1) applied to an adventure in the nature of trade even if that deemed business was not “carried on” 75

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

A taxpayer who purchased residential real estate in 1966 with the intention of renting it out until retirement and thereafter using it for his...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions disposition implied proceeds receipt 168

See Also

Latulippe v. Agence du revenu du Québec, 2019 QCCA 2177

In December 2006, the three individual taxpayers acquired, for $392,130 and in equal co-ownership, a rental building with eight apartments towards...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate subdivision of rental property prior to sale of individual units did not detract from capital account treatment 219

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

The taxpayer, who had used a property as a rental property for nine years and then allegedly used the property as a temporary residence before...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

In October every year the taxpayer acquired a new fleet of automobiles for use by its employees and transferred possession of the previous year's...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

The taxpayer had acquired seven lots adjacent to their principal residence as a protective greenbelt. Due to a change in their personal...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Roos v. The Queen, 94 DTC 1094, [1994] 1 CTC 2105 (TCC)

The taxpayers acquired a 39-acres parcel of land in 1980 in order that they could use a portion of it (4 acres as it turned out) in their tree...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit conversion to inventory when fully committed 73

Jones v. MNR, 90 DTC 1849, [1990] 2 CTC 2406 (TCC)

Four acres of land which the taxpayer (Mr. Jones) was using for his personal residence were found to have been converted to inventory at the time...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Computation of Profit no conversion when draft plan of subdivision submitted: at time of rezoning at the earliest 335

Administrative Policy

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

Do the rules in s. 45(1) apply where a home builder, who initially held a property as inventory, commenced to use it for his personal use, having...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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 130

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

Respecting the statements in C.A.E. that the change of use rules apply to the conversion of inventory to depreciable property or vice versa, CRA...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(a) CAE not followed 123

29 November 2012 External T.I. 2012-0467841E5 - Capital gain versus income

CRA confirmed the position in IT-218R, para. 12 that "vacant land used by its owner for the purpose of gaining or producing income (capital...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

9 December 2011 External T.I. 2011-0429321E5 F - Changement d'usage

For the purpose of computing the capital gain from the deemed disposition of a property (e.g., house) from rental to personal use, or vice versa,...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

9 December 2011 Internal T.I. 2011-0399641I7 F - Bien agricole admissible et un lotissement

Respecting the qualified farm property status of a farm lot that was used as to 60% by Ms. X's husband in the course of carrying on market...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1.3) - Paragraph 110.6(1.3)(c) - Subparagraph 110.6(1.3)(c)(ii) 5-year “used principally” test was satisfied where a single lot was used 60% in farming 163

11 June 2010 External T.I. 2010-0354881E5 F - Traitement fiscal de la FNACC

CRA indicated that where the taxpayer ceased to use a class of depreciable property (a Canadian film and video production ("CFVP") included in...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 20 - Subsection 20(16) ceasing to use a class of depreciable property to generate income results in a terminal loss under ss. 45(1)(a) and 20(16) 158

14 March 2003 External T.I. 2003-0002465 F - Usu-droit privé franc.- nu- prop. Canadien

The taxpayer acquired, by will, the bare ownership (under French law) of a French rental property, with the rental income therefrom going to her...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) rental property of bare owner was not eligible for CCA, as rental income was that of French usufructuary 60

21 February 2000 External T.I. 2000-0004915 - FARMLAND-CONV. TO INVENTORY

A farmer owning farmland applies for subdivision, then further develops and sells the lots. At which of these two phases is the land converted to...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

29 March 1996 External T.I. 9600785 - FORFEITED DEPOSIT

Taxpayers, who had owned a parcel of land used by them in farming for over 40 years, applied in 1989, for a plan of subdivision, and in 1995, the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

21 February 1994 External T.I. 9335765 F - Conversion From Inventory to Capital

Because the application of s. 45(1) is limited to capital property for purposes of the determination of capital gains and losses in accordance...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

8 July 1992 External T.I. 5-920633

Where a corporation has acquired vacant land as capital property and not for an income-producing purpose and changes the use of the land by...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) 33

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

A taxpayer who acquires vacant land for one use and, at a later date, starts to use it to generate income, will have s. 45(1)(a)(i) apply at the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

Where an individual, who had been a full-time farmer, decided to give up farming to work in a different occupation, but retained the farmland and...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

8. Where capital property is converted to inventory, the action of conversion does not constitute a disposition within the meaning of paragraphs...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

10....where real estate is converted from capital property to inventory...for real estate that is used for the purpose of gaining or producing...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Articles

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

Subparagraph 45(1)(a)(i)

Administrative Policy

10 November 2004 External T.I. 2004-0077831E5 F - Biens à usage personnel

The taxpayer (Mr. X) accumulated over 35 years a collection of objects from an era out of a passion for objects from that era. Over the years, he...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Collectibles collection of items of personal interest accumulated over 35 years, with some trading, and then auctioned off, likely were capital property 253
Tax Topics - Income Tax Act - Section 46 - Subsection 46(3) selling off personal collection one-by-one on auction site did not engage s. 46(3) 259

Subparagraph 45(1)(a)(ii)

See Also

Denis v. Agence du revenu du Québec, 2019 QCCQ 6708

The taxpayer sold a triplex in 2011 at a gain, which he reported as being fully exempt under the Quebec principal residence exemption. The...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 54 - Principal Residence three units in triplex were not integrated and did not form one housing unit 383

Administrative Policy

18 December 2006 External T.I. 2006-0208681E5 - Change in Use

A couple purchased a cottage in 2001, rented it out for four years as requested by the vendor, then in 2005 commenced to use it for personal use. ...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Paragraph 45(1)(b)

Administrative Policy

3 November 2008 Internal T.I. 2008-0285781I7 F - Résidence principale

A residence was acquired partly for business use and party for use as a principal residence by the taxpayers, who claimed a portion of the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Paragraph 45(1)(c)

Administrative Policy

7 October 2022 APFF Roundtable Q. 10, 2022-0942161C6 F - Règles particulières sur les changements d’usage

An individual owns a chalet that is personally occupied for six months of the year (May to October) and is rented out to others for the remaining...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) where s. 45(2) election is made on change to rental use, no change of use when the property changes back to actual personal use 178

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

CRA considerd a real estate property that has not been partitioned to be a single property. Thus, for example, if a duplex containing two...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

An individual acquires a duplex in 2010 consisting of two identical units. The individual occupies the first unit and rents out the second. At the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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 165
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property duplex is single property 51

S4-F2-C2 - Business Use of Home Expenses

Exception re ancillary use

2.43 ... [I]t is the CRA’s practice not to apply the partial change in use rules and resulting capital gains tax...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

For the purposes of the s. 45 change-of-use rules, a child’s occupation of a dwelling is considered as personal use if a below-market rent is...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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 409
Tax Topics - Income Tax Act - Section 54 - Principal Residence triplex contained separate housing units 151

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

A taxpayer renovates the basement of his home by adding a separate door, permitting access from the outside, in order to establish offices there...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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 96
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(5) Reg. 1102(5) not applicable where door added by tenant to basement rental property 181

30 October 2013 External T.I. 2013-0500831E5 F - Frais de bureau à domicile

A corporation is using an office in its individual shareholder’s home. , “for the shareholder to be able to deduct expenses for the room in...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 8 - Subsection 8(13) inapplicable where corporation uses its individual shareholder's office 71
Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose to deduct applicable home expenses, individual shareholder must charge rent to corporation using home office 44

17 April 2013 External T.I. 2013-0475301E5 F - Résidence principale - changement d'usage partiel

After acquiring a two-storey house, work was done in the basement of the house so that it could be rented out. Does this affect the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

21 February 2012 External T.I. 2011-0417471E5 F - Changement d'usage - paragraphe 45(3)

A taxpayer inhabited as a principal residence a unit of a taxpayer-owned duplex and integrates that unit, through major renovations, with the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 45 - Subsection 45(3) s. 45(3) election not available where 2nd unit in taxpayer-owned duplex changed from rental to personal use 146
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property immovable (including a duplex used 2 different ways) is considered a single property unless subdivided 87

7 January 2004 Internal T.I. 2003-0038217 F - gain en capital / résidence principale

A taxpayer constructed a housing unit for his son and son's spouse on the second floor of his personal residence and incurred small losses in...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit rental of second floor of house to son at cost was not a business 92

20 October 2001 External T.I. 2003-0007015 F - RESSOURCE INTERMEDIAIRE

An individual employed by a Quebec public institution received compensation pursuant to the Act respecting health services and social services for...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 81 - Subsection 81(1) - Paragraph 81(1)(h) amounts received for accommodating disabled individuals in the taxpayer’s home were exempted 81

Subparagraph 45(1)(c)(i)

Administrative Policy

11 September 2017 External T.I. 2017-0706851E5 F - Changement partiel d'usage - Immeuble locatif

Mr. X, who had acquired in 2002 a three-unit rental building (the "Triplex") consisting of three identical units, then became a non-resident...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 216 - Subsection 216(1) previous s. 216 use of property taken into account, following immigration to Canada, under ss. 13(7)(d)(ii) and 45(1)(c)(i) 121

Subsection 45(2) - Election where change of use

See Also

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

Campbell J. found that because the deceased taxpayer did not make a s. 45(2) election in a return for 1990, she was prevented from doing so at a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Administrative Policy

7 October 2022 APFF Roundtable Q. 10, 2022-0942161C6 F - Règles particulières sur les changements d’usage

An individual owns a chalet that is personally occupied for six months of the year (May to October) and is rented out to others for the remaining...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(c) no change in the regular use under s. 45(1)(c) where a property regularly alternates between personal and rental use 217

9 May 2022 Internal T.I. 2018-0790251I7 - 45(2) election and beneficial ownership

Spouses purchased a home in 2006 which they used as their primary residence until 2015, when they moved out and started renting it out. Although...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Words and Phrases
beneficial ownership
Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership a spouse could be the beneficial owner even though she did not contribute to the property's purchase / owner means beneficial owner 220

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

Is a duplex or triplex a single property (subject to the land-building allocation) for purposes of ss. 45(2) and (3)? CRA responded...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

Mr. A rented out his home during his final years in a nursing home. Would CRA accept from his executor a late-filed s. 45(2) election for the home...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.2) late s. 45(2) election filed by executor 94

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

If a non-resident holding Canadian real estate rescinds, in a subsequent taxation year, a s. 45(2) election that was made with respect to the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 116 - Subsection 116(3) s. 116(3) filing requirement counted from date of deemed disposition under s. 45(2) 109

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

The taxpayer, who sold a duplex to a non-arm's length person, filed his tax return on time without disclosing the disposition, then approximately...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

16 December 2011 External T.I. 2011-0419211E5 F - Choix à 45(2)

Mr. A’s terminal return made a s. 45(2) election respecting a change in use to rental use earlier that year of the principal residence of him...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

8 July 1992 External T.I. 5-920633

A taxpayer will be allowed to elect under s. 45(2) in relation to a capital property even where it is not a depreciable property subject to the...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

An election may be made under s. 45(2) in respect of capital property which does not constitute depreciable property to which s. 13(7)(b)...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Subsection 45(3) - Election concerning principal residence

Administrative Policy

7 October 2020 APFF Financial Strategies and Instruments Roundtable Q. 8, 2020-0851641C6 F - Availability of tax information

An individual’s accountant needs to know if the taxpayer has ever claimed CCA on a portion of a rental triplex in order to determine whether a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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....

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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 43 - Subsection 43(1) allocation of ACB between units in a duplex 177

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

What should an individual do who, a number of years ago, changed the use of a duplex within the potential scope of s. 45(3) election, and is now...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 54 - Personal-Use Property land underlying duplex used 40% personally is not personal-use property 233
Tax Topics - Income Tax Regulations - Regulation 1102 - Regulation 1102(2) Reg. 1102(2) deems building to be separate from land and does not bifurcate the land 176
Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(g) - Subparagraph 40(2)(g)(iii) capital loss recognition on land underlying duplex used 40% personally 78

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

After an individual made the s. 45(3) election, the principal residence was transferred on a rollover basis under s. 73(1) to the individual's...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

The Directorate confirmed the position it took in 2011-0417471E5, which it summarized as follows (TaxInterpretations translation):

[T]here is a...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

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

In 2007 the taxpayer and his spouse leave their principal residence for new employment and rent out the residence until 2011 without making the s....

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

21 February 2012 External T.I. 2011-0417471E5 F - Changement d'usage - paragraphe 45(3)

Can a taxpayer make the s. 45(3) election where the taxpayer inhabited as a principal residence a unit of a taxpayer-owned duplex and integrates...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(c) s. 45(1)(c) applies where 2nd unit in taxpayer-owned duplex changed from rental to personal use 150
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property immovable (including a duplex used 2 different ways) is considered a single property unless subdivided 87

18 December 2007 External T.I. 2007-0224761E5 F - Changement d'usage partiel et choix 45(3)

As a result of a condo owned by Mr. X having been included in a rental pool, it was used 80% for renal use and 20% for his personal use. If Mr. X...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

30 May 2007 External T.I. 2006-0200271E5 F - Bien agricole et résidence principale

The owner of a farm house purported to make the s. 45(3) election when she moved into a nursing residence. CRA stated:

Subparagraph 45(1)(a)(ii)...

The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 40 - Subsection 40(4) s. 45(3) election did not extend time that farm house was a principal residence, once the occupant went to nursing home 350
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1.3) - Paragraph 110.6(1.3)(c) principally references over 50% of use 52