Cases
Klotz v. The Queen, 2004 DTC 2236, 2004 TCC 147, aff'd 2005 DTC 5279, 2005 FCA 158
Prints which the taxpayer purchased without seeing or taking personal possession of and then immediately donated to a Florida university were...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(1) - Total Charitable Gifts | 113 | |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | 38 | |
| Tax Topics - Statutory Interpretation - Interpretation/Definition Provisions | "includes" is expansive | 61 |
See Also
Plamondon v. The Queen, 2011 DTC 1137 [at at 746], 2011 TCC 47 (Informal Procedure)
Hogan J found that dried insects donated by the taxpayer to Laval University were individually appraised and did not "form an unbreakable set,"...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 46 - Subsection 46(3) | 83 |
Donato v. The Queen, 2009 DTC 1384 [at at 2111], 2009 TCC 590
Cartoons that the taxpayer donated to Brock University were not personal-use property given that the drawings had been created by him in the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | reasonable not to foresee rectification order | 94 |
Administrative Policy
2 November 2023 APFF Roundtable Q. 9, 2023-0982911C6 - APFF - Congrès 2023 - Table ronde sur la fiscalité
Madame Y made a cash purchase of a bitcoin on a central exchange platform in order that she could ultimately pay for items online. Subsequently,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss - Damages | bitcoin loss from fraud might be capital loss, and timing of a loss could be governed by s. 44(2) | 241 |
| Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition - Paragraph (b) | damages for loss of bitcoin from fraud would be compensation for property unlawfully taken | 94 |
20 June 2023 STEP Roundtable Q. 1, 2023-0961341C6 - Personal-Use Property
CRA confirmed that since an estate is a separate taxpayer from the deceased, items that were personal-use property (PUP) of the deceased and,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 46 - Subsection 46(1) | personal-use property (PUP) of the deceased may not be PUP of the estate | 175 |
7 October 2016 APFF Financial Strategies and Instruments Roundtable Q. 4, 2016-0651791C6 F - Choix 45(2) et (3) - immeuble à logements
If a duplex was a single property, the election of February 22, 1994 respecting the elimination of the $100,000 capital gains exemption would be...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(3) | invalidity of s. 45(3) elections on duplex units applied only for changes of use after February 21, 2012 | 185 |
| 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 |
7 November 2014 External T.I. 2014-0536261E5 F - Bien à usage personnel
An individual lease a foreign real estate property to the individual's brother, to live there with his family, for a fair market value rent. Is...
2013 Ruling 2012-0443081R3 - Distribution of pre-72 Capital Surplus on Hand
Are non-interest bearing loans, for example to a non-resident corporation or to a non-resident child of a parent, "personal-use property" ("PUP")...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 186 - Subsection 186(1) | circularity issue | 673 |
| Tax Topics - Income Tax Act - Section 88 - Subsection 88(2) | 737 |
12 February 2013 Internal T.I. 2012-0437211I7 F - NRT rules and subsection 164(6)
The estate of an individual was deemed to be resident in Canada. At the time of his death, the deceased held his Canadian principal residence. ...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) | s. 94 deemed resident trust could carry back under s. 164(6) re capital loss on non-TCP shares | 318 |
| Tax Topics - Income Tax Act - Section 94 - Subsection 94(3) - Paragraph 94(3)(a) | estate of resident deceased with one resident beneficiary was subject to s. 94(3) | 315 |
3 June 2011 STEPs Roundtable Q. 10, 2011-0401871C6 F - Personal use property of an estate
a cottage owned by an estate which has not been used by any of the beneficiaries or related individuals would not be personal-use property, so...
23 April 2003 Internal T.I. 2003-0008767 F - Benefits Conferred on Shareholders
The corporation built a luxury house on land belonging to its shareholder for his exclusive benefit and use and to his specifications, with its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | shareholder benefit where house sold to shareholder at a loss attributable to its having been built to his luxury specifications | 194 |
| Tax Topics - Income Tax Act - Section 46 - Subsection 46(4) | policy of s. 46(4) supported the finding of a shareholder benefit when personal-use property of corporation sold at a loss (representing luxury elements that did not add value) to its shareholder | 238 |