Section 70

Subsection 70(1) - Death of a taxpayer

Administrative Policy

21 August 1991 T.I. (Tax Window, No. 8, p. 10, ¶1404)

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Subsection 70(2) - Amounts receivable

Cases

Crown Trust Co. v. Minister of National Revenue, 65 DTC 5176, [1965] CTC 295, [1965] S.C.R. 723

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Administrative Policy

May 2019 CPA Alberta CRA Roundtable, ITA Session – Q.20

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9 March 2015 External T.I. 2012-0469761E5 F - Rights or things

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30 July 2012 External T.I. 2011-0421801E5 F - Choix aux paragraphes 70(2) et 70(3)

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(3) application of s. 70(3) re deceased’s share of partnership WIP is at estate’s choice 246

23 March 2009 External T.I. 2008-0293131E5 F - Prestations reçues par une succession

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Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(f) amounts received by estate in settlement of deceased’s action for unpaid employment-termination disability were taxable 130
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Death Benefit survivor benefit in settlement of rights under a wage loss replacement plan could be a death benefit 143

5 March 2009 External T.I. 2008-0279241E5 F - Prestation consécutive au décès

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Death Benefit benefit paid on union member’s death could not be a death benefit (no employer-employee relationship 30
Tax Topics - Income Tax Act - Section 6 - Subsection 6(1) - Paragraph 6(1)(j) amount paid to union member could be treated as a refund of union dues with the balance taxable under s. 6(1)(j) 106

21 December 1995 External T.I. 9526035 - RIGHTS AND THINGS

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93 C.R. - Q. 38

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9 January 1992 T.I. (Tax Window, No. 15, p. 23, ¶1690)

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91 C.R. - Q.27

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12 December 1989 Memorandum (May 1990 Access Letter, ¶1207)

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18 October 89 Meeting with Quebec Accountants, Q.14 (April 90 Access Letter, ¶1166)

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81 C.R. - Q.16

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Articles

Thomas McCallum, "The Final Tax Return", CGA Magazine, January-February 2012, p.48

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Innes, "If the Tax Treatment of Accrued Gains on Inventory at Death", Estates and Trust Journal, Vol. 12, 1992, p. 122.

Subsection 70(3) - Rights or things transferred to beneficiaries

Cases

Tory Estate v. M.N.R., 73 DTC 5354, [1973] CTC 434 (FCA), briefly aff'd 76 DTC 6312, [1976] CTC 415 (SCC)

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See Also

Agence du revenu du Québec v. Teitelbaum, 2019 QCCA 1408

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Teitelbaum v. Agence du revenu du Québec, 2017 QCCQ 8039, rev'd 2019 QCCA 1408

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Administrative Policy

22 September 2011 External T.I. 2011-0394961E5 F - Droits ou biens

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28 June 2017 External T.I. 2016-0653921E5 F - Beneficiary/person beneficially interested

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(25) testamentary trust could be considered to have a right as beneficiary in estate 122

30 July 2012 External T.I. 2011-0421801E5 F - Choix aux paragraphes 70(2) et 70(3)

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(2) if desire for s. 70(3) to apply, a timely revocation of s. 70(2) election can be made 261

Subsection 70(5) - Capital property of a deceased taxpayer

Cases

Nussey v. Canada, 2001 DTC 5240, 2001 FCA 99

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Tax Topics - General Concepts - Effective Date agreed retroactive redemption date was ineffective 81
Tax Topics - General Concepts - Mistake 160

The Queen v. Mastronardi Estate, 77 DTC 5217, [1977] CTC 355 (FCA)

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See Also

Bueti v. The Queen, 2015 DTC 1213 [at 1374], 2015 TCC 265

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Tax Topics - General Concepts - Ownership residuary beneficiary had no ownership of estate property 118
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(a) residuary beneficiary did not acquire as a consequence of death 135

Nauss v. The Queen, 2005 DTC 1370, 2005 TCC 488 (Informal Procedure)

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Tax Topics - General Concepts - Fair Market Value - Land 152

Anderson Estate v. The Queen, 95 DTC 758 (TCC)

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Administrative Policy

15 June 2021 STEP Roundtable, Q.6

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Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Trust - Paragraph (g) meaning of vested indefeasibly/ no particular T3 disclosure is required where all the interests in a trust have vested indefeasibly 278

8 July 2020 CALU Roundtable Q. 7, 2020-0842251C6 - Valuation of private company shares

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Tax Topics - General Concepts - Fair Market Value - Other special voting shares generally are not accorded value 117

29 May 2018 STEP Roundtable Q. 8, 2018-0742141C6 - Application of subsection 70(5)

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6 October 2017 APFF Financial Strategies and Instruments Roundtable Q. 8, 2017-0712621C6 F - Dépôt en monnaie étrangère-Immobilisation

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Tax Topics - Income Tax Act - Section 39 - Subsection 39(1.1) non-application to FX deposits 187

10 June 2016 STEP Roundtable Q. 10, 2016-0645781C6 - US Revocable Living Trusts

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Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(1) U.S. revocable living trust is not a bare trust 171
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) - Paragraph 248(8)(a) remainder beneficary of inter vivos trust 165

12 December 2014 External T.I. 2013-0511391E5 F - Deemed disposition of capital interest in personal trust

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Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) full step-up of properties distributed in satisfaction of an estate's capital interest in an inter vivos personal trust 340

24 May 2012 External T.I. 2011-0429991E5 - Price Adjustment Clause

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Tax Topics - General Concepts - Effective Date 157

28 November 2010 CTF Roundtable, 2013-0487431C6 - Value of Vote-Only Shares – 2010 CTF Conference

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7 October 2005 Roundtable, 2005-0138111C6 F - Actions donnant droit au produit d'assurance-vie

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7 October 2005 Roundtable, 2005-0138361C6 F - Actions d'assurance vie

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4 October 2002 External T.I. 2002-0154725 - LIFE INTEREST-REMAINDER INTEREST

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11 February 2002 External T.I. 2000-0004416 -

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May 1999 CALU Conference No. 9908430 Q. 8

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3 March 1995 External T.I. 9429915 - TRANSFER ON DEATH OF JOINTLY-OWNED PROPERTY

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29 July 1992 External T.I. 5-921406 -

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90 C.R. - Q54

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88 C.R. - Q49

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86 C.R. - Q56

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IC 89-3 "Policy Statement on Business Equity Valuations"

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Fair Market Value - Shares 0

Articles

Brian Nichols, "Double Taxation 101", Tax Topics, No. 1570, 11 April 2002, p. 1

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Cadesky, "Succession of the Family Business", Estates and Trusts Journal, 1994, Volume 13, p. 219.

Subsection 70(5.1)

Administrative Policy

6 December 2011 External T.I. 2010-0384701E5 F - Décès contribuable - Immobilisation admissible

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Tax Topics - General Concepts - Effective Date CRA policy of price adjustment clauses inapplicable where deferred sale price subsequently adjusted 253
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.2) CRA policy for adjusting a statute-barred year for a reduction in the 5th year of staged-proceeds sale 147

Subsection 70(5.2) - Resource property and land inventory

Administrative Policy

22 June 2020 External T.I. 2017-0728051E5 F - Land inventory

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Words and Phrases
land

20 June 2014 External T.I. 2014-0532221E5 - Disposition of Canadian resource property

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Subsection 70(5.3) - Fair market value

Administrative Policy

19 May 2021 CLHIA Roundtable Q. 5, 2021-0884301C6 - 2021 CLHIA Roundtable - Q5 - Life insurance shares

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19 May 2021 CLHIA Roundtable Q. 4, 2021-0884291C6 - 2021 CLHIA Roundtable - Q4 - Life insurance shares

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8 July 2020 CALU Roundtable Q. 5, 2020-0842191C6 - Jointly owned policies - 70(5.3)

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Tax Topics - General Concepts - Fair Market Value - Other valuation of co-owned whole life policy 127

20 September 1993 External T.I. 9321275 - LIFE ANNUITIES

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84 C.R. - Q.54

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Subsection 70(6) - Where transfer or distribution to spouse or spouse trust

Cases

Picard v. Lagotte Succession, 2017 QCCS 330 (Quebec Superior Court)

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(6.2) executor was authorized under will to choose not to elect 595

Greenwood Estate v. The Queen, 94 DTC 6190, [1994] 1 CTC 310 (FCA)

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Words and Phrases
indefeasible vesting

Van Son Estate v. The Queen, 90 DTC 6183, [1990] 1 CTC 182 (FCTD)

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Hillis v. The Queen, 83 DTC 5365, [1983] CTC 348 (FCA)

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Tax Topics - Statutory Interpretation - Resolving Ambiguity 58

Katz Estate v. The Queen, 76 DTC 6377, [1976] CTC 633 (FCTD)

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Tax Topics - Income Tax Act - Section 249 - Subsection 249(1) 50

See Also

Husel Estate v. The Queen, 94 DTC 1765, [1995] 1 CTC 2298 (TCC)

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May Estate v. MNR, 89 DTC 534, [1989] 2 CTC 2305 (TCC)

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Tax Topics - General Concepts - Effective Date 23

The Queen v. Green Estate, 78 DTC 6324, [1978] CTC 501 (FCTD)

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Administrative Policy

29 May 2018 STEP Roundtable Q. 4, 2018-0743951C6 - Safe income and estate

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Tax Topics - Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) safe income flow through on a s. 70(6), but not s. 70(5), transfer 111

13 June 2017 STEP Roundtable Q. 11, 2017-0693331C6 - Substituted property of estate

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9 October 2015 APFF Financial Strategies and Instruments Roundtable Q. 9, 2015-0596611C6 F - Transfer 70(6)

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16 June 2014 STEP Roundtable, 2014-0523091C6 - STEP CRA Roundtable – June 2014

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11 January 2012 STEP Roundtable, 2011-0402291C6 - Subsection 248(8)-Intestacy-Transfer of Property

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12 March 2012 External T.I. 2010-0378451E5 - Vested Indefeasibly

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8 October 2010 Roundtable, 2010-0371911C6 F - Biens dévolus au conjoint

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30 January 2009 External T.I. 2008-0287541E5 F - Décès - actions détenues en indivision

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(21) block of shares is not a single property, so that partition must occur on a share-by-share basis giving rise to separately-held fractional shares 277

17 December 1996 Internal T.I. 9625727 - REMARRIAGE CLAUSE & DEF'N OF SPOUSAL TRUST

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9 May 2007 External T.I. 2006-0189931E5 F - Renonciation à une fiducie par un conjoint

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Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) renunciation of interest in spousal trust not a disposition to the family beneficiaries 84
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition extinguishment of trust interests on their renunciation is a disposition of the renounced interest, but resulting variation of trust to accelerate distribution entitlements is not 167
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a) variation of spousal trust, following renunciation by spouse, to accelerate distribution entitlement of residuary beneficiaries would not engage s. 104(4) until distribution 195

14 November 1996 External T.I. 9627345 - LENDING POWERS IN A SPOUSAL TRUST

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5 May 1995 External T.I. 9500985 - ASSUMPTION OF LIABILITIES

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17 August 1994 External T.I. 9410535 - TRUSTS - "AS A CONSEQUENCE OF THE TAXPAYER'S DEATH"

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30 November 1993 External T.I. 9327165 - VESTED INDEFEASIBLY

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22 November 1991 T.I. (Tax Window, No. 13, p. 7, ¶1632)

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22 August 1991 T.I. (Tax Window, No. 8, p. 19, ¶1406)

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15 April 1991 T.I. (Tax Window, No. 2, p. 23, ¶1202)

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3 December 1990 Memorandum (Tax Window, Prelim. No. 2, p. 15, ¶1077)

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14 November 1990 T.I. (Tax Window, Prelim. No. 2, p. 10, ¶1042)

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14 May 1990 T.I. (October 1990 Access Letter, ¶1466)

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2 April 1990 T.I. (September 1990 Access Letter, ¶1420)

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19 April 1990 T.I. (July 1990 Access Letter, ¶1324)

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7 December 1989 T.I. (May 1990 Access Letter, ¶1225)

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3 November 89 T.I. (April 90 Access Letter, ¶1173)

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84 C.R. - Q.29

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80 C.R. - Q.42

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IT-449R "Meaning of 'Vested Indefeasibly'"

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Words and Phrases
vest indefeasibly

IT-305R3 "Establishment of Testamentary Spouse Trust"

Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt 32

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Trusts Resident in Canada", Chapter 3 of Canadian Taxation of Trusts, (Canadian Tax Foundation), 2016.

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(3) 374
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(4) - Paragraph 251.1(4)(d) 437
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(1) - Paragraph 251.1(1)(g) - Subparagraph 251.1(1)(g)(ii) 115
Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) 141
Tax Topics - Income Tax Act - Section 112 - Subsection 112(3.2) 331
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(1) 144
Tax Topics - Income Tax Act - Section 251.2 - Subsection 251.2(3) - Paragraph 251.2(3)(b) 112
Tax Topics - Income Tax Act - Section 252.2 - Subsection 252.2(2) 115
Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(i) 176
Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) - Paragraph 70(6)(d.1) 161
Tax Topics - Treaties - Income Tax Conventions - Article 29B 239
Tax Topics - Income Tax Act - Section 248 - (2)-(41) 157
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) 199
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a.2) 59
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a.3) 38
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(6) 174
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) 164
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(24) 163
Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) 91
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(18) 49
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.01) 66
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(19) 311
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) 125
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(bb) 144
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) 379

Paragraph 70(6)(a)

Administrative Policy

30 September 2010 Internal T.I. 2010-0373901I7 F - Bigamie fiscale - transfert de biens au décès

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Tax Topics - Income Tax Act - Section 40 - Subsection 40(4) - Paragraph 40(4)(b) - Subparagraph 40(4)(b)(i) application of s. 40(4)(b)(i) by both surviving spouse re House A and surviving common-law partner re House B – but not for overlapping years 244

Paragraph 70(6)(b)

Administrative Policy

20 April 2016 External T.I. 2015-0601141E5 - Delay in final distribution from spousal trust

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Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Classification of Trusts for Income Tax Purposes", Chapter 2 of Canadian Taxation of Trusts (Canadian Tax Foundation), 2016.

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Subparagraph 70(6)(b)(ii)

Administrative Policy

7 October 2020 APFF Roundtable Q. 5, 2020-0852171C6 F - Usufruct of a principal residence

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Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (c.1) a deemed s. 248(3) testamentary usufruct trust might access the principal residence exemption on the spousal usufructuary’s death or on her surrendering her interest 409
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(4) application of s. 107(4) to termination of deemed s. 248(3)(a) spousal trust 472
Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) application of s. 248(3) to usufruct created by will and terminated by death of usufructuary or surrender by her, or assignment or death by bare owner 286

5 October 2018 APFF Financial Strategies and Instruments Roundtable Q. 7, 2018-0761511C6 F - Rollover to spousal trust on death

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20 April 2017 External T.I. 2016-0672501E5 F - Usufruct and Use of capital of a trust by a spouse

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) - Paragraph 248(3)(a) deemed spousal trust created through will 118

5 October 2012 Roundtable, 2012-0453121C6 F - Fiducie au conjoint-police d'assurance-vie

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Paragraph 70(6)(d.1)

Articles

Elie Roth, Tim Youdan, Chris Anderson, Kim Brown, "Taxation of Trusts Resident in Canada", Chapter 3 of Canadian Taxation of Trusts, (Canadian Tax Foundation), 2016.

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(3) 374
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(4) - Paragraph 251.1(4)(d) 437
Tax Topics - Income Tax Act - Section 251.1 - Subsection 251.1(1) - Paragraph 251.1(1)(g) - Subparagraph 251.1(1)(g)(ii) 115
Tax Topics - Income Tax Act - Section 164 - Subsection 164(6) 141
Tax Topics - Income Tax Act - Section 112 - Subsection 112(3.2) 331
Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(1) 144
Tax Topics - Income Tax Act - Section 251.2 - Subsection 251.2(3) - Paragraph 251.2(3)(b) 112
Tax Topics - Income Tax Act - Section 252.2 - Subsection 252.2(2) 115
Tax Topics - Income Tax Act - Section 256 - Subsection 256(7) - Paragraph 256(7)(i) 176
Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) 1201
Tax Topics - Treaties - Income Tax Conventions - Article 29B 239
Tax Topics - Income Tax Act - Section 248 - (2)-(41) 157
Tax Topics - Income Tax Act - Section 248 - Subsection 248(8) 199
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a.2) 59
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(4) - Paragraph 104(4)(a.3) 38
Tax Topics - Income Tax Act - Section 118.1 - Subsection 118.1(6) 174
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(6) 164
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(24) 163
Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) 91
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(18) 49
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(7.01) 66
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(19) 311
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(13) 125
Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(bb) 144
Tax Topics - Income Tax Act - 101-110 - Section 104 - Subsection 104(2) 379

Subsection 70(6.2) - Election

Cases

Picard v. Lagotte Succession, 2017 QCCS 330 (Quebec Superior Court)

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) transfer of estate property to a beneficiary ordered to have “occurred, for tax purposes, at an amount equal to its adjusted cost base” 184

Administrative Policy

12 June 2012 STEP CRA Roundtable, 2012-0442921C6 - STEP CRA Roundtable - June 2012 Q.9

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11 July 2007 External T.I. 2006-0206391E5 F - Choix du paragraphe 70(6.2) - société de personnes

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Property each share, unlike a partnership unit, is a distinct property 115

91 C.R. - Q.43

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6 March 1991 External T.I. 5-910239 -

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90 C.R. - Q55

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Subsection 70(9) - When subsection (9.01) applies

Cases

The Queen v. Boger Estate, 93 DTC 5276, [1993] 2 CTC 81 (FCA)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Trust - Paragraph (g) meaning of "vested" and "indefeasible" 121

See Also

Bouchard Estate v. MNR, 93 DTC 1511, [1993] 2 CTC 3003 (TCC)

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Lewis v. MNR, 89 DTC 291, [1989] 2 CTC 2011 (TCC)

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Administrative Policy

8 February 2018 External T.I. 2016-0670841E5 - Inter-generational rollover of farm property

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 70 - Subsection 70(10) - Share of the Capital Stock of a Family Farm or Fishing Corporation one individual's work can qualify multiple farming corps 134
Tax Topics - Income Tax Act - Section 73 - Subsection 73(4) rollover is available where one individual working on properties of multiple corps or partnerships 134

2 December 2010 External T.I. 2010-0376451E5 F - Paragraphe 69(11) et transfert de biens agricoles

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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)(a) capital gains exemption could apply where farming property, that was farmed by father but not sons, is devised to sons who then sell 200
Tax Topics - Income Tax Act - Section 69 - Subsection 69(11) s. 69(11) could apply where devisee sells qualified farm property shortly after receiving it under s. 70(9.01) 178

81 C.R. - Q.37

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Paragraph 70(9)(a)

Administrative Policy

6 October 2008 External T.I. 2008-0271421E5 F - Terres à bois-plan d'aménagement forestier Québec

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Tax Topics - Income Tax Act - Section 73 - Subsection 73(3) - Paragraph 73(3)(c) Quebec regional agencies’ plans for forest management plans would generally satisfy s. 73(3)(c), whose “engaged” requirement would be met if such plans did not require work 257
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Farming woodlot, to be a farm, must focus on the fostering of the stand 95

Subsection 70(9.4)

See Also

McCreath Trust v. The Queen, 82 DTC 6294 (FCA)

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Subsection 70(9.01) - Transfer of farming and fishing property to child

Administrative Policy

25 February 2015 External T.I. 2014-0534681E5 F - Interaction of subsections 69(11) and 70(9.01)

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Subsection 70(10) - Definitions

Child

Administrative Policy

4 November 2011 Internal T.I. 2011-0413341I7 F - Bien agricole admissible

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Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Farming nursery qualifies as farming if focused on growing rather than selling 107
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Share of the Capital Stock of a Family Farm or Fishing Corporation - Paragraph (a) - Subparagraph (a)(i) meaning of “actively engaged on a regular and continuous basis” requirement 152
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1.3) - Paragraph 110.6(1.3)(c) s. 110.6(19) election effected a post-1987 acquisition 159
Tax Topics - Income Tax Act - Section 73 - Subsection 73(3) - Paragraph 73(3)(c) rollover unavailable where taxpayer rented out the land to a farmer 153

Share of the Capital Stock of a Family Farm or Fishing Corporation

Administrative Policy

8 February 2018 External T.I. 2016-0670841E5 - Inter-generational rollover of farm property

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Tax Topics - Income Tax Act - Section 70 - Subsection 70(9) intergenerational transfer of a farming business can occur where one individual worked on more than one farm 207
Tax Topics - Income Tax Act - Section 73 - Subsection 73(4) rollover is available where one individual working on properties of multiple corps or partnerships 134

24 December 2012 External T.I. 2012-0457881E5 - Share of a capital stock of a family farm

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1 March 2000 External T.I. 1999-0011375 - Family Farm Corporation

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26 March 1991 T.I. (Tax Window, No. 1, p. 17, ¶1171)

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Paragraph (b)

Administrative Policy

11 February 2014 External T.I. 2014-0517611E5 F - Actions d'une société agricole familiale

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Words and Phrases
principally