Section 73

Subsection 73(1) - Inter vivos transfers by individuals

Administrative Policy

14 March 2016 External T.I. 2016-0626781E5 - Neuman Type Situation

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) s. 15(1) might apply where spouse subscribes nominal consideration for Opco shares and receives a large discretionary dividend 226
Tax Topics - Income Tax Act - Section 56 - Subsection 56(2) s. 56(2) likely non-applicable where spouse subscribes nominal consideration for Opco shares and receives a large discretionary dividend 262
Tax Topics - Income Tax Act - Section 246 - Subsection 246(1) Kieboom treated as entailing disposition of right to receive dividends 340

28 June 2012 External T.I. 2011-0427871E5 F - Application des paragraphes 98(3) 98(5) et 73(1)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 98 - Subsection 98(5) rental operation generating property income is a business for s. 98(5) purposes 181

25 May 1995 External T.I. 9505015 - MEANING OF "ENTITLED TO RECEIVE"

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5 April 1991 T.I. (Tax Window, No. 2, p. 27, ¶1196)

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Paragraph 73(1)(b)

See Also

Ellison v Sandini Pty Ltd, [2018] FCAFC 44

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Words and Phrases
because of
Locations of other summaries Wordcount
Tax Topics - General Concepts - Ownership family court order requiring the transfer of a portion of a larger bloc of shares likely did not result in a change in their beneficial ownership as the shares likely were not fungible 1019
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition family court order did not effect a change in beneficial ownership of a larger bloc of shares held by the original owner (and in any event, the order named the wrong person) 768
Tax Topics - General Concepts - Evidence a court order could not be interpreted in light of extrinsic evidence 102

Subsection 73(1.01) - Qualifying transfers

Paragraph 73(1.01)(b)

Administrative Policy

13 July 2011 External T.I. 2011-0400951E5 F - Alinéa 73(1.01)b) - régime de séparation de biens

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6 October 2017 APFF Financial Strategies and Instruments Roundtable Q. 1, 2017-0705221C6 F - Property transfers - common law partners in Québec

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 146 - Subsection 146(16) - Paragraph 146(16)(b) a common-law partners’ separation agreement can engage s. 146(16)(b) or 146.3(14) rollover even if technically they have no legal rights to settle 278
Tax Topics - Income Tax Act - Section 146.3 - Subsection 146.3(14) rollover pursuant to common-law partners' settlement agreement 104

27 September 2016 Internal T.I. 2015-0572901I7 - Deferral of employment benefit under ss. 7(8)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 7 - Subsection 7(8) deferred amount triggered on rollover 62

7 October 2016 APFF Financial Strategies and Instruments Roundtable Q. 5, 2016-0651721C6 F - Application of subsections 146(16) and 73(1) after death

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 146 - Subsection 146(16) no tax deferred transfer if by estate 135

14 January 2013 External T.I. 2012-0469571E5 F - Settlement of rights arising out of marriage

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Paragraph 73(1.01)(c)

Administrative Policy

27 October 2020 CTF Roundtable Q. 7, 2020-0861041C6 - CTF Question 7 - Subsection 105(1)

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) generally no taxable benefit for beneficiary’s rent-free use of personal-use property of the trust 185

5 October 2018 APFF Roundtable Q. 3, 2018-0768841C6 F - Rollover under 73(1) and gifts to charities

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16 November 2015 External T.I. 2014-0529361E5 - Spousal trust & life insurance

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6 May 2014 May CALU Roundtable, 2014-0523331C6 - CALU CRA Roundtable Q

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16 June 2014 STEP Roundtable, 2014-0523031C6 - 2014 STEP CRA Roundtable Question

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Joint Spousal or Common-law Partner Trust "combination" requirement satisfied where predeceased spouse 177

25 June 2014 External T.I. 2012-0469331E5 - Blind 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 73(1.01)(c)(ii)

Administrative Policy

9 April 2020 External T.I. 2014-0527261E5 F - Beneficial ownership discretionary power of trustees

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) discretion of trustees to retain capital or income rather than distribute to the sole current beneficiary does not preclude the latter being the beneficial owner 267
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(i) discretion of trustees to retain capital or income rather than distribute to the sole current beneficiary precluded s. 73(1.01)(c)(ii) application and satisfied s. 107/4(1)(i) 293
Tax Topics - General Concepts - Ownership discretion of trustee to accumulate rather than distribute income to sole beneficiary did not detract from beneficial ownership 269

21 April 2016 External T.I. 2015-0607451E5 F - Use of capital of a trust by a spouse

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14 March 2012 External T.I. 2011-0423291E5 F - Fiducie pour soi-même sans limite d'âge

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 73 - Subsection 73(1.01) - Paragraph 73(1.01)(c) - Subparagraph 73(1.01)(c)(iii) - Clause 73(1.01)(c)(iii)(A) two spouses separate from their children can create a joint spousal or common-law partner trust 154
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Testamentary Trust tainting effect of joint spousal or common-law partner trust on subsequent testamentary trust 211
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) joint protective trust would not satisfy paras. (a) and (e) of "qualifying disposition" 208

Subparagraph 73(1.01)(c)(iii)

Administrative Policy

15 June 2021 STEP Roundtable Q. 12, 2021-0885671C6 - Property owned jointly

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Clause 73(1.01)(c)(iii)(A)

Administrative Policy

14 March 2012 External T.I. 2011-0423291E5 F - Fiducie pour soi-même sans limite d'âge

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 73 - Subsection 73(1.01) - Paragraph 73(1.01)(c) - Subparagraph 73(1.01)(c)(ii) joint protective trust would not satisfy s. 73(1.01)(c)(ii) 180
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(1) - Testamentary Trust tainting effect of joint spousal or common-law partner trust on subsequent testamentary trust 211
Tax Topics - Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) joint protective trust would not satisfy paras. (a) and (e) of "qualifying disposition" 208

Subsection 73(1.02)

Paragaph 73(1.02)(b)

Subparagaph 73(1.02)(b)

Administrative Policy

5 October 2012 Roundtable, 2012-0453911C6 F - Roulement à fiducie pour soi et faculté d'élire

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Subsection 73(1.1) - Interpretation

Cases

Re Schroepfer (1985), 12 DLR (4th) 613 (Sask QC)

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Subsection 73(3) - When subsection (3.1) applies

Administrative Policy

11 June 2015 External T.I. 2014-0522641E5 F - Usufruct

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(7) creation of usufruct between father and son, resulting in deemed trust, did not entail property transfer to the deemed trust 306
Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Farm or Fishing Property termination of usufruct between father and son on farmland, which was a deemed trust, did not entail disposition of qualified farm property 246

IT268R4 ARCHIVED - "Inter Vivos Transfer of Farm Property to Child" 15 April 1996

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26 September 1996 T.I. 962503 (C.T.O. "Transfer of Farm Property to Child")

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17 February 1994 External T.I. 9321175 - TRANSFER OF FARM PROPERTY

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16 December 1993 External T.I. 9316105 - REMAINDER INTEREST IN LAND

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19 September 89 T.I. (February 1990 Access Letter, ¶1118)

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Paragraph 73(3)(b)

Paragraph 73(3)(c)

Administrative Policy

10 November 2014 External T.I. 2014-0536851E5 F - Terre à bois et Plan d'aménagement forestier

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

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Locations of other summaries Wordcount
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 70 - Subsection 70(10) - Child extended meaning of "child" 158

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

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 70 - Subsection 70(9) - Paragraph 70(9)(a) “engaged” requirement in s. 70(9)(a) is satisfied to extent the forest management plan requires no action 110
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 73(4) - When subsection (4.1) applies

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(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 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

87 C.R. - Q.71

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Subsection 73(4.1) - Inter vivos transfer of family farm or fishing corporations and partnerships

Administrative Policy

2013 Ruling 2012-0472721R3 - Inter-vivos share transfer under 73(4) and (4.1)

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Paragraph 73(4.1)(c)

Administrative Policy

15 July 2019 External T.I. 2018-0747761E5 F - Application de 73(4.1)

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