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 |
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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| 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 |
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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| 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 |
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
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)
Subsection 73(1.1) - Interpretation
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
26 September 1996 T.I. 962503 (C.T.O. "Transfer of Farm Property to Child")
17 February 1994 External T.I. 9321175 - TRANSFER OF FARM PROPERTY
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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 | |
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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 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 |