Subsection 74.5(1) - Transfers for fair market consideration
Administrative Policy
29 April 1994 T.I. 933662 (C.T.O. "Attribution Rules")
15 June 1992 T.I. 921368 (December 1992 Access Letter, p. 18, ¶C56-208)
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Payment & Receipt | 38 |
Articles
Summerville, "Income Splitting may be Implemented by Transferring Residential Property to Spouse", Taxation of Executive Compensation and Retirement, December 1989/January 1990
Paragraph 74.5(1)(c)
Administrative Policy
23 June 2010 External T.I. 2010-0365581E5 F - Règles d'attribution de l'article 74.2
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| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 75 - Subsection 75(2) | s. 75(2)(a)(i) is satisfied where a person transferring to a trust holds a capital interest in that trust | 129 |
Subsection 74.5(2) - Loans for value
Administrative Policy
27 October 2020 CTF Roundtable Q. 11, 2020-0860981C6 - Refinancing Prescribed Rate Loans
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| Tax Topics - Income Tax Act - Section 74.1 - Subsection 74.1(3) | a 1% prescribed-rate loan can effectively replace a 2% loan if the latter loan is repaid with sales proceeds | 193 |
10 June 2013 STEP Canada Roundtable, 2013-0480271C6 - Prescribed Rate Loan - 2013 STEP Roundtable Q 2
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29 April 1994 External T.I. 9336625 - ATTRIBUTION RULES
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21 October 1991 T.I. (Tax Window, No. 12, p. 20, ¶1544)
19 July 1989 T.I. (Dec. 89 Access Letter, ¶1047)
Articles
Paragraph 74.5(2)(b)
Administrative Policy
5 October 2018 APFF Financial Strategies and Instruments Roundtable Q. 10, 2018-0761551C6 F - Attribution rules and promissory note
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|---|---|---|
| Tax Topics - General Concepts - Payment & Receipt | promissory note could not be issued as payment in context of income attribution rules | 80 |
Subsection 74.5(3) - Spouses or common-law partners living apart
Administrative Policy
5 October 2012 Roundtable, 2012-0453201C6 F - Règles d'attribution- séparation & décès
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(1) | recapture from rental property is property income from that property | 74 |
Subsection 74.5(5)
Administrative Policy
6 October 2017 APFF Roundtable Q. 9, 2017-0709071C6 F - Corporate Attribution Rules
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|---|---|---|
| Tax Topics - Income Tax Act - Section 74.4 - Subsection 74.4(2) | a second freeze transaction by a family trust could be viewed as an indirect transfer by the original freezor | 416 |
Subsection 74.5(7) - Guarantees
Subsection 74.5(11) - Artificial transactions
Cases
Swirsky v. The Queen, 2013 TCC 73, 2013 DTC 1078 [at 431], aff'd 2014 FCA 36
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| Locations of other summaries | Wordcount | |
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| Tax Topics - Income Tax Act - Section 245 - Subsection 245(3) | 232 | |
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 33 |
See Also
Mady v. The Queen, 2017 TCC 112
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Words and Phrases
one of the main purposes| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | wife and children did not acquire beneficial interest in shares the taxpayer was to transfer to them, under tax plan, until the share transfer occurred | 263 |
| Tax Topics - Income Tax Act - Section 86 - Subsection 86(2) | family members did not acquire beneficial interest in new shares until after completion of s. 86 reorg | 297 |
| Tax Topics - General Concepts - Fair Market Value - Shares | arm’s length sales price established FMV for closing-date internal transfer of same shares | 482 |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) - Subparagraph 69(1)(b)(i) | contemporaneous arm’s length sale price established that shares previously transferred at undervalue | 478 |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | was not responsible under s. 163(2) for the unbeknownst sharp practice of his tax advisor | 692 |
| Tax Topics - General Concepts - Price Adjustment Clause | no jurisdiction to comment on application of price adjustment clause where the affected taxpayers are not appellants | 233 |
Administrative Policy
Articles
Kevyn Nightingale, "American Professionals in Canada", Canadian Tax Journal, (2017) 65:4, 893-937
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| Tax Topics - Income Tax Act - Section 126 - Subsection 126(1) | 1543 |
Subsection 74.5(12)
Paragraph 74.5(12)(c)
Administrative Policy
23 October 2009 External T.I. 2009-0309861E5 F - Tax-free Savings Accounts
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| Tax Topics - Income Tax Act - Section 143.2 - Subsection 143.2(2) - Paragraph 146.2(2)(c) | contribution by spouse causes cessation as TFSA | 84 |