Leases and Licences

Commentary

Leases or licences acquired by the tenant or licensee for operating purposes

A lease of a tenant which it uses in a business that does not entail...

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Cases

Westfair Foods Ltd. v. The Queen, 91 DTC 5073 (FCTD), aff'd 91 DTC 5625 (FCA)

A subsidiary of Loblaws Companies Ltd. realized a capital gain when it received the sums of $880,000 and $1,000,000, respectively, for the...

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Arnold v. The Queen, 83 DTC 5425, [1983] CTC 405, 83 DTC 5421 (FCTD)

Where the taxpayer sold each year, to a company whose forestry operations he ran, the right to cut timber on wood lots owned by him, the annual...

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Transcontinental Timber Co. Ltd. v. The Queen, 81 DTC 5043, [1981] CTC 152 (FCA)

$95,000 received by the taxpayer for the termination of three contracts whereunder some companies were licensed to cut timber on lands owned by...

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The Queen v. Boychuk, 78 DTC 6316, [1978] CTC 451 (FCTD)

It was found that the real objective of a syndicate of individuals in staking claims in areas close to where mining was being carried on was to...

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Universal Timber Products Ltd. v. The Queen, 74 DTC 6413, [1974] CTC 499 (FCA)

After the taxpayer and its subsidiary had determined to discontinue their timbering operations and had agreed in principle with another company...

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Montreal Trust Company v. Minister of National Revenue, 62 DTC 1242, [1962] CTC 418, [1962] S.C.R. 570

A gain realized by a corporation, which at no time had dealt in the purchase and sale of oil or other mineral rights to others, from the...

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Minerals Limited v. The Minister of National Revenue, 58 DTC 1154, [1958] CTC 236, [1958] S.C.R. 490

The taxpayer promoted the sale of shares in another company ("Farmers Mutual"). In particular, it acted as agent of Farmers Mutual in arranging...

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Sutton Lumber and Trading Co. Ltd. v. Minister of National Revenue, 53 DTC 1158, [1953] CTC 237, [1953] 2 S.C.R. 77

The taxpayer acquired various timber limits with a view to cutting the merchantable timber into lumber in a mill to be erected by it, and sold...

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See Also

Winsor v. The Queen, 2008 DTC 2116, 2007 TCC 692

A lump sum received by the taxpayer from the federal government for the cancellation by the federal government of his fishing licence was a...

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McClure v. Petre, [1988] BTC 377 (Ch. D.)

£75,000 received by the taxpayer for granting a licence to a motorway contractor to deposit subsoil on 25 acres of land was a capital receipt...

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Coates v. Arndale Properties Ltd., [1984] BTC 438 (HL)

Another company ("SPI") in the corporate group had acquired a 125-year lease of land and developed the site at a cost of £5.3 million. The...

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Pacific Pine Co., Ltd. v. MNR, 61 DTC 95 (TAB)

The taxpayer sold a timber licence for 16 quarterly instalments for a purchase price whose total amount was fixed, unless the purchaser obtained...

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Anderson Logging Co. v. The King, [1925] S.C.R. 45, [1925] UKPC 99

In finding that gains from the sale of timber limits were realized on income account by the taxpayer, which had acquired the timber limits...

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Administrative Policy

IT-359R2 "Premiums and Other Amounts With Respect to Leases"

Whether lease cancellation payment recieved as part of rental business

1. A premium or other amount received by a landlord or tenant, as the case...

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28 July 1995 External T.I. 9432555 - TIMBER LIMIT AND DISPOSITION OF TIMBER

"Whether the proceeds from granting a right to a third party to cut timber from a taxpayer's timber limit would be on account of income or...

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