Cases
6610048 Canada Inc. v. The Queen, 2021 CAF 229
The taxpayer acquired an assembly of lots between 2006 and 2008 for development as a mixed use (commercial and residential) project close to a...
Paletta International Corporation v. Canada, 2021 FCA 182
Woods JA rejected (e.g., at para.32) the taxpayer’s submission that, in applying the secondary intention doctrine, the Tax Court (Hogan J) had...
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| Tax Topics - General Concepts - Sham | no requirement for the Crown to explicitly plead “sham” | 255 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | essential certainty that a film would be resold under an “option” before it generated any revenue established that s. 18(1)(a) not satisfied | 202 |
Bodine v. Canada, 2011 DTC 5084 [at 5840], 2011 FCA 157
Around 1980, the taxpayer and his wife divorced, and a citrus farm located outside Phoenix, Arizona which the taxpayer owned was transferred by...
Canada Safeway Limited v. Canada, 2008 FCA 24
The taxpayer, which operated a retail grocery chain in Canada, was approached by a developer (“Schroeder”) to be the anchor tenant in a...
318806 B.C. Ltd. v. Canada, 2006 DTC 7403, 2002 FCA 353 (FCA)
The taxpayer had sold a gas station in 1990 to a third party ("Soni"). As a result of contamination found when Soni tried to resell the gas...
Bell v. Canada, 2002 DTC 6780, 2002 FCA 7
The Court rejected a submission on behalf of the taxpayers that their losses with respect to interests in a real estate project that they acquired...
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| Tax Topics - General Concepts - Evidence | 53 |
Cardella c. Canada, 2001 DTC 5251, 2001 FCA 39
The Minister had assessed the taxpayer (a practising physician) on the basis that his investment in a limited partnership that held a condominium...
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| Tax Topics - General Concepts - Onus | 99 | |
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | 85 |
Roseland Farms Ltd. v. Canada, 99 DTC 5704, [1999] 4 CTC 348 (FCTD), aff'd 2001 DTC 5392 (FCA), 2001 FCA 167
Before going on to find that the taxpayer did not realize a capital gain from the disposition of a farm property, Sharlow J. noted (at p. 5706)...
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| Tax Topics - General Concepts - Purpose/Intention | 94 |
Bosa Bros. Construction Ltd. v. The Queen, 96 DTC 6193 (FCTD)
The taxpayer, which owned five revenue-producing properties, entered into an agreement to purchase a property comprising two apartment towers (the...
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| Tax Topics - General Concepts - Onus | 132 | |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | 111 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(p) - Subparagraph 20(1)(p)(ii) | interest-free advances to US sub by developer | 35 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(g) - Subparagraph 40(2)(g)(ii) | interest-free advances made only re loss protection | 49 |
Friesen v. Canada, 95 DTC 5551, [1995] 3 S.C.R. 103
Major J., after noting that both parties to the appeal accepted that the taxpayer's interest in a piece of undeveloped land was held in connection...
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| Tax Topics - Income Tax Act - Section 10 - Subsection 10(1) | loss recognized on decline in value of land held as an adventure | 142 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Inventory | property held in an adventure was inventory | 83 |
| Tax Topics - Statutory Interpretation - Certainty | 97 | |
| Tax Topics - Statutory Interpretation - Drafting Style | 95 | |
| Tax Topics - Statutory Interpretation - Inserting Words | 104 | |
| Tax Topics - Statutory Interpretation - Ordinary Meaning | 80 | |
| Tax Topics - Statutory Interpretation - Resolving Ambiguity | 97 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | s. 10(1) applied to an adventure in the nature of trade even if that deemed business was not “carried on” | 75 |
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | property not generating income does not convert to capital property unless s. 13(7) or 45(1) applies | 209 |
Leasehold Construction Corp. v. The Queen, 95 DTC 5470, [1995] 2 CTC 188 (FCTD)
Tremblay-Lamer J. accepted that the taxpayer (whose business entailed the construction and sale of shopping centres and commercial buildings) had...
Kaneff Properties Ltd. v. The Queen, 95 DTC 5345, [1995] 2 CTC 177 (FCTD)
Rothstein J. accepted evidence that it was the policy of the taxpayer (which dealt in raw land and developed residential properties for sale, as...
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | gain from when commenced developing as commercial office tower was capital gain | 164 |
Iula v. The Queen, 94 DTC 6614, [1994] 2 CTC 328 (FCTD)
The four taxpayers bought a house in Saskatoon with a large lot in October 1977, began putting the property in shape for renting, heard that the...
Bellingham v. The Queen, 94 DTC 6564, [1994] 2 CTC 290 (FCTD)
Because land of the taxpayer that had been expropriated was held by her on income account (as was admitted by her), the expropriation proceeds...
Rivermede Developments Ltd. v. The Queen, 93 DTC 5365, [1993] 2 CTC 220 (FCTD)
A gain realized by the taxpayer from the sale of vacant land by the taxpayer to the province of Ontario following the province's designation of...
Lee v. The Queen, 92 DTC 6067, [1992] 1 CTC 64 (FCTD)
A gain realized by the taxpayer from the sale of a 1/2 interest in an apartment building two years after its acquisition was fully taxable given...
Breakell v. The Queen, 91 DTC 5419, [1991] 2 CTC 77 (FCTD)
A partnership comprising the four individual taxpayers acquired a land assembly over the course of over a year, and sold the assembly...
Witten v. The Queen, 91 DTC 5041 (FCTD)
Ten young couples, who in 1956 formed a partnership to "gather for a social evening as often as is decided by a majority" and "to accumulate funds...
Snell Farms Limited v. Her Majesty the Queen, 90 DTC 6693, [1991] 1 CTC 5 (FCTD)
The taxpayer acquired options to acquire farmland at a distance of approximately 20 miles from the lands currently farmed by the taxpayer with the...
Homes Development Ltd. v. The Queen, 90 DTC 6654, [1990] 2 CTC 496 (FCTD)
The taxpayer, which in partnership with three other corporate partners, acquired farmland outside Metropolitan Toronto in 1967 and resold the land...
King Edward Hotel (Calgary) Ltd. v. The Queen, 90 DTC 6468, [1990] 2 CTC 214 (FCTD)
It was found that the controlling shareholder of the taxpayer regularly bought hotels, built up the revenues and then sold at a profit. Gains from...
W. Hanley & Co. Ltd. v. The Queen, 90 DTC 6354, [1990] 2 CTC 71 (FCTD)
The taxpayer was entitled to a fee for services rendered to the owner of a property in connection with the finding of a purchaser of a part...
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| Tax Topics - General Concepts - Onus | 150 |
Hertel v. The Queen, 90 DTC 6341 (FCTD)
The taxpayer testified that he acquired a piece of undeveloped property some distance from his home farm in order to provide additional grazing...
Grouchy v. The Queen, 90 DTC 6267, [1990] 1 CTC 375 (FCTD)
The appellant, who was the owner-manager of an automobile parts and tire supply business, entered into partnership with an individual (his...
O&M Investments Ltd. v. The Queen, 90 DTC 6150, [1990] 1 CTC 16 (FCTD)
A professional real estate trader was unable to establish that it had not acquired revenue properties as part of its general real estate enterprise.
Rudelier Ranches & Livestock Co. Ltd. v. The Queen, 89 DTC 5180, [1989] 1 CTC 417 (FCTD)
Two individuals were held to have realized (directly or, in the case of the second individual, through his company) a taxable profit on the...
Crystal Glass Canada Ltd. v. The Queen, 89 DTC 5143, [1989] 1 CTC 330 (FCA)
The misstatement by the trial judge of the secondary intention test plus his failure to find that prospect of resale of the property at a profit...
Mintenko v. The Queen, 88 DTC 6537, [1989] 1 CTC 40 (FCTD)
"I can see no reason why the plaintiff could not be a speculator or trader in real estate and also be a farmer who acquires real estate with the...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 61 | |
| Tax Topics - Income Tax Act - Section 44 - Subsection 44(1) | 36 | |
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | 89 |
Sardo v. The Queen, 88 DTC 6464, [1988] 2 CTC 290 (FCTD)
The taxpayer was a member of a nine person syndicate which purchased two pieces of farm property, made an unsuccessful attempt to subdivide the...
R. v. Landes, [1988] 1 CTC 124 (Queb. Ct. S.P.)
The taxpayers through a corporation ("Village International") leased land in the fall of 1966 near the site of Expo 67 and contributed the land to...
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| Tax Topics - Income Tax Act - Section 239 - Subsection 239(1) - Paragraph 239(1)(d) | 65 | |
| Tax Topics - Income Tax Act - Section 242 | 27 |
Independent Gaz Service Inc. v. The Queen, 88 DTC 6230, [1988] 1 CTC 309 (FCTD)
The group sale by the taxpayer of service stations pursuant to an unsolicited offer resulted in a capital gain. The controlling shareholder had...
Johnstone v. The Queen, 88 DTC 6032, [1988] 1 CTC 48 (FCTD)
The taxpayer bought a large house with the intention of tearing it down and selling a half interest in the property in order to finance the...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 72 |
Desrocher Development Corp. v. The Queen, 87 DTC 5363, [1987] 2 CTC 124, [1987] 2 CTC 118 (FCTD)
A real estate joint venture acquired land in downtown Saskatoon for development as office and commercial space and sold the land shortly after its...
Magilb Development Corp. Ltd. v. The Queen, 87 DTC 5012, [1987] 1 CTC 66 (FCTD)
Some overtures made by the controlling shareholder and director of a family corporation in 1971 to the City of Red Deer respecting development of...
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| Tax Topics - General Concepts - Evidence | 39 | |
| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | preliminary overtures for approval of housing development of farm did not convert to inventory | 208 |
Hebert v. The Queen, 86 DTC 6543, [1986] 2 CTC 123, [1987] 1 CTC 6 (FCTD)
Between 1976 and 1978 a carpenter sold 7 apartment buildings which he had constructed during the period 1971 to 1974 in order to finance the...
Happy Valley Farms Ltd. v. The Queen, 86 DTC 6421, [1986] 2 CTC 259 (FCTD)
The gain of a real estate development company from its acceptance of an unsolicited offer to purchase 400 acres of farm land gave rise to a...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | 48 |
Biffis and Cappuccitti v. The Queen, 86 DTC 6403, [1986] 2 CTC 184 (FCTD)
The purchase and resale of a shopping centre within a 5-week period gave rise to a capital gain in light of evidence that the taxpayers had been...
Algonquin Enterprises Ltd. v. The Queen, 86 DTC 6233, [1986] 1 CTC 493 (FCTD), aff'd 90 DTC 6377 (FCA)
The taxpayer, which was in the business of assembling and selling residential housing lots, leased approximately 1/3 of its lots with an option to...
Future Investments Ltd. v. The Queen, 86 DTC 6224, [1986] 1 CTC 458 (FCTD)
The taxpayer realized a taxable profit when it sold 3 out of 10 building lots in order to pay off a loan. Particularly damaging was the fact that...
Marsted Holdings Ltd. v. The Queen, 86 DTC 6200, [1986] 1 CTC 436 (FCTD)
A company whose business consisted of acquiring (at a rate of one or two per year), holding, and sometimes disposing, of rental properties...
Giannakos v. The Queen, 86 DTC 6145, [1986] 1 CTC 325 (FCTD)
When the taxpayer and his wife acquired two adjacent residential houses they knew, or should have known, that there would be a substantial...
Regina Shoppers Mall Ltd. v. The Queen, 86 DTC 6091, [1986] 1 CTC 261 (FCTD), aff'd 89 DTC 5482 (FCA)
The effecting of the taxpayer's avowed intention of developing a 27.5 acre parcel of land into a regional shopping centre was dependent upon the...
Toolsie v. The Queen, 86 DTC 6117, [1986] 1 CTC 216 (FCTD)
A lawyer with some history of dealing in small real estate properties was held to have acquired the two properties in question with the intention...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(c) | 108 |
Jodare Ltd. v. The Queen, 86 DTC 6054, [1986] 1 CTC 250 (FCTD)
Two brothers with a history of dealings in real estate transferred a parcel of vacant land from a corporation which was owned by them ("Rice...
Jacobson Holdings Ltd. v. The Queen, 85 DTC 5634, [1986] 1 CTC 87 (FCTD)
A real estate company which admittedly had bought land for speculative purposes was unable to establish that the lands later had been converted...
Zen v. The Queen, 85 DTC 5531, [1985] 2 CTC 313 (FCTD)
The taxpayer, who at all relevant times was associated with his brother in land acquisition, construction and development and sales transactions,...
First Investors Corp. Ltd. v. The Queen, 85 DTC 5343, [1985] 2 CTC 96 (FCTD), aff'd 87 DTC 5175 (FCA)
The taxpayer company was an investment contract company which issued investment contracts to investors and invested in income-generating assets...
The Queen v. Bassani, 85 DTC 5232, [1985] 1 CTC 314 (FCTD)
The court accepted the evidence of the taxpayer (whose business had not included speculating in real esate) that his intention in purchasing along...
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| Tax Topics - General Concepts - Onus | 25 |
Woodbine Developments Ltd. v. The Queen, 84 DTC 6556, [1984] CTC 616 (FCTD)
The plaintiff constructed or acquired for renovation seven rent-producing properties over the period 1973 to 1976, disposed of one property in its...
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| Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Rules - Rule 408(1) | 75 |
H. Fine and Sons Ltd. v. The Queen, 84 DTC 6520, [1984] CTC 500 (FCTD)
It was held that a company in the fruit and produce business had bought parcels of land that were in excess of its current business needs because...
W. Rudolph Construction Ltd. v. The Queen, 84 DTC 6454, [1984] CTC 457 (FCTD)
The taxpayer company's transactions, which "follow[ed] a generally similar sequence of land acquisition, followed by construction [of apartment...
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| Tax Topics - General Concepts - Evidence | 39 |
Farmer Construction Ltd. v. The Queen, 84 DTC 6331, [1984] CTC 370 (FCTD)
A construction company acquired the property of its bankrupt customer in settlement of the debt owed to it for the work it had done in partially...
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| Tax Topics - Other Legislation/Constitution - Federal - Federal Courts Rules - Rule 344(1) [Costs] | 27 |
Schneider v. The Queen, 84 DTC 6286, [1984] CTC 264 (FCTD), aff'd 86 DTC 6297, [1986] 2 CTC 89 (FCA) (sub nomine Mohawk Horning Ltd. v. The Queen)
The taxpayer failed to establish that a consortium which had admittedly purchased 73 acres of land with the intention of developing it as a...
Niemi v. The Queen, 84 DTC 6189, [1984] CTC 181, 84 DTC 6194 (FCTD)
The taxpayer established that he purchased a farm as a permanent residence and without knowledge that Texas Gulf Sulphur would be assembling land...
Carsons Camps Ltd. v. The Queen, 84 DTC 6070, [1984] CTC 46 (FCTD)
It was found that the taxpayer company had acquired a hotel because its shareholder was looking for a revenue-generating business to supplement...
Marois v. The Queen, 83 DTC 5344, 84 DTC 6157, [1983] CTC 304 (FCTD)
The gain of an electrical contractor from the disposition of vacant land was held to be taxable in the light inter alia of the following factors:...
Sharon Mills Developments Ltd. v. The Queen, 83 DTC 5420, [1983] CTC 384 (FCTD)
A gain from the sale of a shopping centre approximately two years after its acquisition was held to be a capital gain in light of findings that:...
McDonald v. The Queen, 83 DTC 5264, [1983] CTC 211 (FCTD), aff'd 87 DTC 5276 (FCA)
Gains from the sale of parcels of farm land were held to be fully taxable, notwithstanding that the parcels had been purchased by the taxpayer...
Belvedere Park Development Co. Ltd. v. The Queen, 83 DTC 5214, [1983] CTC 171 (FCTD)
Three lots which were sold by the taxpayer after it was unable, after persistent efforts lasting eight years, to obtain a favourable rezoning for...
Van Anrep v. The Queen, 81 DTC 5278, [1981] CTC 358 (FCTD), aff'd 83 DTC 5100, [1983] CTC 84 (FCA)
A partnership between the taxpayer and another lawyer (who also was a partner in the taxpayer's legal practice) sold a grape farm as a going...
Gameroff v. The Queen, 83 DTC 5013, [1982] CTC 411 (FCTD), rev'd 86 DTC 6023, [1986] 1 CTC 169 (FCA)
Real property which was resold by the purchaser on the same day that he entered into the agreement of purchase and sale gave rise to a fully...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition | 95 |
Schlamp v. The Queen, 82 DTC 6274, [1982] CTC 304 (FCTD)
A building contractor who built and sold, in relatively quick succession, two homes which he and his family occupied, had the full amount of the...
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| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | 32 | |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2) | 32 | |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) | 30 |
Walton v. The Queen, 82 DTC 6220, [1982] CTC, [1982] CTC 228 (FCTD)
Two houses, which were adjacent to a house which a town planner initially occupied, were found not to have been acquired by him as an investment...
Colville-Reeves v. The Queen, 82 DTC 6005, [1981] CTC 512 (FCTD)
It was found that virtually all of the non-personal use real estate acquisitions of the taxpayer (who also was the employee of a real estate...
South Shore Estates (Saltfleet) Ltd. v. The Queen, 81 DTC 5181, [1981] CTC 252 (FCTD)
The lands which were resold six years after their acquisition by the taxpayer at a gain were acquired with the intention "that the development of...
Kit-Win Holdings (1973) Ltd. v. The Queen, 81 DTC 5030, [1981] CTC 43 (FCTD)
The plaintiff's intention at the time of acquiring land was to build (10 years later) and then operate an industrial park thereon for profit or,...
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| Tax Topics - General Concepts - Purpose/Intention | 41 | |
| Tax Topics - General Concepts - Onus | 118 |
Leduc v. The Queen, 81 DTC 5017, [1981] CTC 21 (FCTD)
Although "a person knowledgeable in real estate, such as a broker, may under certain circumstances complete a capital gain transaction", such was...
The Queen v. Dumas, 80 D.T.C 6398, [1981] CTC (FCTD), rev'd 89 DTC 5004 (FCA)
A corporation owned by the taxpayer ("Villeneuve") acquired lands with a view to erecting a shopping centre. The taxpayer sold his shares...
Jarvie Holdings Ltd. v. The Queen, 80 DTC 6395, [1980] CTC 525 (FCTD)
The taxpayer bought a larger parcel of land than was required for the purpose of expanding and centralizing its equipment sale and servicing...
Greenbranch Investments Ltd. v. The Queen, 80 DTC 6384, [1980] CTC 514 (FCTD)
It was found that when a mortgagee acquired a rental property by foreclosure it did not have the intention of dealing in the property at a profit...
Marshall v. The Queen, 80 DTC 6357, [1980] CTC 475 (FCTD)
It was held that at the time the taxpayer acquired an undivided 1/4 interest in farm lands on the outskirts of the City of Woodstock "he knew the...
Horvath v. The Queen, 80 DTC 6350, [1980] CTC 467 (FCTD)
The taxpayer's gains from the sale of two properties which had been acquired six and eight years, previously were on income account. Although his...
Robbie Holdings Ltd. v. The Queen, 80 DTC 6336, [1980] CTC 422 (FCTD)
It was found that a real estate lawyer purchased (through his wholly-owned company) a farm as a long-term rental-earning investment. He was...
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| Tax Topics - General Concepts - Purpose/Intention | 86 |
Glacier Realties Ltd. v. The Queen, 80 DTC 6243, [1980] CTC 308 (FCTD)
It was admitted on examination for discovery that at the time of acquisition of non-revenue producing lands, the acquiring company considered...
Montford Lakes Estates Inc. v. The Queen, 79 DTC 5467, [1980] CTC 27 (FCTD)
The taxpayer purchased a 2,000 acre wilderness estate and resold it 17 years later, after having sold about 200 lots, representing 7% to 8% of the...
Hummel Corp. of Quebec Ltd. v. The Queen, 79 DTC 5426, [1979] CTC 483 (FCTD)
A gain which was realized when farm land was expropriated between 7 and 10 years after its acquisition, was fully taxable. The individual retired...
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| Tax Topics - General Concepts - Evidence | 50 |
Gamble v. The Queen, 79 DTC 5397, [1979] CTC 463 (FCTD)
It was held that a lawyer with a history of real estate dealings had been motivated in acquiring a 1/30 interest in a partnership engaged in the...
Caponecchia v. The Queen, 79 DTC 5364, [1979] CTC 445 (FCTD)
The taxpayer established that at the time of signing the purchase agreement (as opposed to the time of closing) his only intention in acquiring...
Kensington Land Developments Ltd. v. The Queen, 79 DTC 5283, [1979] CTC 367 (FCA)
The taxpayer company realized a gain from the sale of a shopping centre 10 years after acquiring some of the raw land and 5 years after...
Demeter Equity Ltd. v. The Queen, 79 DTC 5230, [1979] CTC 311 (FCTD)
The appellant, which acquired land in 1965 with the intention of farming it, decided in 1967 to dispose of the land as advantageously as possible...
Riznek Construction Ltd. v. The Queen, 79 DTC 5131, [1979] CTC 197 (FCTD)
It was found that the taxpayer company acquired land with the intention of erecting a shopping centre thereon and leasing it to the tenants, and...
Edmund Peachey Ltd. v. The Queen, 79 DTC 5064, [1979] CTC 51 (FCA)
[A] clear and unequivocal positive act implementing a change of intention would be necessary to change the character of the land in question from...
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| Tax Topics - Income Tax Act - Section 23 - Subsection 23(1) | 68 |
The Queen v. Greenington Group Ltd., 79 DTC 5026, [1979] CTC 31 (FCTD)
A large scale contractor in 1964 and 1965 lent monies secured by second mortgages on lands including an area being developed as a golf course, and...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(c) | 256 |
Cohen v. The Queen, 78 DTC 6099, [1978] CTC 63 (FCTD), aff'd 80 DTC 6250, [1980] CTC 318 (FCA)
In order to acquire lands to erect rental properties thereon (four apartment buildings at a Montreal location) the taxpayer and his partner were...
The Queen v. Randall Park Development Ltd., 78 DTC 6545, [1978] CTC 826 (FCTD)
The taxpayer corporation, which admittedly acquired land for the purpose of subdividing it and selling it as residential building lots,...
Choice Realty Corp. v. The Queen, 78 DTC 6415, [1978] CTC 613 (FCTD)
The intention of the taxpayer, which was a corporation controlled by real estate developers, to develop lands as commercial rental properties was...
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| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(n) | s. 20(1)(n) reserve not claimed in alternative until subsequent years was statute-barred | 140 |
| Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition - Paragraph (d) | 75 |
Hiwako Investments Ltd. v. The Queen, 78 DTC 6281, [1978] CTC 378 (FCA)
It was found (reversing the Court below) that the purchase of eight residential apartment buildings by a company controlled by an individual with...
Birmount Holdings Ltd. v. The Queen, 78 DTC 6254, [1978] CTC 358 (FCA)
Unimproved farm land within Metropolitan Toronto was acquired as an adventure or concern in the nature of trade by a company which was owned by a...
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| Tax Topics - Income Tax Act - Section 180 - Subsection 180(3) | 88 | |
| Tax Topics - Income Tax Act - Section 250 - Subsection 250(4) | 134 |
The Queen v. Borinsky, 77 DTC 5389, [1977] CTC 570 (FCTD)
The testimony of the taxpayers, that they purchased farm land just outside Toronto with the intention of, some day, using it for the purpose of...
The Queen v. Froese, 77 DTC 5364, [1977] CTC 526 (FCTD)
A building contractor through his testimony convinced Cattanach J. that "he had no other intention in mind when he bought the property [9 acres of...
Bradstock v. R., 76 DTC 6001, [1976] CTC 659, [1975] C.T.C. 666 (FCA)
A professional engineer, his partner in his engineering practice and an architect erected an office building in order that the second floor would...
Fredericton Housing Ltd. v. The Queen, 75 DTC 5367, [1975] CTC 537 (FCA)
The taxpayer, which since 1954 had been engaged in the building of houses for sale, in 1969 sold a substantial portion of its assets to an...
McDonald v. The Queen, 74 DTC 6644, [1974] CTC 836 (FCA)
The taxpayer acquired an interest, as tenant-in-common with other purchasers, in farm land producing negligible revenue. They sold the land 5...
Sikler v. The Queen, 73 DTC 5553, [1973] CTC 736 (FCTD)
The taxpayer, which held interests in various operating companies and directly owned various hotels and other properties in the Saskatoon,...
Vaughan Construction Co. v. Minister of National Revenue, 70 DTC 6268, [1971] S.C.R. 55, [1970] CTC 350
The taxpayer was found to have realized a gain on income account as a result of the expropriation of a 2.2 acre property with a favourable...
First Torland Investments Ltd. v. MNR, 69 DTC 5109, [1969] CTC 134 (Ex Ct), briefly aff'd 70 DTC 6354, [1970] CTC 634 (SCC)
The parent corporation of the three taxpayers (The Trust and Loan Company of Canada) transferred approximately 156 Manitoba farms (which it had...
Balstone Farms Limited v. Minister of National Revenue, 68 DTC 5018, [1968] CTC 38, [1968] S.C.R. 205
A husband and wife sold five farm properties in consideration for promissory notes and debentures to a newly-incorporated corporation owned...
Moluch v. Minister of National Revenue, 66 DTC 5463 (Ex Ct)
The taxpayer (Moluch) acquired 55 acres of bushland in 1937, part of which he cleared and farmed. Because of his wife’s ill health, he was...
Hazeldean Farm v. MNR, 66 DTC 5397, [1967] 1 Ex CR 245
Three promoters bought a 619-acre farm on the outskirts of Ottawa, which they immediately transferred to a corporation (the taxpayer). The...
Racine v. MNR, 65 DTC 5098 (Ex Ct)
The taxpayers, who were experienced businessmen, acquired the assets of an insolvent corporation engaged in buying and selling machinery, using...
Fraser v. Minister of National Revenue, 64 DTC 5224, [1964] CTC 372, [1964] S.C.R. 657
Before the acquisition of lands, the taxapayers had been advised that a shopping centre would not be economically feasible without an adjoining...
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | sale of shares was alternate means to realize gain from real estate dealing | 135 |
Regal Heights Ltd. v. Minister of National Revenue, 60 DTC 1270, [1960] CTC 384, [1960] S.C.R. 902
The taxpayer, whose shareholders devoted a significant but ultimately unsuccessful efforts to interest a major department store in becoming a...
McIntosh v. Minister of National Revenue, 58 DTC 1021, [1958] CTC 18, [1958] S.C.R. 119
A retired individual who agreed to participate with a relative in the purchase of building lots realized a taxable profit from the disposition of...
See Also
Abedipour v. The King, 2022 TCC 155
Whether the taxpayers were required to charge HST on the sale of their newly-constructed home turned, under para. (f) of the ETA “builder”...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Builder - Paragraph (f) | home was sold shortly after construction due to personal circumstances, as corroborated by its custom features | 292 |
Investissements 3,38 inc. v. Agence du revenu du Québec, 2022 QCCQ 2534
The taxpayer (“3.38”), which was a closely-held corporation run by a retired notary (Blouin), that had made two previous loans, lent money to...
Wall v. Canada, 2021 FCA 132
The taxpayer purchased three homes in Vancouver in succession between 2004 and 2009, demolished each one, constructed a new house and sold it less...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Builder - Paragraph (f) | 3 successive demolish, build and sell transactions in new homes over 5 years were not excluded under (f) | 258 |
| Tax Topics - Excise Tax Act - Section 191 - Subsection 191(5) | exception in s. 191(5) not established | 250 |
| Tax Topics - Excise Tax Act - Schedules - Schedule V - Part I - Section 3 | residential use by the builder not established | 267 |
Polonovski v. Agence du revenu du Québec, 2020 QCCQ 8943
The two taxpayers acquired a rental property (the “Garnier” property), consisting of a duplex and triplex, in 2004. In 2009, they decided to...
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | IT-218R preferred over CAE | 330 |
Ouellette v. Agence du revenu du Québec, 2020 QCCQ 8765
A couple (one of them, a carpenter) who successively substantially renovated or built and (after living in each) sold three homes, with the sales...
Hansen v. The Queen, 2020 TCC 102
The taxpayer had a grade 9 education, and operated first a concrete pouring business and then a foundation repair business. He and his wife sold a...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | no carelessness given bona fide belief that principal residence exemption applied | 178 |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | benefit of doubt should be given to taxpayer | 252 |
Chevalier v. Agence du revenu du Québec, 2020 QCCQ 2220
After the taxpayer had held a property for 15 years on which she had resided and initially had used to run a day care, she was approached by the...
Immeubles Zamora ltée v. Agence du revenu du Québec, 2020 QCCA 894
The two taxpayers owned the general partner of, and each had a 10% limited partnership interest in, a limited partnership that constructed a...
Bishara v. Agence du revenu du Québec, 2020 QCCA 854
The taxpayer purchased a condo in April 2008, for him and his girlfriend and two children to live in, sold it a year later to purchase and move...
Piché v. Agence du revenu du Québec, 2020 QCCQ 1283
The three taxpayers were a mother (Suzanne) and father (Serge), and their son (Yves), and at issue was whether their gains (which they had not...
Latulippe v. Agence du revenu du Québec, 2019 QCCA 2177
Three individuals who had purchased an eight-unit rental property in co-ownership, determined around 4 ½ years later to sell the property due to...
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| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | subdividing a rental property to substantially enhance the sales proceeds did not entail conversion to inventory | 305 |
Cristofaro v. Agence du revenu du Québec, 2019 QCCQ 6242
The three taxpayers involved in these two appeals were Diane Cristofaro (Mrs. Cristofaro) and her sons Dean and Jaysen Cristofaro. On April 26,...
Paletta v. The Queen, 2019 TCC 205, aff'd 2021 FCA 182
Before finding that most of the dispositions (mostly in 2007) of nine properties (seven of them, vacant land) in the Golden Horseshoe area, by a...
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| Tax Topics - General Concepts - Sham | film marketing partnership loss denied on the basis that an alleged option was a sham | 415 |
| Tax Topics - Income Tax Regulations - Regulation 231 - Subsection 231(6) | expectation of repurchase option being exercised generated a prescribed benefit | 207 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | expenses non-deductible because partnership expected to be repurchased before any income generated | 127 |
| Tax Topics - General Concepts - Evidence | TCC not bound by admission contrary to facts where benefiting party has adduced evidence on point | 50 |
Rochefort v. Agence du revenu du Québec, 2019 QCCQ 2660 (Court of Quebec)
The taxpayer (Ms. Rochefort) wished to invest her ½ of the sales proceeds received by her and her significant other (Mr. Cleary, subsequently her...
Les Développements Iberville Ltée v. Agence du Revenu du Québec, 2018 QCCA 1886 (Quebec Court of Appeal)
The taxpayer’s intention was to build a shopping center on 10 million square feet. The other 20 million square feet was purchased on the...
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| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | abuse to use rollover provisions to avoid rather than defer tax | 683 |
| Tax Topics - Income Tax Act - Section 85 - Subsection 85(1) | abuse of Quebec equivalents of ss. 85(1) and 97(2) to avoid (rather than defer) tax | 420 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | improvements to leased retail premises were not demonstrated to be made only at tenants’ requests | 106 |
| Tax Topics - Income Tax Regulations - Regulation 402 - Subsection 402(6) | purpose of inter-provincial allocation rules is for 109% of income to be allocated and taxed | 558 |
| Tax Topics - Income Tax Act - Section 249.1 - Subsection 249.1(1) | no policy of permitting differing Quebec and federal year ends | 196 |
Francoeur v. Agence du revenu du Québec, 2016 QCCQ 11906
The taxpayer was an entrepreneur who built and sold rental homes as well as having sold two personal residences that had been constructed by him...
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| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | gain of builder eligible for exemption | 128 |
Staltari v. The Queen, 2015 DTC 1130 [at 818], 2015 TCC 123
The taxpayer, a commercial real estate broker, donated land in 2009 to the City of Ottawa, received a charitable receipt for its appraised value...
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| Tax Topics - General Concepts - Evidence | uncorroborated testimony | 99 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | no business where no business organization | 167 |
| Tax Topics - Income Tax Act - Section 38 - Paragraph 38(a.2) | land donated in order to achieve tax benefit was still a gift to a qualified donee | 133 |
| Tax Topics - Income Tax Act - Section 39 - Subsection 39(1) - Paragraph 39(1)(a) | exclusion of gains that are ordinary income | 149 |
Belcourt Properties Inc. v. The Queen, 2014 DTC 1182 [at 3678], 2014 TCC 208
The taxpayer acquired an office building in 2002 that was unoccupied except for the ground floor (which was leased to Videotron), developed and...
Zielinski v. The Queen, 2014 DTC 1023 [at 2635], 2013 TCC 384 (Informal Procedure)
The taxpayer spouses purchased two adjacent parcels of land in 1993. They had the parcels subdivided and sold most of the land at a profit by...
Bélanger v. The Queen, 2012 DTC 1235 [at 3651], 2012 TCC 93
Favreau J. dismissed the taxpayer's claim that his gain on five properties was capital in nature. The taxpayer operated a business in which his...
Peluso v. The Queen, 2012 DTC 1166 [at 3408], 2012 TCC 153
The taxpayer ran into difficulties in one of its land development projects and sold it before completing its development plans. Although the land...
9067-9051 Québec Inc., Vincent v. The Queen, 2012 DTC 1073 [at 2842], 2011 TCC 456
The individual taxpayer ("Vincent") was the sole shareholder and director of the corporate taxpayer ("9067"). The corporate taxpayer acquired a...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | taxpayer unaware of factual basis for shareholder benefit | 200 |
| Tax Topics - Income Tax Act - Section 163 - Subsection 163(2) | 152(4)(a)(i) is lesser threshold | 75 |
Von Realty Limited v. The Queen, 2011 DTC 1264 [at 1500], 2011 TCC 345
A group of investors acquired, through holding corporations, co-ownership interests in a property on which to construct and sell houses. The...
Palardy v. The Queen, 2011 DTC 1188 [at 1050], 2011 TCC 108
The taxpayer sold a residence eight months after the point at which she had completed its construction and moved in. The Minister characterized...
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| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | income account treatment in "grey zone" | 133 |
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | 151 |
Krauss v. The Queen, 2009 DTC 1394 [at 2155], 2009 TCC 597
The taxpayer disposed of a development property to a wholly-owned corporation on capital account rather than as inventory given that her practice...
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| Tax Topics - Income Tax Act - 101-110 - Section 103 - Subsection 103(1.1) | family trust allocated unreasonable return on its nominal-cost units | 210 |
| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Loss v. Loss | 49 | |
| Tax Topics - Income Tax Act - Section 74.1 - Subsection 74.1(2) | 104 |
Dalron Construction Limited v. The Queen, 2008 DTC 4733, 2008 TCC 476
Land transferred by the taxpayer (whose business was the purchase and development of land through the construction of residential and commercial...
Sivasubramaniam v. The Queen, 2008 DTC 3886, 2008 TCC 261 (Informal Procedure)
Before finding that rental condominium units of the taxpayer were capital property to him notwithstanding his professed intention of reselling...
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| Tax Topics - Income Tax Regulations - Regulation 1100 - Subsection 1100(14) | 79 | |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(b) | 111 | |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | capital gains from resale not a permitted purpose | 63 |
Dubé v. The Queen, 2007 DTC 468, 2005 TCC 779 (Informal Procedure)
The taxpayer, who was a building inspector, bought and sold three housing properties at a gain over the space of approximately two years before...
Canada Safeway Limited v. The Queen, 2006 DTC 3144, 2006 TCC 345, aff'd 2008 FCA 24
The taxpayer entered into a joint venture agreement with a developer for the development of a shopping centre because it wished to build a store...
Twin Islands Estates Ltd v. The Queen, 2004 DTC 2515, 2004 TCC 141
A corporation owned equally by a corporation whose principal business was operating a veneer mill and by a corporation that engaged on various...
Willis v. The Queen, 2003 DTC 1081, 2003 TCC 575 (Informal Procedure)
The taxpayer had acquired seven lots adjacent to their principal residence as a protective greenbelt. Due to a change in their personal...
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| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | gradual disposition program not indicative of change of use | 147 |
Fecteau v. The Queen, 2003 DTC 146 (TCC)
After the taxpayer lost his employment in Toronto and purchased a new residence in Quebec, he was unsuccessful in efforts to sell his Toronto...
Glassford v. The Queen, 2000 DTC 2531 (TCC)
The sale by the taxpayer of 320 acres of land on which there was standing timber to a corporation gave rise to a capital gain notwithstanding that...
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| Tax Topics - General Concepts - Effective Date | land transaction not effective until reduced to writing | 69 |
Alexandroff v. The Queen, 95 DTC 767, [1995] 1 CTC 2434 (TCC)
The only motivating intention of a numbered company (which subsequently became the general partner of a limited partnership) was to acquire a...
Campeau v. MNR, 93 DTC 92, [1992] 2 CTC 2208, [1992] 2 CTC 2673 (TCC)
The taxpayer realized gains on income account from the disposition of two real estate properties which he had acquired on a highly-leveraged basis...
Marson v. Morton, [1986] BTC 377 (Ch. D.)
The Vice-Chancellor, Sir Nicolas Browne-Wilkinson declined to reverse a finding of the Commissioners that four brothers who had no history of...
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| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | 45 |
Reeves Inc. v. MNR, 85 DTC 419 (TCC)
Christie A.C.J. lists the factors which are germane to ascertaining the relevant intention at the time of purchase of real estate.
C.I.R. v. Reinhold (1953), 34 TC 389 (C.S. (1st. Div.))
The Court upheld the finding of the Commissioner that the resale of four rental houses three years after their acquisition by an individual who...
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| Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(2) - Paragraph 108(2)(b) | 173 |
Administrative Policy
1 June 2021 GST/HST Ruling 192033r2 - Assignment of an agreement of purchase and sale of a condominium unit
A non-resident individual entered into an agreement to purchase a condo to be constructed in Canada for occupancy by the individual’s daughter...
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| Tax Topics - Excise Tax Act - Section 123 - Subsection 123(1) - Builder - Paragraph (f) | assignment of a condo purchase agreement at a gain when plans for personal occupancy by purchaser’s daughter fell through was pursuant to an adventure in trade | 501 |
30 March 2016 External T.I. 2016-0629701E5 F - bump-up 88(1)(d)
Where a corporation engaged in a land development business acquired a corporation holding a parcel of land as capital property, CRA accepted that...
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| Tax Topics - Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) | land developer can bump the cost amount of land (for use by it as land inventory) which was held by a target as capital property when its control was acquired | 257 |
10 March 2015 External T.I. 2014-0552551E5 F - Vente du droit d'exploiter une sablière
A partnership which owns a "qualified farm or fishing property" sells the right to operate the sand pit to a municipality for a fixed sum. Does a...
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| Tax Topics - Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(g) | sale of rights to extract sand generally not caught unless a profit à prendre | 128 |
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Farm or Fishing Property | sale of rights to extract sand could be considered sale of qualified farm or fishing property | 180 |
20 January 2015 External T.I. 2014-0560961E5 - Treatment of creditor that has seized property
A taxpayer realized on its first lien on a house (which had secured an interest-free loan to an arm’s length third party) and seized the...
25 April 2013 Internal T.I. 2013-0478511I7 F - Distribution à un commanditaire
A limited partnership ("SEC") engaged principally in identifying and acquiring commercial real estate realized a capital gain from the disposition...
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| Tax Topics - Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(f) | allocated capital gains retained their character unless re services performed by partner in course of separate business | 397 |
| Tax Topics - Excise Tax Act - Section 272.1 - Subsection 272.1(1) | distinction between return on partnership investment and services rendered by partner in the course of a separate business | 295 |
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(iv) | services rendered by limited partner to LP gave rise to ACB increase if no s. 9 income inclusion for fee income | 133 |
29 November 2012 External T.I. 012-0467841E5
The correspondent asked whether a taxpayer selling a property above its assessed (i.e. property tax) value could treat the excess above assessed...
11 February 2011 External T.I. 2010-0377171E5 F - Dépenses engagées à l'égard d'un immeuble locatif
The correspondent will purchase an income property, renovate the two existing housing units, and add a third unit in the basement if the necessary...
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| Tax Topics - Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(b) - Capital Expenditure v. Expense - Improvements v. Repairs or Running Expense | renovation expenses to rental unit on capital account if lasting benefit for rental activities generated or an improvement over existing housing units is created | 177 |
2000 Ruling 2000-0028423 - partnership dissolution under 98(3)
Lands and buildings of a partnership that were distributed to its partners on a winding-up under s. 98(3) would be capital properties in their...
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| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(iv) | 38 | |
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(iv) | 82 | |
| Tax Topics - Income Tax Act - Section 98 - Subsection 98(3) | 0% undivided interest | 38 |
Income Tax Technical News, No. 7, 21 February 1996 (cancelled)
After stating that:
At previous conferences, Revenue Canada has indicated that, in situations where a corporate taxpayer has acquired, on a...
20 December 1995 External T.I. 9526825 - ENTRY FEE PAYMENTS & WITHHOLDING TAX
Discussion of factors bearing on whether surface lease payments are on account of capital (e.g., lump sum payments received as compensation for...
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| Tax Topics - Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) | 98 |
4 March 1994 Internal T.I. 9321217 - SALE OF BURIAL PLOTS
Although a cemetery operator is considered to deal in rights of interments as inventory, and RC regards the granting of such easements as...
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | 69 |
8 January 1993 External T.I. 5-910367
Where a corporation transfers land that is capital property to a subsidiary utilizing the s. 85(1) rollover and the subsidiary acquires the real...
8 January 1992 T.I. (Tax Window, No. 27, p. 19, ¶2359)
Where a corporation transfers land as capital property on a rollover basis to a subsidiary which acquires the land to develop for resale, the...
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| Tax Topics - Income Tax Act - Section 9 - Computation of Profit | 49 |
1992 A.P.F.F. Annual Conference, Q. 18 (January - February 1993 Access Letter, p. 57)
It is a question of fact whether vacant land which produces no income constitutes capital property, or property that is held in an adventure or...
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| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | conversion when commence to generate income | 35 |
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) | 25 |
6 September 89 T.I. (February 1990 Access Letter, ¶1117)
Where a farmer transfers his farm on a rollover basis to his adult children who immediately thereafter sell the farm property in an arm's length...
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| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(2) | 51 |
89 C.R. - Q.26
In determining the nature of the gain realized by a creditor on the disposition of real estate which have been acquired by it in full or partial...
Robert Read, "Technical Matters," 1983 Annual CTF Conference Report, 783 at 785 under "Section 85 Rolls"
A taxpayer transfer appreciated capital property on a rollover basis under s. 85(1) to a corporation and the acquiring corporation immediately...
IT-459 "Adventure or Concern in the Nature of Trade"
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | 0 |
IT-218R "Profit, Capital Gains and Losses from the Sale of Real Estate, including Farmland and Inherited Land and Conversion of Real Estate from Capital Property to Inventory and Vice Versa".
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| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7) - Paragraph 13(7)(a) | 140 |
Articles
Sandler, "Character Roles: Property Transfers and Characterization Issues", 1996 Canadian Tax Journal, Vol. 44, No. 3, p. 605.
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| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares | 0 |
Commentary
Indicia of "adventure"/significance of intention
A disposition of real property will be on income account (rather than on capital account thereby...