Regulation 1101

Subsection 1101(1)

Cases

Dupont Canada Inc. v. Canada, 2001 DTC 5269, 2001 FCA 114

A sale by the taxpayer of most of the assets of its explosives manufacturing operation in Nipissing was found not to be a sale of a separate...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) centralized operation 170

MNR v. Pevato, 65 DTC 5183, [1965] CTC 300 (Ex Ct), briefly aff'd 67 DTC 5058 (SCC)

In finding that the taxpayer did not realize recapture of depreciation when it sold its interest in a hotel and constructed a motel, because they...

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See Also

Dupont Canada Inc. v. The Queen, 99 DTC 1132 (TCC), aff'd 2001 FCA 114

Lamarre Proulx TCJ. applied (at p. 1139) the principle that "there will be one business when there is interlacing and interdependence to such a...

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Administrative Policy

7 June 2017 CPTS Roundtable, 2017-0695131C6

Is a corporation in the business of exploring, developing and producing hydrocarbons at various locations in Canada carrying on a single business...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Proceeds of Disposition Q.1 - Daishowa extends beyond reforestation and reclamation obligations only on a case-by-case basis 213
Tax Topics - Income Tax Act - Section 66 - Subsection 66(15) - Canadian Resource Property - Paragraph (d) Q.2 - a Canadian resource royalty interest requires a right to “take production” 135
Tax Topics - Treaties - Income Tax Conventions - Article 13 Q.3 - Canada-U.K. Treaty does not exempt shares deriving their value from Canadian oil and gas licences – even where the Canadian business is carried on “in” them 193
Tax Topics - Income Tax Act - Section 115 - Subsection 115(1) - Paragraph 115(1)(a) - Subparagraph 115(1)(a)(ii) Q.4 - by analogy to mining, hydrocarbons may be similar properties 348
Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) Q.5 - application of Scales test to determining whether there is a separate business 224
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 26 Q.7 - refinery catalysts are Class 26 property 87
Tax Topics - Income Tax Regulations - Schedules - Schedule II - Class 49 Q.8 - taxpayers generally have the documentary evidence on hand to allocate costs between pipelines and pipeline appendages 117

Subsection 1101(1ac)

Administrative Policy

30 June 2000 External T.I. 1999-0013945 - Rental property

Where a taxpayer owns buildings that are used in an active business and subsequently leases one of those buildings, that building will be...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5) building transferred to separate class when becomes rental property 189

10 April 1997 External T.I. 9704225 - RENTAL PROPERTY

On the facts in 15 August 1990 T.I. 900372 (where a building was transferred to a new subsidiary (Company B), which thereupon commenced to use the...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5) transfer to separate class occurs immediately upon rental and following Reg. 1102(14)(d) transfer 91

29 March 1996 External T.I. 9606715 - SEPARATE CLASSES

Separate classes are not required for each unit when an apartment building is converted into a condominium building, as there would be no...

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15 August 1990 T.I. 900372

Company A owns several properties, comprising buildings acquired after 1971 for more than $50,000 and all included in Class 3, and land, which are...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 13 - Subsection 13(5) 13(5) transfer where business-use buildings become rental properties 62

89 C.R. - Q.6

RC regards a taxpayer's entire holdings in respect of a condominium building to be a single property with a single capital cost.

84 C.R. - Q.53

Pre-1972 rental properties of two corporations will be included in the same class following an amalgamation, or following the winding-up of one...

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Subsection 1101(5b.1)

Administrative Policy

13 March 2017 External T.I. 2016-0626641E5 F - Election - Subsection 1101(5b.1) Reg.

A corporation makes two additions in two consecutive taxation years to a pre-2007 non-residential building, and made the election under Reg....

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Locations of other summaries Wordcount
Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(23) further work on an addition does not fall into a separate class 115

10 June 2013 External T.I. 2013-0489101E5 F - Ajout à un édifice - choix en vertu de 1101(5b.1)

In Year 1 (and after March 18, 2007), the taxpayer constructed an "eligible non-residential building" (per Reg. 1104(1)), but did not elect under...

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9 November 2012 CTF Atlantic Roundtable, 2012-0465981C6 - CTF Atlantic - Filing Electronically

When a tax return is filed electronically, how can the taxpayer satisfy a requirement to "elect in the return" (see s. 50(1)) or "by letter...

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7 October 2011 Roundtable, 2011-0411811C6 F - Règlement 1101(5b.1)

A Inc. and B Inc. (with calendar year ends) are members of a partnership with a January 31 year end that acquired an eligible non-residential...

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4 March 2010 External T.I. 2009-0348411E5 F - Bâtiment non-résidentiel admissible

After indicating that a second addition made in 2009 to a building (the “main building”) that was not an eligible non-residential building...

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