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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| 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...
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...
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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|---|---|---|
| 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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| 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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| 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...
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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| 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...
Subsection 1101(5b.1)
Administrative Policy
15 February 2023 External T.I. 2022-0934821E5 F - Paragraphes 1103(1) et 1101(5b.1)
Reg. 1103(1) allows a taxpayer to elect to include, what otherwise would be Class 2 to 12 properties of the same business, in Class 1, thereby...
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| Tax Topics - Income Tax Regulations - Regulation 1103 - Subsection 1103(1) | Reg. 1103(1) election by partnership cannot extend to property included in a separate class under Reg. 1101(5b.1) election | 134 |
7 October 2022 APFF Roundtable Q. 4, 2022-0942131C6 F
A taxpayer must file an election pursuant to Reg. 1101(5b.1) for each eligible non-residential building for which the taxpayer intends to claim...
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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| 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...
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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| Tax Topics - Income Tax Act - Section 220 - Subsection 220(3.5) | 166 | |
| Tax Topics - Income Tax Act - Section 50 - Subsection 50(1) | 166 |
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...
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...