Regulation 4600

Subsection 4600(1)

See Also

Gaston Cellard Inc. v. The Queen, 2005 DTC 699, 2002 DTC 1890 (TCC)

The cost of installing a weigh scale on a new foundation at a sawmill in the Gaspé region represented the cost of a building given that the installation of the weigh scale on its new foundations had the effect of making it an immovable.

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Tax Topics - Income Tax Act - Section 127 - Subsection 127(11.1) 93

Subsection 4600(2)

Cases

Cumberland Ready Mix Ltd. v. The Queen, 94 DTC 6079 (FCTD)

The primary purpose for which concrete ready-mixers and one stone slinger (used to spread stone on construction sites) were designed was found to be the processing and delivery of concrete for the taxpayer's customers, i.e., operation off-highway on construction sites or at a plant. Accordingly, the fact that they were operated on highways and streets did not cause the exclusion in Regulation 4600(2)(e) for "a car or truck designed for use on highways or streets" to disqualify them for the investment tax credit.

Halliburton Services Ltd. v. The Queen, 85 DTC 5336, [1985] 2 CTC 52 (FCTD), aff'd 90 DTC 6320 (FCA).

The taxpayer purchased vehicles from an automotive equipment manufacturer, and then modified the vehicles by bolting to them various pieces of its equipment to be used in its well-pumping operations. The vehicles were classified as automotive equipment of the nature of a truck designed for use on a highway (ineligible), whereas the attached equipment was characterized as contractor's movable equipment (eligible).

See Also

Terroco Industries Ltd. v. MNR, 93 DTC 1 (TCC)

A 10-wheel truck which had been especially adapted for the purpose of serving as an integral part of a hot oil unit used for heating oil and pumping it under pressure into wells in order to melt paraffin accumulations could not be considered to have been "designed for use in highways or streets" (Regulation 4600(2)(e)) and instead was "equipment ... used in a gas or oil field in the production therefrom of natural gas or crude oil" (definition of "gas or oil well equipment" in Regulation 1104(2)).

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