Cases
Stuart (Estate) v. Canada, 2004 DTC 6173, 2004 FCA 80
Counsel for the taxpayer unsuccessfully argued that the personal circumstances of the deceased taxpayer represented a personal barrier to...
Carlile v. The Queen, 95 DTC 5483, [1995] 2 CTC 273 (FCA)
The taxpayer owned a property of approximately 33 acres of which three acres around her house were for personal use and 25 acres of the remaining...
Augart v. The Queen, 93 DTC 5205, [1993] 2 CTC 34 (FCA)
The taxpayer was entitled to the principal residence exemption on the capital gain arising on the sale, under threat of expropriation, to the...
Fourt v. The Queen, 91 DTC 5631, [1991] 2 CTC 311 (FCTD)
Lot 77 adjoined the lot (Lot 76) on which the taxpayer had her house and was used as base for a storage shed, an outhouse, an incinerator, some...
Windrim v. The Queen, 91 DTC 5221, [1991] 1 CTC 271 (FCTD)
The taxpayer, who purchased 17.6 acres of land knowing that it could not be subdivided, and who lived on the land for several years in a mobile...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Similar Statutes/ in pari materia | expropriation and tax legislation not in pari materia | 38 |
Mintenko v. The Queen, 88 DTC 6537, [1989] 1 CTC 40 (FCTD)
A farm house which the taxpayer lived in from April to October of 1976 before being told by his bride-to-be that she refused to live there, was...
| Locations of other summaries | Wordcount | |
|---|---|---|
| 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 9 - Capital Gain vs. Profit - Real Estate | farm activity kept separate from trading activity | 124 |
The Queen v. Yates, 83 DTC 5158, [1983] CTC 105 (FCTD), aff'd 86 DTC 6296 [1986] 2 CTC 46 (FCA)
The taxpayer met the onus of showing that all of a 10 acre lot contributed to his enjoyment of his house where it was shown that 10 acres was the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | 43 |
The Queen v. Mitosinka, 78 DTC 6432, [1978] CTC 664 (FCTD)
The taxpayer rented out 1/2 of an unusual structure which was analogous to a duplex but which had a common basement and a window connecting the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Land | 93 |
See Also
Salama v. Agence du revenu du Québec, 2022 QCCQ 718
After her divorce in 1998, the taxpayer (along with her young son) moved back to live with her mother in the house she had grown up in. It...
Denis v. Agence du revenu du Québec, 2019 QCCQ 6708
The taxpayer sold a triplex in 2011 at a gain, which he reported as being fully exempt under the Quebec principal residence exemption. The...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) - Subparagraph 45(1)(a)(ii) | taxapyer could not treat alleged prior change of use as stepping up basis | 303 |
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...
| Locations of other summaries | Wordcount | |
|---|---|---|
| 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 9 - Capital Gain vs. Profit - Real Estate | 122 |
Boulet v. The Queen, 2010 DTC 1015 [at 2602], 2009 TCC 261
A basement apartment in the house inhabited by the taxpayer, which had a kitchenette, bedroom and bathroom, was accessible only through an...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Land | binding NAL agreement suppressed land's FMV | 217 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | benefit conferred when shareholder receives unconditional right thereto, rather than when such right subsequently exercised | 356 |
Sidhu v. The Queen, 2004 DTC 2540, 2004 TCC 174
In finding that a property that the taxpayer had used as a rental property for approximately nine years but which allegedly was used for a short...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(a) - Subparagraph 152(4)(a)(i) | didn't inform return preparer of gain | 56 |
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(a) | must be unequivocal inconsistent use | 120 |
Estate of Myrth May Stuart v. The Queen, 2003 DTC 329, 2003 TCC 171, aff'd supra.
The estate of the deceased taxpayer was unable to establish that more than one-half hectare of a 1.4 hectare property was necessary for the use of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Proceeds of Disposition | 164 |
Low v. The Queen, 93 DTC 927, [1993] 2 CTC 2227 (TCC)
The taxpayer failed to establish that the ownership of a Florida condominium was held by a Liechtenstein "establishment" as bare trustee for the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | 59 |
Lewis v. Lady Rook, [1990] BTC 9 (Ch. D.)
The Court upheld the commissioners' finding that a gain on the disposal of a gardener's cottage 175 metres from the main house on a 10.5 acre...
Flanagan v. MNR, 89 DTC 615, [1989] 2 CTC 2395 (TCC)
A lake front lot to which the taxpayer drove his mobile vans from his Vancouver residence for weekends and vacations qualified as his principal...
Williams v. Merrylees, [1987] BTC 393 (HCJ.)
A lodge on a four acre estate that was located about 200 metres from the main house and was occupied by a gardener employed by the taxpayer was...
Markey v. Sanders, [1987] BTC 176 (HCJ.)
In order for two buildings to be regarded as one residence, the occupation of the second building must increase the taxpayer's enjoyment of the...
Batey v. Wakefield, [1981] T.R. 251, [1982] 1 All E.R. 61 (C.A.)
S.29(1) of the Finance Act 1965 exempted an individual from capital gains tax on the disposition of "a dwelling house which is ... his own or main...
R. v. Gerencer (1979), 105 DLR (3d) 284, [1980] 1 S.C.R. 403
The whole of a small farm, the produce from which was used by the owner for home use and animal fodder, was held to be "used by the owner thereof...
Administrative Policy
10 October 2024 APFF Financial Strategies & Instruments Roundtable, Q.9
An individual incurs qualifying renovation expenditures to create a secondary unit (Unit B) to house a qualifying individual. When the work is...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 122.92 - Subsection 122.92(1) - Qualifying Relation | qualifying relation does not extend to the spouse of a nephew or niece | 72 |
| Tax Topics - Income Tax Act - Section 252 - Subsection 252(2) - Paragraph 252(2)(g) | s. 252(2)(g) does not extend to the spouse or common-law partner of a niece or nephew | 32 |
| Tax Topics - Income Tax Act - Section 122.92 - Subsection 122.92(1) - Eligible Individual | credit is not lost if secondary unit is then sold to its qualifying occupants | 159 |
27 June 2024 External T.I. 2023-1000391E5 - BC Secondary Suite Incentive Program
The BC Secondary Suite Incentive Program assists qualifying homeowners to create a new secondary suite or accessory dwelling unit (a “Secondary...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) | rental program requiring rent at no more than an affordability limit could correspond with a source of income | 185 |
| Tax Topics - Income Tax Act - Section 54 - Adjusted Cost Base | forgivable loan could be cost reduction based on well-accepted business principles | 218 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(7.1) | application of s. 13(7.1) or 53(2)(k), and exclusion of s. 12(1)(x), re BC government forgivable loan for construction of secondary suite | 153 |
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(c) - Subparagraph 45(1)(c)(ii) | conversion of part of home to a secondary suite for rental would engage s. 45(1)(c)(ii) | 135 |
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) | s. 45(2) would permit claiming principal residence exemption for disposition of secondary suite rather than balance of home | 396 |
11 October 2019 APFF Roundtable Q. 2, 2019-0812611C6 F - Résiliation d'un bail - Lease cancellation
A tenant had been annually renewing a lease of a personal-use condo since the time the condo was first leased in July 2013. The condo was sold in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(z) | s. 20(1)(z) applies notwithstanding s. 18(1)(a) but is subject to source rule in s. 20(1) preamble | 193 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | lease termination payment received by tenant was referable to complete period of holding of (annually renewed) leasehold interest | 245 |
| Tax Topics - Income Tax Act - Section 20 - Subsection 20(1) | s. 20(1)-preamble source rule applied | 148 |
21 June 2017 External T.I. 2017-0687961E5 - Principal residence exemption and farm property
Although a farmhouse cannot legally be legally severed from the rest of the (farming) parcel of land on which it is situated,the individual owner...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | purported retention of beneficial ownership of portion of non-severable parcel of land was ineffective | 116 |
S1-F3-C2 - Principal Residence
Meaning of housing unit
2.7 ...
- a housing unit... could include:
- a house;
- an apartment or unit in a duplex, apartment building or condominium;
- a...
7 October 2016 APFF Roundtable Q. 2, 2016-0652841C6 F - Changement partiel d’usage - immeuble locatif et résidentiel
An individual owner of the whole triplex used Unit 1 (representing 50% of the area) for direct personal use and rented out the other two units –...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(c) | switch between which triplex units used for personal/ family rental or 3rd-party rental did not trigger change of use | 249 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | on sale of triplex, individual can claim exemption only for years in which particular units were used personally or by children | 409 |
21 January 2016 Ordre des CPA du Québec Personal Taxation Roundtable Q. 9, 2016-0625141C6 F - Principal residence - duplex
An individual purchases a duplex to support and provide care to an elderly parent, and renovates it so a door now provides interior access between...
4 March 2015 Internal T.I. 2015-0567791I7 F - Exemption résidence principale louée à un enfant
A taxpayer claims capital cost allowance ("CCA") as a deduction from his rental income for the period when his housing unit is leased to his son. ...
23 June 2014 External T.I. 2014-0528271E5 F - Terrain « adjacent » à la résidence principale
The taxpayers, whose "Lot 1" included a floodplain, were legally precluded from expanding their residence until they purchased the nearby "Lot 2."...
22 May 2014 External T.I. 2014-0519811E5 F - Droit d'usage au Québec pré-1991
Mother donated (before 1991) a Quebec duplex (Units A and B) to her son and daughter-in-law (the "Couple") and, in the donation agreement, Mother...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | usufructuary of duplex unit was de facto owner thereof | 71 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) | effective grandfathering of right as usufructuary which arose before 1991 | 165 |
28 August 2013 External T.I. 2013-0498701E5 - Principal Residence Exemption - Excess Land
After noting that a minimum lot size or severance restriction would generally support a taxpayer's claim that land more than a half-hectare is...
18 June 2013 External T.I. 2013-080951E5
Ontario's MicroFIT program provides a mechanism for individuals to sell electricity to the Ontario Power Authority that is generated from, e.g.,...
13 February 2013 Internal T.I. 2012-0448391I7 - Validity of late-filed election and designation
The taxpayer, who sold a duplex to a non-arm's length person, filed his tax return on time without disclosing the disposition, then approximately...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) | 147 |
5 November 2012 External T.I. 2012-0445241E5 F - 54 et 40(2)b)
A taxpayer has owned a duplex with two distinct municipal addresses, two main independent entrances, one heating system, two hot water tanks and...
28 September 2010 External T.I. 2010-0375501E5 F - Triplex - Résidence principale
In confirming that a unit in a triplex can qualify as a principal residence, CRA stated:
Where the units in a triplex are separate units, it is...
23 September 2010 External T.I. 2010-0364711E5 F - Résidence principale
The taxpayer acquired a residence that included a small unit in the basement with an independent exit, kitchenette, washer/dryer entrance and...
8 January 2010 External T.I. 2009-0344061E5 F - Crédit d'impôt pour la rénovation domiciliaire
After noting that a residence held by a partnership could qualify as an "eligible dwelling" of a partner for home renovation tax credit ("HRTC"),...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 118.04 - Subsection 118.04(1) - Eligible Dwelling - Paragraph (a) | residence of a partnership, but not a corporation, can be an eligible dwelling | 56 |
| Tax Topics - General Concepts - Ownership | partner is “owner” of partnership property for principal residence exemption purposes | 30 |
27 May 2009 Internal T.I. 2009-0310751I7 F - Usufruit d'un immeuble avant 1991
CRA indicated that since a usufruct regarding a principal residence was created prior to 1991 (i.e., prior to the amendment of s. 248(3)), the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) | re a usufruct created prior to 1991, the usufructuary was considered to continue as the beneficial owner | 195 |
8 November 2005 External T.I. 2005-0148091E5 F - Résidence principale-deux unités de condominium
A couple purchased a condo beneath the one they had been occupying as their home and did work to connect the two units by interior staircase....
17 February 2005 External T.I. 2004-0091811E5 F - Exemption pour résidence principale
A single taxpayer (Mr. A) has been living in the basement of a residence acquired by him, with his mother (Ms. B) living on the ground floor...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (a) | where residence held by son and mother in equal co-ownership is 2 units each occupied separately, each could technically access the exemption for only a ¼ interest | 239 |
6 February 1996 External T.I. 9529455 - LIFE LEASES
Where an exchange for a lump sum prepayment and monthly fees, an individual is given a lease to occupy a specific housing unit in a building owned...
6 February 1996 T.I. 952944 (C.T.O. "Proprietary Leases")
Where an individual owns shares of a non-profit organization owning a building in which a number of housing units will be created, share...
Income Tax Technical News, No. 7, 21 February 1996 (cancelled)
The filing of a protective capital gains election under s. 110.6(19) in respect of a property will not by itself prejudice a claim that the entire...
4 May 1995 Internal T.I. 9509607 - PRINCIPAL RESIDENCE EXEMPTION AND CAPTIAL GAINS
Detailed discussion of whether the principal residence exemption is available where a client purchases a house located on a lot under ½ hectare...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Statutory Interpretation - Interpretation Act - Subsection 33(2) | provision contemplates only singular | 39 |
7 March 1995 External T.I. 9500305 - PRINCIPAL RESIDENCE AND CAPITAL GAINS
Where the father owned and lived in a residence with his adult son and, after his remarriage, moved in with his new spouse while his son continued...
23 February 1995 943149 (C.T.O. "Principal Residence Exemption & Capital Gains Election")
A taxpayer and his wife who in 1981 subdivided their principal residence property (which was under 1/2 hectare in area) and recently constructed a...
9 February 1995 Internal T.I. 9502557 - PRINCIPAL RESIDENCE EXEMPTION
Where both the cottage and the house were registered in the husband's name from 1972 until the recent transfer of the cottage into the wife's...
16 August 1994 External T.I. 9405815 - PRINCIPAL RESIDENCE
The principal residence exemption is available in respect of a house owned by a married couple that is occupied by and rented to their adult child...
2 June 1994 External T.I. 9334535 - PRINCIPAL RES FOR PERSONAL TRUST AND BENEFICIARIES
A discretionary beneficiary of a personal trust cannot claim a separate principal residence from the personal trust if the home belonging to the...
21 January 1994 External T.I. 9321975 F - Personal Residence
Shares in a co-operative that constructs a building of which 15% of the square footage is to be leased commercially will not qualify as having...
18 September 1992 T.I. (Tax Window, No. 23, p. 3, ¶2177)
RC has no administrative practice to depart from the requirement in s. 54(g)(iii) that the separation be under a judicial separation or pursuant...
14 March 1990 T.I. (August 1990 Access Letter, ¶1370)
Although a priori a building held by a superficiaire will be eligible for the principal residence exemption, the right held by the superficiairee...
23 February 1990 T.I. (July 1990 Access Letter, ¶1347)
In a situation where a building was held in joint tenancy by an individual and a corporation which he owned, the entire portion occupied and used...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | 89 |
Articles
Marjorie Bergeron, "Principal Residence: When Civil Law Muddles Tax Law", Canadian Tax Focus, Vol. 3, No. 2, May 2013, p. 8.
…the right of ownership may be dismembered into usufruct, use, servitude, and emphyteusis under articles 1119 et seq. of the Civil Code of...
Gene Katz, "The Principal Residence Exemption", Personal Tax Planning, 2001 Canadian Tax Journal, Vol. 49, No. 4, p. 990
Paragraph (a)
See Also
Royer v. Agence du revenu du Québec, 2019 QCCQ 4163
The taxpayers (a couple) were the equal co-owners of a house where they lived with their daughter and their disabled son. In order that the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Disposition - Paragraph (a) | sale of property for a stipulated sale price was a disposition notwithstanding usufruct grant by purchaser | 263 |
Dusablon v. Agence du revenu du Québec, 2018 QCCQ 3032
The two taxpayers, who were work colleagues and joint renters of a Montreal apartment, acquired a house on Mount Royal in a dilapidated condition...
Administrative Policy
1 February 2024 External T.I. 2023-0993691E5 - Principal Residence Exemption
An individual and her husband, both Canadian residents, did not travel in 2020 and 2021 to the country where the individual’s townhouse was...
21 January 2016 Roundtable, 2016-0625161C6 F - Résidence principale habitée par un enfant
Could a housing unit qualify as a principal residence of a taxpayer if the taxpayer rented the property to a child for a fair market value (or...
29 August 2014 External T.I. 2014-0541901E5 - Meaning of "child" in "principal residence"
A housing unit owned by a particular individual could still qualify for the principal residence exemption where it was ordinarily inhabited by the...
9 July 2014 External T.I. 2014-0527591E5 F - Résidence principale
An individual owns a housing unit that he leases to his adult son and to unrelated individuals who are the son’s roommates, all of whom...
30 March 2012 Internal T.I. 2011-0408311I7 F - Résidence principale
Mrs. X used the shares of the inheritance of her and her two minor sons (Son A and Son B) to fund the purchase of a condominium unit that served...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | ownership of home generally follows legal title | 260 |
9 June 2011 Internal T.I. 2011-0395001I7 F - Co-propriété indivise d'un duplex
Mr. Y and Ms. X , who were the undivided co-owners of a duplex, with each occupying one of the two constituent housing units, disposed of the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Fair Market Value - Land | although each 50% co-owner of a duplex has an undivided interest in the whole dwelling, the FMV of her interest relates exclusively to the housing unit occupied by her | 190 |
| Tax Topics - General Concepts - Ownership | co-ownership interest is in the whole but valuation of the part occupied should reflect rights of exclusive possession | 317 |
17 May 2010 External T.I. 2009-0346011E5 F - Immeuble - Convention Canada - Portugal
A Portuguese citizen and Canadian resident disposes of a (capital property) immovable at a gain that is not taxable under Portuguese tax law. ...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Treaties - Income Tax Conventions - Article 25 | no discrimination in Canada taxing a Canadian resident on a Portuguese real estate gain exempted from Portuguese tax | 114 |
8 February 2010 External T.I. 2009-0335041E5 F - Résidence principale
Respecting a taxpayer who was the one living in a house owned by his daughter, CRA indicated that neither of them could claim the principal...
29 August 2008 External T.I. 2008-0289971E5 F - Disposition d'un immeuble
An individual acquired a piece of land for the purpose of building a dwelling on it that would be used partly for rental purposes and partly as a...
10 January 2007 External T.I. 2006-0171132E5 F - Revenu locatif
The taxpayer and his wife purchased a bungalow for their daughter, who was a single parent with a low income, with her staying there and being...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit | house rented to daughter at below-market rent was not a source of income – rents excluded form income | 226 |
17 February 2005 External T.I. 2004-0091811E5 F - Exemption pour résidence principale
A single taxpayer (Mr. A) has been living in the basement of a residence acquired by him, with his mother (Ms. B) living on the ground floor...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence | separate municipal addresses not determinative that basement occupied by son and ground floor occupied by mother were two housing units | 129 |
Paragraph (a.1)
Administrative Policy
17 August 2010 External T.I. 2010-0367371E5 F - Fin d'un usufruit - résidence principale
An individual purchased a housing unit for which he established a usufruct in favour of his parents. At all relevant times, the individual owned...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) | dissolution of s. 248(3) trust when the usufructuaries renounced their right of usufruct | 163 |
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.01) | deemed s. 248(3) trust that dissolved when the usufructuary parents renounced their, makes a s. 107(2.01) or (2.001) to apply principal residence exemption to dissolution gain | 287 |
Paragraph (c)
Administrative Policy
11 October 2019 APFF Roundtable Q. 3, 2019-0812621C6 F - Changement d’usage-impact sur l’exemption pour résidence principale
After Monsieur acquired a duplex in January 2011, he used the two units for renting to a third party and as his personal residence, respectively....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(3) | method for making s. 45(3) election where conersion of duplex | 181 |
| Tax Topics - Income Tax Act - Section 43 - Subsection 43(1) | allocation of ACB between units in a duplex | 177 |
5 October 2018 APFF Financial Strategies and Instruments Roundtable Q. 11, 2018-0761571C6 F - Missing info on disposition of principal residence
Commencing in 2016, an individual who had disposed of a principal residence was required to indicate particulars on page 2 of Schedule 3 and,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | description of filing requirements | 67 |
6 October 2017 APFF Roundtable Q. 3, 2017-0709011C6 F - Désignation d’un bien comme résidence principale
On page 2 of Schedule 3 of the return for the year of disposition of a principal residence, the individual checks the box for Case 1. By virtue of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | no loss of bonus year if standard designation | 98 |
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | no loss of bonus year if standard designation |
15 April 2004 Internal T.I. 2004-0062451I7 F - Résidence principale
A taxpayer disposed of land in excess of ½ a hectare, did not file a Form 2091, did not report any capital gain, and on audit was unable to...
Paragraph (c.1)
Administrative Policy
7 October 2020 APFF Roundtable Q. 5, 2020-0852171C6 F - Usufruct of a principal residence
A housing unit is subject to a usufruct created by the Quebec will of Mr. X, with Mr. X’s surviving spouse (Ms. X) being the usufructuary, and...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(4) | application of s. 107(4) to termination of deemed s. 248(3)(a) spousal trust | 472 |
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(6) - Paragraph 70(6)(b) - Subparagraph 70(6)(b)(ii) | s. 70(6)(b)(ii) not satisfied where residence of deceased passes to a usufruct for his surviving spouse for a fixed term of years | 218 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(3) | application of s. 248(3) to usufruct created by will and terminated by death of usufructuary or surrender by her, or assignment or death by bare owner | 286 |
21 November 2017 CTF Roundtable Q. 2, 2017-0724121C6 - Trusts and principal residence
The 2016 NWMM introduced proposed s. (c.1)(iii.1)(A)(III) of the definition of principal residence which provided that in order for a property...
9 September 2013 External T.I. 2012-0464321E5 - Application of subsections 107(2) and 107(2.01)
A personal trust holds a principal residence of a specified beneficiary (as defined in subpara. (c.1)(ii) of the "principal residence" definition...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2.01) | specified and non-specified beneficiaries | 158 |
5 October 2012 Roundtable, 2012-0453941C6 F - Principal residence owned by a trust-exemption
Who are the specified beneficiaries in the following situations?
Situation 1. A principal residence is held by a personal trust whose...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (f) | renunciation by specified beneficiaries immediately before sale would not affect para. (f) exclusion | 155 |
2 February 2006 External T.I. 2005-0111911E5 F - Participation indivise dans un immeuble-fiducie
At the time of Mr. X's death, the usufruct of all the property held by Mr. X, including his undivided share in a two-unit Immovable (one of which...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(5) | grant under will of usufruct and bare ownership to surviving spouse and children, respectively, resulted in a deemed s. 70(5) disposition to a testamentary trust | 124 |
9 December 2003 External T.I. 2003-0032585 - Immeuble détenu par une succession
CCRA indicated that since the taxpayer was a usufructuary of the estate and, thus, an income rather than capital beneficiary of the estate, the s....
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(2) | s. 107(2) rollover unavailable to an income beneficiary | 69 |
Subparagraph (c.1)(ii)
Administrative Policy
18 March 2005 External T.I. 2004-0089661E5 F - Fiducie personnelle-Résidence principale
Father acquired a rental property (the "Immovable") in 1956 and, on his death in 1994, devised the usufruct of the Immovable to his wife...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 107 - Subsection 107(4) | application of s. 107(4) to spouse trust respecting residence turned on whether such trust was terminated by such income interest being distributed to the capital beneficiary during the spouse’s lifetime or on her death | 282 |
| Tax Topics - Income Tax Act - 101-110 - Section 106 - Subsection 106(2) | s. 106(2) engaged where income interest renounced in favour of capital beneficiary, but not where extinguishment on death | 174 |
2 November 2004 External T.I. 2004-0063491E5 F - Droit de bénéficiaire et résidence principale
The only two beneficiaries of a discretionary personal trust are the two adult children of the family, except that in the event of the last to...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(25) | an individual who would take in the event of the intestacy of a named beneficiary of a trust is beneficially interested in the trust | 279 |
5 December 2002 Internal T.I. 2002-0171847 F - RESIDENCE D'UNE FIDUCIE
An individual who is a beneficiary of a personal trust rents a residence owned by the trust and ordinarily inhabits the residence. CCRA indicated...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(2.1) | s. 15(2) applies to loan made by a corporation to a personal trust of which its shareholder is a beneficiary | 99 |
Subparagraph (c.1)(iii)
Administrative Policy
19 October 2006 Internal T.I. 2006-0173261I7 F - Avantage conféré par une fiducie
A home or cottage is held by a trust with Mr. X and his family as well as a corporation owned by his spouse, as beneficiaries. If the trust names...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(2) | no s. 105(2) benefit if no trust income, and benefit to beneficiary would generate a s. 104(6) deduction | 95 |
| Tax Topics - Income Tax Act - 101-110 - Section 105 - Subsection 105(1) | tolerance re use of trust personal use property by beneficiary or related person does not extend to unrelated person, but no benefit re payment of interest expense | 379 |
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | no s. 15(1) benefit if trust confers benefit directly on shareholder of a corporate beneficiary | 148 |
Subparagraph (c.1)(iii.1)
Clause (c.1)(iii.1)(B)
Finance
4 September 2019 Comfort Letter - Principal Residence Exemption for Trusts
Beginning after 2016, eligibility for the principal residence exemption was limited to three categories of trusts, including a qualified...
Paragraph (d)
Cases
Haber v. The Queen, 83 DTC 5004, [1982] CTC 405 (FCTD)
The statutory language does not permit an individual to designate 2 housing units as principal residences of the individual for the year.
Paragraph (e)
Cases
Cassidy v. Canada, 2011 FCA 271
The taxpayer sold his six-acre rural property after it was rezoned for residential use as a result of an application made on behalf of owners of...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | 298 |
Administrative Policy
10 June 2016 External T.I. 2015-0590371E5 F - Résidence principale - stationnement
An individual (the "Condo Owner") acquired one or more parking spaces as part of the acquisition of a condo unit (the “Unit,”), which is used...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | designating condo parking space for a year does not exhaust exemption for the condo unit | 162 |
11 October 2012 External T.I. 2012-0433681E5 F - Résidence principale terrain adjacent
Monsieur owns land on which a house is built. This house is ordinarily inhabited by Monsieur and Madame. Madame owns the contiguous land that is...
23 January 2012 External T.I. 2011-0409671E5 F - Propriété superficiaire
Corporation A erected, at its expense and for exclusive use in its transport business, a detached garage on the land on which the principal...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 15 - Subsection 15(1) | benefit if building constructed at corporation’s expense for business purposes becomes shareholder’s property by accession | 154 |
| Tax Topics - Income Tax Regulations - Regulation 1102 - Subsection 1102(1) - Paragraph 1102(1)(c) | individual shareholder not entitled to claim CCA on building constructed by the corporation for use in its business even where taxpayer owns it | 160 |
| Tax Topics - General Concepts - Ownership | whether tenant had Quebec right of superficies to garage erected by it determined whether it was its property | 91 |
| Tax Topics - Income Tax Act - Section 13 - Subsection 13(21) - Depreciable Property | building erected by corporation on shareholder’s land not depreciable property unless shareholder renounces right of accession | 223 |
8 December 2011 External T.I. 2011-0421051E5 - Principal residence - Bed and Breakfast
In providing a brief review on whether operating a bed & breakfast (B&B) on a property would make the principal residence exemption unavailable...
30 September 2011 Internal T.I. 2011-038789
CRA reviewed the state of jurisprudence on paragraph (e) of the principal residence definition, and indicated that a piece of land larger than a...
22 September 2010 External T.I. 2010-0373041E5 F - Résidence principale
The correspondent sold two pieces of land adjacent to the land on which the individual’s principal residence was located to an arm’s length...
23 January 2008 External T.I. 2007-0237251E5 F - Résidence principale - Destruction d'un triplex
A taxpayer owns a triplex that was completely destroyed in a fire. He ordinarily inhabited part of the triplex as his principal residence before...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(2) - Paragraph 40(2)(b) | gain on triplex destroyed by fire then sold should be allocated between the personal use portion and rental portion based on relative building areas, but with years of use being pre-fire | 181 |
22 July 2003 External T.I. 2002-0175715 F - GAIN EN CAPITAL RESIDENCE PRINCIPALE
A taxpayer purchased agricultural lands on which he constructed his principal residence and subsequently inherited an adjacent plot from his...
9 April 2002 Internal T.I. 2001-0112817 F - RESIDENCE PRINCIPALE - VENTE D'UN DUPLEX
Where the owner of a duplex occupied one unit as his principal residence and rented out the other unit, on his sale of the duplex could he treat...
16 August 2001 Internal T.I. 2001-0079317 F - RESIDENCE PRINCIPALE DEMI-HECTARE
The taxpayer acquired a lot on which he constructed a residence and also used in part for business purposes and also acquired an adjoining lot on...
Paragraph (f)
Administrative Policy
5 October 2012 Roundtable, 2012-0453941C6 F - Principal residence owned by a trust-exemption
Could specified beneficiaries renounce their beneficial interest in the trust immediately prior to the sale and thus not be affected by the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 54 - Principal Residence - Paragraph (c.1) | status based on s. 248(25) application and actual habitation | 196 |