Administrative Policy
11 March 2022 External T.I. 2019-0829251E5 - Section 119 and departure tax
On ceasing to be a resident of Canada in February 2011, an individual was deemed, pursuant to s. 128.1(4)(b), to have disposed of preferred shares...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 40 - Subsection 40(3.7) | capital loss on CCPC shares that was denied to non-resident under ss. 40(3.7) and 112(3)(b) effectively gave rise to s. 119 deduction | 202 |
7 October 2016 APFF Roundtable Q. 18, 2016-0652791C6 F - Taxable Canadian property and Part XIII tax
Will CRA provide the s. 119 credit respecting dividends paid on shares which are not taxable Canadian property but which have been deemed to be...
8 July 2015 External T.I. 2011-0430021E5 - Section 119
Mr. X was deemed by s. 128.1(4)(b) to have disposed of shares of Canco, which were taxable Canadian property, when he ceased to be resident in...
Articles
Henry Shew, "Section 119: Flawed Relief from Departure Tax", Canadian Tax Focus, Vol. 6, No. 2, May 2016, p.9
Example of operation to avoid double taxation (p. 9)
[S]ection 119...applies to the withholding tax on dividends subject to the stop-loss rules in...
Jack Bernstein, "Canadian Provision to Prevent Double Taxation of Emigrants Undermined by AMT", Tax Notes International Magazine, Vol. 36, December 13, 2004, p. 943.
Subsection 119(1)
Cases
Israel v. The Queen, 79 DTC 5418, [1979] CTC 468 (FCTD)
An individual's chief source of income is not from farming if all the relevant farming activities are carried out by a corporation controlled by him.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 146 - Subsection 146(8) | 28 | |
| Tax Topics - Income Tax Act - Section 244 - Subsection 244(13) | 42 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Farming | employee not engaged in farming business | 46 |
See Also
John Gunderson v. Minister of National Revenue, 91 DTC 523, [1991] 1 CTC 2616 (TCC)
Given that all of the taxpayer's activities were directed towards his store as his probable chief source of income in the future, his farm was not...
Administrative Policy
27 March 1992 T.I. (Tax Window, No. 18, p. 15, ¶1834)
Where there was no gross income from farming for one or more of the years to be averaged, it would appear that the taxpayer did not satisfy the...