Subsection 110.6(1) - Definitions
Annual Gains Limit
Administrative Policy
86 C.R. - Q.49
The exemption will be available in respect of capital gains allocated by a partnership.
Cumulative Net Investment Loss
Administrative Policy
1990 Answers of Calgary District Office (May 1990 Access Letter, ¶1200, Q. 11)
Where an employee has received an interest-free loan to acquire shares of his employer, his cumulative net investment loss will be increased by...
Eligible Real Property Gain
Administrative Policy
21 June 1993 T.I. (Tax Window, No. 32, p. 8, ¶2600)
Re whether property last acquired by an individual after February 1992 from the individual's spouse will give rise to an eligible real property gain.
Interest in a Family Farm or Fishing Partnership
Administrative Policy
13 July 2016 External T.I. 2013-0478961E5 F - Interest in a family farm or fishing partnership
A farming couple (Mr and Mrs X) held all the interests in a partnership (SENC) holding the farm property, which leased that land to a farming...
Interest in a Family Farm Partnership
Administrative Policy
21 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 23, ¶1098)
A residence located on a farm which is occupied by members of the family partnership who operate the farm is property used in a farming business...
Investment Expense
Administrative Policy
3 July 1991 T.I. (Tax Window, No. 5, p. 21, ¶1336)
The taxable benefit from an interest-free loan which is deemed to be interest under s. 80.5 and to be deductible under s. 20(1)(c) is properly...
13 March 1991 T.I. (Tax Window, No. 1, p. 17, ¶1142)
Where a partner uses borrowed money to acquire an interest in a partnership that has income from an active business and from property, the...
28 May 1990 T.I. (October 1990 Access Letter, ¶1446)
A loss from a rental operation carried on without a reasonable expectation of profit is not an investment expense.
89 C.P.T.J. - Q8
A taxpayer with working interest CEE and also flow-through share CEE should set up notional CCEE pools to assist in the CNIL calculation. The...
Investment Income
Administrative Policy
13 January 1993 T.I. 923208 (November 1993 Access Letter, p. 505; Tax Window, No. 28, p. 15, ¶2382)
A guarantee fee ordinarily will be considered to be business income rather than investment income.
Non-Qualifying Real Property
Administrative Policy
22 July 1994 External T.I. 5-940136
None of the exclusions in s.(a)(iii)(C) to (G) is available where the real property is used in a business carried on by another partnership.
Where...
12 January 1993 T.I. 923151 (November 1993 Access Letter, p. 503, ¶C109-154)
The use of the word "principally" requires that the property as a whole be considered rather than a percentage or a portion of the property....
8 January 1993 T.I. 922776 (November 1993 Access Letter, p. 503, ¶C109-155; Tax Window, No. 28, p. 5, ¶2367)
Real property owned equally by two unrelated individuals that is leased by them to a corporation owned equally by them to be used by it in...
Articles
Hirsch, "Capital Gains Exemption in Real Property", 1992 Conference Report, c.11.
Qualified Farm or Fishing Property
See Also
Otteson v. The Queen, 2014 DTC 1173 [at 3637], 2014 TCC 250
The taxpayers, spouses, bought a farm in 2003 to start a tree farming business. Following the discovery of gravel deposits, and before the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 96 | no presumption that spouses are not business partners | 182 |
Administrative Policy
11 June 2015 External T.I. 2014-0522641E5 F - Usufruct
A father, who has carried on a farming business for a number of years, grants the bare ownership of the property for consideration to his son...
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|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 108 - Subsection 108(7) | creation of usufruct between father and son, resulting in deemed trust, did not entail property transfer to the deemed trust | 306 |
| Tax Topics - Income Tax Act - Section 73 - Subsection 73(3) | creation of usufruct between father and son entails transfer of trust interest, not farm property | 180 |
28 January 2014 External T.I. 2014-0517601E5 - Qualified farm Property
Father acquired land which he actively farmed for a number of years, and then rented the land to his son. On father's death the taxpayer and the...
16 March 1998 External T.I. 5-963813
With respect to a 300-acre property, 50 acres of which were used for agricultural purposes and the balance, because of the steep terrain, lack of...
27 December 1995 T.I. 953277 [grazing leases]
Grazing leases (which qualify as real property, i.e., leasehold interests) may qualify as qualified farm property.
1994 Institute of Chartered Accountants of Alberta Roundtable Q. 20, 7-940973
Taxable capital gains (including taxable capital gains arising from the transfer of qualified farm property to a corporation in order to utilize...
5 April 1994 External T.I. 5-933648
In response to an inquiry as to whether a personally owned property of a deceased spouse which was used in a farming operation but is not used by...
12 May 1994 T.I. 940692
For purposes of the gross revenue test in paragraph (vi)(A) of the definition of "qualified farm property", gross revenue from farming would not...
23 June 1993 T.I. (Tax Window, No. 32, p. 14, ¶2609)
Real property rented by an individual to a corporation would be considered to be used by the corporation for the purposes of the definition of...
11 February 1993 T.I. (Tax Window, No. 29, p. 18, ¶2423)
The two-year gross revenue test in the definition may be applied to any one of the persons described in ss. (a)(i) to (iii) without that person...
7 December 1992 T.I. (Tax Window, No. 27, p. 18, ¶2325)
Property that is held by a spousal trust and used by a nephew of the deceased in the business of farming will not qualify because a spousal trust...
92 C.R. - Q.52
The fact that a farm property has been subject to the "restrictive farm loss" provisions of section 31 does not preclude it from qualifying as a...
30 July 1992 T.I. 921204 (January - February 1993 Access Letter, p. 26, ¶C109-125)
Comprehensive discussion of the meaning of the phrase "qualified farm property".
9 October 1990 T.I. (Tax Window, Prelim. No. 1, p. 17, ¶1035)
GAAR will not apply to a transfer of farmland by an individual to his child pursuant to s. 73(3) following shortly thereafter by a sale by the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 38 |
7 October 1991 T.I. (Tax Window, No. 10, p. 13, ¶1508)
A farming business and a relatively large-scale brokerage business for vegetables not grown by the corporation are separate businesses.
Discussion...
19 June 1990 T.I. (November 1990 Access Letter, ¶1526)
Where a full-time farmer commenced another occupation but retained the farmland and continued to live in the farmhouse, the land would still meet...
28 May 1990 T.I. (October 1990 Access Letter, ¶1472)
General discussion.
8 September 89 T.I. (February 1990 Access Letter, ¶1116)
Farm land used in an operation subject to the loss limitation in s. 31 will be regarded as used in a farming business.
Qualified Small Business Corporation Share
Cases
Hudon v. Canada, 2001 DTC 5630, 2001 FCA 320
In the years in question a corporation ("Hall River") which owned forest concessions and rights to develop the hydro electric potential of a river...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Business | 95 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | 129 |
See Also
Durocher v. The Queen, 2016 DTC 1013 [at 2584], 2015 TCC 297, aff'd 2016 CFA 299
A financial institution, which was controlled by a non-resident, acquired an option to subscribe at a future date for the majority of the equity...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation | potential illegality of an option to acquire control of a private corporation did not nullify the option, so that the corporation was not a CCPC | 447 |
| Tax Topics - General Concepts - Illegality | potential illegality of an option to acquire control of a private corporation did not nullify the option, so that the corporation was not a CCPC | 171 |
Pellerin v. The Queen, 2015 CCI 130
The taxpayer (Mika), who was born on March 8, 2007, received a distribution of shares qua beneficiary of a Quebec family trust (and personal...
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|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(14) - Paragraph 110.6(14)(b) | fetus retroactively deemed to be beneficiary on birth | 69 |
Twomey v. The Queen, 2012 DTC 1255 [at 3739], 2012 TCC 310
In 2005, the taxpayer sold 78 of his 100 common shares of an Ontario corporation ("115") to the other shareholder ("D.K."), and claimed the...
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|---|---|---|
| Tax Topics - General Concepts - Effective Date | subsequent share issuance to give effect to shareholders' intent "gave effect to the true facts" | 282 |
Administrative Policy
7 October 2016 APFF Roundtable Q. 9, 2016-0652921C6 F - Résidence - actif utilisé / Residence - asset used
Mr. A holds all the shares of Corporation A, which carries on a farming business operated by Mr. A (but not as employee). Corporation A holds the...
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|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Share of the Capital Stock of a Family Farm or Fishing Corporation | primary employee use qualifies farm house | 69 |
7 October 2016 APFF Roundtable Q. 11, 2016-0652941C6 F - Contrat de location / Capital lease
Although CRA considers it to be irrelevant whether, under GAAP, a lease is capitalized by a lessee as a capital lease, it considered that the...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | FMV of rights under a lease must be included | 144 |
17 July 2013 External T.I. 2012-0473261E5 F - Actif d'impôts futurs / Future income tax assets
Is a future income tax asset an asset that is used principally in an active business carried on in Canada for purposes of the "qualified small...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | future income tax asset v. tax receivable | 183 |
11 October 2013 APFF Roundtable, 2013-0495631C6 F - Actions admissibles de petites entreprises
Mr. X holds all the common shares of Holdco, whose only asset is shares of Opco with a fmv of $1M. Opco's has $1.5M of cash, $3.5M of active...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | meaning of "substantially" | 48 |
7 October 2013 External T.I. 2013-0500941E5 F - Actif utilisé dans une entreprise active
A corporation carrying on an active business has a 9.9% interest in a limited partnership (an SENC), whose sole property is a rental builiding...
10 May 2013 External T.I. 2012-0449651E5 F - SENC - revenu d'entreprise exploitée activement
Holdco holds (as its only assets) a 99% limited partner interest in a limited partnership (LP), and the general partner (Quebec Inc.) holds a 1%...
2003 APFF Roundtable Q. 7, 2003-0030045
In order that the vendors of a corporation may receive repayment of amounts owing to them, one day before the sale of their shares the purchaser...
7 March 2002 External T.I. 2001-009178
in finding that cash accumulated to pay annual bonuses to the shareholder-managers was used in the corporation's active business and generated...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 125 - Subsection 125(7) - Income of the Corporation for the Year From an Active Business | 384 |
4 July 1997 Technical Interpretation 5-9636
A residual interest (as defined in s. 98.1) is an asset used principally in an active business carried on primarily in Canada by the partner if...
9 September 1996 External T.I. 5-961998
Where the only significant asset of a corporation was a large development property in the planning stages of development, RC questions whether the...
13 October 1994 External T.I. 5-941675
"Where ... a corporation has significant short term cash reserves as a result of receiving insurance proceeds and the corporation immediately uses...
21 October 1994 External T.I. 5-942219
"A seasonal temporary closure of operations of a business done on a recurring basis, does imply that an active business has, notwithstanding such...
12 April 1994 T.I. (C.T.O. "Active Assets")
Whether an investment in shares qualifies as an asset used principally in an active business turns on whether such asset is used principally in...
12 April 1994 External T.I. 5-940236
List of seven factual guidelines that may be applied to determine whether cash held by a corporation is used in its active business.
28 June 1994 External T.I. 5-933061
Where the fair market value of the assets of a corporation ("Parentco 1") comprise active business assets (40%), shares of one subsidiary (12%),...
5 May 1994 T.I. 933027
Where two unrelated corporations each have a 1/2 undivided interest in a building and each use 1/2 of the building as their business premises,...
14 February 1994 External T.I. 5-933040
The position in IT-268R3, that a residence owned by a corporation will be regarded as used in the business of farming if more than 50% of its use...
9 August 1994 T.I. 9333125
The respective corporations of a husband and wife together hold 100% and 40%, respectively, of Opco 1 and Opco 2 "through" a general partnership...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 251 - Subsection 251(2) - Paragraph 251(2)(c) - Subparagraph 251(2)(c)(i) | 164 |
1994 A.P.F.F. Round Table, Q. 35
Favourable analysis of a purification transaction in which a subsidiary whose shares represent 30% of the fair market value of the assets of a...
93 C.R. - Q. 58
RC considers that a corporate limited partner uses its proportionate share of each asset of the limited partnership for purposes of the definition...
9 February 1993 T.I. (Tax Window, No. 29, p. 3 ¶2436)
Unless a corporation's business includes the lending of money, a loan receivable from the son of a controlling shareholder will not qualify as an...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | 101 |
13 January 1993 T.I. 923260 (November 1993 Access Letter, p. 504, ¶C109-156)
Where a corporation owned by an individual ("Holdco") sold its shares of Opco to Newco, a newly-incorporated corporation owned by the same...
2 December 1992 T.I. (Tax Window, No. 27, p. 22. ¶2320)
Refundable deposits paid under the Pits and Quarries Control Act are assets used in the active business of a pit operator.
7 December 1992 T.I. (Tax Window, No. 27, p. 18, ¶2326)
Where a private corporation goes public and a shareholder receives shares of the public corporation under the rollover in s. 86, the status of...
92 C.R. - Q.54
Prepaid expenses relating to an active business of the corporation could be considered as an asset used principally in an active business provided...
92 C.R. - Q.24
Transactions whereby a stock dividend is issued to the sole shareholder of a corporation who transfers the stock dividend shares to Newco,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 50 |
28 July 1992 T.I. (Tax Window, No. 21, p. 7, ¶2054)
Where an individual controls a corporation (Holdco) which in turn controls another corporation (Opco), indebtedness of Holdco owing to Opco will...
29 July 1992 External T.I. 5-921123
Discussion of the application of the requirement for ownership for 24 months by none other than the individual or a person or partnership related...
25 August 1992 External T.I. 5-920191
Re whether cash and term deposits qualify as assets used primarily in an active business.
23 June 1992 T.I. (April 1993 Access Letter, p. 146, ¶C109-128)
Paragraph (d) of the definition can have no application where there are only two corporations and one of the corporations (Holdco) has, as its...
1992 A.P.F.F. Annual Conference, Q. 9 (January - February 1993 Access Letter, p. 53)
Where Opco pays a dividend in kind with the appropriate amount to two Holdcos, each owing 50% of its shares, who then, by mutual agreement,...
10 January 1992 Memorandum (Tax Window, No. 17, p. 13, ¶1773)
A building only 40% of which is used in an active business is not an asset used principally in an active business.
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(8) | 93 |
25 March 1992 T.I. (Tax Window, No. 18, p. 14, ¶1828)
Amounts put in trust by clients of a funeral home corporation are not assets of the corporation for purposes of determining whether it is a small...
19 March 1992 T.I. (Tax Window, No. 18, p. 5, ¶1823)
Where an individual acquires shares from her husband before their divorce (at which time their shares have been held by him for more than 24...
11 February 1992 T.I. (Tax Window, No. 16, p. 18, ¶1743)
The rental of a fishing licence would not necessarily preclude that asset from being considered to be used in an active business.
91 C.R. - Q.13
Re meaning of "primarily".
91 C.R. - Q.14
Where the sole asset of a Canadian-controlled private corporation is a 50% interest in a partnership 60% of whose assets are used in an active...
24 January 1992 T.I. (Tax Window, No. 12, p. 11, ¶1575)
Four numerical examples illustrating the application of the "all or substantially all" test in paragraph (d).
7 and 29 October 1991 T.I. (Tax Window, No. 10, p. 1, ¶1504)
In order for a loan owing to a corporation to be a qualifying asset for purposes of s.(c)(ii) it must be issued by a subsidiary rather than a...
16 September 1991 TI (Tax Window, No. 9, p. 9, ¶1451)
The extended meaning of "control" in s. 186(2) may also apply in determining whether corporations are connected for purposes of the definition of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Effective Date | 34 | |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | 25 |
4 June 1991 Memorandum (Tax Window, No. 4, p. 22, ¶1276)
A shelf company will be treated as newly-incorporated at the time it is transferred by the lawyer to the taxpayer, provided that prior to the...
15 May 1991 T.I. (Tax Window, No. 6, p. 2, ¶1357)
Where the shares of Parentco are owned by related persons, its subsidiary will be deemed for purposes of Part IV and the definition of a qualified...
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|---|---|---|
| Tax Topics - Income Tax Act - Section 186 - Subsection 186(2) | 35 |
24 April 1991 T.I. (Tax Window, No. 2, p. 12, ¶1211)
A corporation which meets the other tests will be a qualified small business corporation if 51% of its directly held assets are active business...
12 April 1991 T.I. (Tax Window, No. 2, p. 5, ¶1187)
Mortgages held by a developer which were the consideration for sales of its land inventory would not qualify as being used in an active business...
24 January 1991 T.I. (Tax Window, Prelim. No. 3, p. 7, ¶1106)
Discussion of the loss of the exemption as a result of the transfer of shares to a holding company controlled by unrelated individuals.
23 October 1990 T.I. (Tax Window, Prelim. No. 1, p. 21, ¶1026)
The business of a corporation may be considered to have commenced when essential preliminaries to the carrying on of that business in an active...
1 October 1990 T.I. (Tax Window, Prelim. No. 1, p. 15, ¶1034)
Where the sole asset of a corporation was land leased by it to its sole individual shareholder for use in his active business, such use will not...
90 C.R. - Q18
Where land is acquired and a building is constructed for use in an active business which will be expanding or relocating to the new facility, and...
19 March 1990 T.I. (August 1990 Access Letter, ¶1378)
Where a franchisee corporation has a substantial investment in special shares and notes of the franchisor, such shares and notes would be...
8 March 1990 T.I. (August 1990 Access Letter, ¶1379)
Property is used in an active business if it is used principally with respect to that business and put to risk in the venture. However, engaging...
8 March 1990 T.I. (August 1990 Access Letter, ¶1379)
A corporation doing business in the real estate development field and which holds some parcels of inventory which have not yet been developed will...
2 March 1990 T.I. (August 1990 Access Letter, ¶1376)
If within 24 months of the determination time, the corporation in question had transferred 60% of its active business assets to a wholly-owned...
27 February 1990 T.I. (July 1990 Access Letter, ¶1326)
A stock split which does not increase the appropriate stated capital account is not considered to result in new shares being issued for purposes...
26 February 1990 T.I. (July 1990 Access Letter, ¶1327)
Shares of a public corporation which supplies products to the CCPC in question ("Opco") will qualify as assets used in the active business of Opco...
20 February 1990 T.I. (July 1990 Access Letter, ¶1325)
Where Holdco has an intercompany receivable owing to it from its wholly-owned subsidiary, Opco, and such intercompany receivable represents more...
19 February 1990 T.I. (July 1990 Access Letter, ¶1325)
Where XYZ holds all the shares of A, more than 50% of the assets of A consists of advances to XYZ, the balance of such assets being used in an...
18 January 1990 T.I. (June 1990 Access Letter, ¶1273)
A corporation which holds real estate inventory which had been acquired to be resold, although no sale had occurred over the past five years, is...
13 December 1989 T.I. (May 1990 Access Letter, ¶1227)
The expanded concept of control set out in s. 186(2) applies for purposes of the connected corporation test contained in the definition of...
15 November 89 T.I. (April 90 Access Letter, ¶1179)
The 24-month test will not be met where the taxpayer acquired the shares from her husband less than 24 months before the determination time, and...
19 September 89 T.I. (February 1990 Access Letter, ¶1119)
Where Holdco holds a loan receivable from a related corporation which is not connected ("Opco"), the loan receivable will not be an asset used in...
89 C.R. - Q.11
RC is presently reviewing whether its position in IT-486R, that an asset is used in a business if more than 50% of its use is in respect of that...
October 1989 Revenue Canada Round Table - Q.12 (Jan. 90 Access Letter, ¶1075)
Proceeds of an insurance policy can taint a corporation even where the proceeds were distributed shortly after their reception by the corporation....
88 C.R. - "Small Business Corporation Shares" - "Background"
The exception in paragraph (d) is designed to preclude circumvention of the 50 percent test by stacking of holding companies."
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share | 19 |
88 C.R. - F.Q.33
The receipt of life insurance proceeds by a corporation upon the death of a shareholder can breach the 50% test even if the proceeds are paid out...
88 C.R. - "Small Business Corporation Shares" - "Background"
The exception in paragraph (d) is designed to preclude circumvention of the 50 percent test by stacking of holding companies."
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share | 19 |
88 C.R. - F.Q. 35
The fair market value of an asset is determined without regard to a mortgage debt on the asset.
Articles
Mallin, "Organizing and Reorganizing to Ensure 'Qualified Small Business Corporation Share' Status", 1990 Canadian Tax Journal, pp. 745, 1026.
Truster, "The Capital Gains Exemption", 1989 Conference Report, c. 12.
Share of the Capital Stock of a Family Farm or Fishing Corporation
Administrative Policy
7 October 2016 APFF Roundtable Q. 9, 2016-0652921C6 F - Résidence - actif utilisé / Residence - asset used
CRA will accept that a farm house is an active business asset for purposes of the definitions of “qualified small business corporation share,”...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share | farm house must be more than 50% used by farm employees to qualify | 222 |
30 June 2016 External T.I. 2015-0583561E5 F - Déduction pour gain en capital - contamination
Under the AgriInvest program (and a similar Quebec program), if a farmer contributes up to 1% of his allowable net sales (or $15,000, if less) to...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1.1) | AgriInvest accounts do not affect qualification of family farm or fishing corporations | 107 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Net Income Stabilization Account | Agri-Québec and AgriInvest accounts included | 96 |
24 December 2012 External T.I. 2012-0457881E5 - Share of a capital stock of a family farm
After stating that the comments in 2000-0011595 were still valid, CRA quoted with approval the statemnt therein that:
property that is owned by...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 70 - Subsection 70(10) - Share of the Capital Stock of a Family Farm Corporation | 70 |
24 August 1995 External T.I. 5-951846
"As regards the 24-month period [in para. (a)], it does not have to be the 24-month period immediately prior to the determination time. However,...
92 C.R. - Q.53
If throughout an 8-year period that a corporation owns a particular piece of land, the corporation is carrying on a farming business in which one...
1 October 1991 T.I. (Tax Window, No. 10, p. 13, ¶1491)
To be actively engaged the individuals' contributions of time and attention to the business would be determinant in its successful operation.
19 February 1990 T.I. (July 1990 Access Letter, ¶1328)
Where a farm house owned by the corporation accommodates only individuals who are actively engaged in the farming business and their family...
Articles
Henry Shew, Jody Wong, "Multi-Level Farming Structures and the Capital Gains Exemption", Canadian Tax Focus, Vol. 6, No. 3, August 2016, p. 10
Loss of deduction for qualified farm or fishing property (“QFFP”) where shareholding in unrelated Farmco is held through Holdco (p. 11)
[T]he...
Subsection 110.6(1.1)
Administrative Policy
30 June 2016 External T.I. 2015-0583561E5 F - Déduction pour gain en capital - contamination
Do accounts established under the AgriInvest and Agri-Québec programs affect the calculation of percentages for purposes of the capital gains...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Share of the Capital Stock of a Family Farm or Fishing Corporation | AgriInvest accounts do not taint family farm or fishing corporations | 115 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Net Income Stabilization Account | Agri-Québec and AgriInvest accounts included | 96 |
Subsection 110.6(1.3) - Property used in a farming business
Administrative Policy
9 June 2015 External T.I. 2014-0554381E5 F - Copropriété par indivision - partage de biens
Mr A held land used by him in farming in co-ownership with his brother. Following a partition and cessation of farming, Mr A became the sole...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(20) | retention of original acquisition date under s. 248(20)(b) | 143 |
Paragraph 110.6(1.3)(a)
Subparagraph 110.6(1.3)(a)(i)
Administrative Policy
7 October 2016 APFF Roundtable Q. 10, 2016-0652931C6 F - Bien agricole admissible-saisine par succession
Does CRA consider that the test in s. 110.6(1.3) for holding by ascendants or descendants is satisfied when a child acquires the property from the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - General Concepts - Ownership | estate owns its property | 111 |
Paragraph 110.6(1.3)(b)
Administrative Policy
2 October 2015 External T.I. 2012-0463801E5 F - Déduction pour gain en capital – permis de pêche
Respecting a requested as to whether a corporation, to be a corporation referred to in subparagraph (a)(iv) of the definition of qualified farm or...
Subsection 110.6(2) - Capital gains deduction — qualified farm property
Cases
Fournie v. Cromarty, 2012 DTC 5011 [at 6563], 2011 ONSC 6587
The deceased owned three farm properties. He bequeathed one to the applicants but specified that "capital gains taxes and probate fees, if any,...
Administrative Policy
3 February 2015 External T.I. 2015-0567231E5 - Qualified farm or fishing property
The taxpayer inherited land from her husband that that had been farmed by him and their son, but neither she nor her son continued the farming...
7 January 2013 External T.I. 2012-0460791E5 - Qualified Farm Property & Oil Reserves
In response to a question "as to whether a taxpayer whose farm property meets the definition as a "qualified farm property" ("QFP") within the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 66 - Subsection 66(15) - Canadian Resource Property | 215 |
24 June 1992 External T.I. 5-920895
Where a father transfers farm property to his children under s. 73(3) and the children immediately thereafter dispose of the farm property to a...
6 September 89 T.I. (February 1990 Access Letter, ¶1117)
Where a farmer transfers his farm to his adult children pursuant to ss.73(3)(a) and (b) and immediately thereafter the children sell the farm...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 9 - Capital Gain vs. Profit - Real Estate | 46 |
29 Aug. 89 T.I. (Jan. 90 Access Letter, ¶1085)
GAAR would not apply to a transaction whereby an individual transferred his qualified farm property to a wholly-owned subsidiary in consideration...
Subsection 110.6(2.1) - Capital gains deduction — qualified small business corporation shares
Administrative Policy
4 June 2012 External T.I. 2012-0439271E5 - QSBCS deduction by the beneficiary
Where an inter vivos personal trust has itself satisfied the 24-month holding test in para. (b) of the qualified small business corporation shares...
24 March 1994 T.I. 933164 (C.T.O. "Qualified Small Business Corporation Shares")
The capital gains exemption limits are calculated at the partner rather than the partnership level, given that a partnership is not a person for...
11 January 1993 T.I. (Tax Window, No. 27, p. 14, ¶2358)
A capital gain realized on a cash distribution of paid-up capital on preferred shares that constitute qualified small business corporation shares...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 54 |
18 Aug. 89 T.I. (Jan. 90 Access Letter, ¶1082)
Mr. A, who owned 100% of the common shares of Opco, transfers 1/2 of those shares to Opco in exchange for preferred shares of Opco having a fair...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 84 - Subsection 84(5) | 87 | |
| Tax Topics - Income Tax Act - Section 84.1 - Subsection 84.1(1) | 43 |
88 C.R. - F.Q.38
S.110.6(2.1) will apply to the realization of a $100,000 capital gain from the disposition of a qualified small business corporation share, and...
Subsection 110.6(3)
Administrative Policy
11 September 1992 T.I. (Tax Window, No. 23, p. 18, ¶2176)
A person who is deemed to be resident in Canada by virtue of the sojourning rule in s. 250(1)(a) is eligible for the capital gains deduction...
2 February 1990 T.I. (July 1990 Access Letter, ¶1329)
It is RC's position that an individual's taxation year ends on the date of his death. Accordingly, his death part way through the year is not...
Articles
Dunbar, "Forward Participation Share May Produce Tax-Exempt Gain With Minimal Downside Risk for Executive", Taxation of Executive Compensation and Retirement, February 1990
Issuance, at a nominal cash subscription price, of shares which only participate to the extent that the common shares increase in value, may...
Singer, "Revenue Canada Accepts Arrangements Designed to Make Capital Gains Exemption Available Under Employee Stock Purchase Plan", Taxation of Executive Compensation and Retirement, December 1989/January 1990
RC has indicated that it would not apply GAAR where Holdco, rather than Opco, undertakes to buy back shares issued to employees in stipulated...
Subsection 110.6(6) - Failure to report capital gain
See Also
Adams v. The Queen, 96 DTC 1737 (TCC)
A finding in previous tax evasion proceedings brought against the taxpayer that the taxpayer's gains from the disposition of real estate (and...
Administrative Policy
93 C.R. - Q. 54
The fact that a taxpayer did not report a capital gain where he had reasonable grounds to believe that the disposition of the asset did not result...
June 1990 Meeting of Alberta Institute of Chartered Accountants (November 1990 Access Letter, ¶1499, Q. 8)
A taxpayer will be allowed the capital gains deduction on all adjustments to include a capital gain previously not reported by him, unless the...
Subsection 110.6(7) - Deduction not permitted
Administrative Policy
3 June 2014 External T.I. 2013-0503511E5 F - Discretionary Dividend Shares
Mr. X effects an estate freeze under which a portion of his Class A-1 shares of Opco (a small business corporation), being all the outstanding...
24 October 2012 Internal T.I. 2012-0456711I7 F - Inadmissibilité à la déduction pour GC
Contains a general discussion of the series of transactions doctrine in the context of a proposes asessment under s. 110.6(7)(b). CRA notes that...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 152 - Subsection 152(4.2) | no retroactive adjustment of capital gains exemption | 113 |
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(10) | 45 |
9 March 1995 External T.I. 5-943025
Where two shareholders of a CCPC decided, in December 1993, to undertake a butterfly reorganization (which actually was undertaken in August 1994)...
14 December 1992 Memorandum (Tax Window, No. 30, p. 4, ¶2488)
S.110.6(7)(b) will not apply to a transaction or a series of transactions intended to make shares of a company qualify as qualified small business...
10 January 1992 CGA Roundtable, Q. 19, 7-912224
Where, in order to accommodate the sale by the other shareholder (Mr. A) of his shares of the corporation, Mr. B agrees that following the...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) | 70 | |
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(a) | FMV of debt rather than amount owing | 55 |
| Tax Topics - Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(c) | contribution of capital on conversion of debt to lower FMV shares | 198 |
90 C.R. - Q19
Where one shareholder sells his shares of a corporation which has butterflied out a portion of its property to the other shareholder, whether the...
89 C.R. - Read Paper (C.18)
s. 110.6(7)(a) "is quite broad and is not restricted to obvious cases ..."
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 69 - Subsection 69(11) | 47 |
Articles
McKnight, "Hidden Problems in Selling Employee Ownership", Canadian Current Tax, October 1994, p. 7
Discussion of the use of market makers for the purchase of employee shares in private companies.
Subsection 110.6(8) - Deduction not permitted
Administrative Policy
8 March 1994 T.I. 932927 (C.T.O. "Capital Gains Exemption")
The determination of what is a significant part of a capital gain in many cases can be ascertained by reference to the proportion or percentage of...
17 November 1992 T.I. 903665 (September 1993 Access Letter, p. 417, ¶C109-143)
Where an individual transfers non-prescribed shares that have an ACB of nil and a fair market value of $200,000, $35,000 of which is attributable...
92 C.R. - Q.56
RC has no mechanical guidelines as to what constitutes "a significant part of the capital gain", but it is prepared to give advance rulings.
1992 A.P.F.F. Annual Conference, Q. 8 (January - February 1993 Access Letter, p. 53)
Where a corporation has issued voting participating shares that are not prescribed shares because of the conversion privilege, the average annual...
1992 A.P.P.F. Annual Conference, Q. 7 (January - February 1993 Access Letter, p. 52)
Where shares issued prior to May 23, 1985 on an s. 85 rollover have a paid-up capital equal to the market value of the transferred property, a...
24 February 1992 T.I. (Tax Window, No. 17, p. 4, ¶1762)
The gain on a disposition of common shares of a corporation could be tainted by the non-payment of dividends on preferred shares of that...
10 January 1992 Memorandum (Tax Window, No. 17, p. 13, ¶1773)
Where an individual holds all the common shares and preferred shares of B Ltd., and there is an accrued gain of $400,000 on the common shares,...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share | 21 |
30 November 1991 Round Table (4M0462), Q. 11.3 - Scope of Subsection: 110.6(8) of the I.T.A. (C.T.O. September 1994)
The test in s. 110.6(8) is based on the total gain rather than on the portion thereof that is exempt. In a situation where the unpaid dividends on...
10 and 11 July 1991 T.I. (Tax Window, No. 6, p. 11, ¶1347)
Where no dividends are paid on preferred shares while they are outstanding and on their redemption, it is a question of fact whether a significant...
24 June 1991 T.I. (Tax Window, No. 4, p. 2, ¶1313)
Where, in order to satisfy the 24-month asset test, it is agreed between the vendor of shares and the purchaser that the vendor's common shares...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 245 - Subsection 245(4) | 51 |
15 February 1991 T.I. (Tax Window, Prelim. No. 3, p. 24, ¶1120)
A reasonable and prudent investor should normally expect to receive dividends on preferred shares relating to the issue price paid therefor....
20 March 1990 T.I. (August 1990 Access Letter, ¶1380)
$200,000 of the accrued gain of $1 million on shares (having a nominal ACB) of Opco, whose sole shareholder is Mr. A, is attributable to the fact...
21 February 1990 T.I. (July 1990 Access Letter, ¶1330)
The provisions of s. 110.6(8) should not apply to preferred shares with a paid-up capital and redemption amount equal to the fair market value of...
31 January 1990 T.I. (June 1990 Access Letter, ¶1269)
Where 90% of the common shares of Opco owned by Father were exchanged for redeemable preference shares under an s. 86 reorganization, insufficient...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 6205 - Subsection 6205(2) | 55 |
87 C.R. - Q.60
RC will not rule on the factual question of whether a gain is attributable to a low dividend rate.
Articles
Brender, "The De Minimis Dividend Test Under Subsection 110.6(8)", 1993 Canadian Tax Journal, Vol. 41, No. 4, p. 808.
Subsection 110.6(9) - Average annual rate of return
Administrative Policy
11 October 2013 APFF Roundtable, 2013-0495641C6 F - Taux de rendement annuel moyen
X and Y, who deal with each other at arm's length, each effect an estate freeze, by exchanging their 100 common shares of Opco (i.e., 50 shares...
18 May 1994 External T.I. 5-940741
In response to a question as to whether the "average annual rate of return" is calculated based on the original issue price of shares, RC stated...
14 June 1990 T.I. (November 1990 Access Letter, ¶1528)
Where in 1982 prior to the introduction of Part II tax, the shareholders of Opco transferred each common share of Opco to Holdco in consideration...
7 June 1990 Memorandum (November 1990 Access Letter, ¶1529)
If upon the issuance of the shares in question it was understood that the profits of the corporation would be reinvested, the expected rate of...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Regulations - Regulation 6205 - Subsection 6205(1) | 28 |
Subsection 110.6(14) - Related persons, etc.
Paragraph 110.6(14)(a)
Administrative Policy
2 May 2013 External T.I. 2013-0481361E5 F - Ordre de disposition d'actions AAPE
The 300 outstanding shares of Corporation A are held by three unrelated individuals (A, B and C) as to 100 each. After the death of C, A and B...
19 September 1990 T.I. (Tax Window, Prelim. No. 1, p. 14, ¶1031)
Where on an amalgamation of A Co. and B Co., the shareholder receives 100 shares of Amalco of which 90 were in exchange for his A Co. shares and...
Paragraph 110.6(14)(b)
See Also
Pellerin v. The Queen, 2015 CCI 130
At approximately 18 months of age, Mika Pellerin received a distribution under s. 107(2) of small business corporation shares from the family...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - 101-110 - Section 110.6 - Subsection 110.6(1) - Qualified Small Business Corporation Share | relatedness under the 24-month test is tested only at the determination time | 391 |
Chartier and Nadeau v. The Queen, 2008 DTC 4627, 2007 TCC 37
On the same day that the owners of non-voting shares agreed to sell those shares and 49% of the voting shares of a corporation to a non-resident...
Administrative Policy
13 January 2012 Internal T.I. 2011-0428371I7 - Paragraph 110.6(14)(b)
certain share put/cal rights contained in a unanimous shareholders agreement would not be considered to be rights "under" a purchase and sale...
88 C.R. - F.Q.39
Routine example.
Paragraph 110.6(14)(c)
Administrative Policy
May 1991 Question and Answer for a Conference (Tax Window, No. 3, p. 17, ¶1223)
Where an individual who owns shares of a corporation bequeathed those shares to his son who in turn sold the shares to his wife, the son's wife...
Paragraph 110.6(14)(e)
Administrative Policy
22 March 1991 T.I. (Tax Window, No. 2, p. 22, ¶1220)
S.110.6(14)(e) extends the definition of "related persons" for purposes of the enhanced capital gains exemption.
Paragraph 110.6(14)(f)
Administrative Policy
3 March 2014 External T.I. 2014-0519071E5 F - Période de détention de 24 mois pour AAPE
X and Y have been the partners for more than 24 months in "SENC, which for over 24 months has held all the shares of a Canadian-controlled...
21 November 2011 External T.I. 2011-0424331E5 - ITA 110.6(14)(f)
respecting the situation where an unincorporated business operating under a lease of the land and building from a related corporation transfers...
92 C.R. - Q.55
A spousal trust will be deemed to be related to the deceased spouse for purposes of the requirement that, at the time of disposition of shares by...
90 C.R. - Q17
The fact that Newco was incorporated and received $1 on the issuance of one common shares five months prior to the incorporation of the...
1 May 1990 T.I. (October 1990 Access Letter, ¶1473)
In the situation where a limited partnership wishes to roll the partnership assets into a corporation, if the activity of the general party...
88 C.R. - "Small Business Corporation Shares" - "Deemed Ownership of Shares by an Unrelated Person Prior to Issuance"
Where, following an offer for all of the assets of a proprietorship except a building representing 1/2 of the fair market value of the assets, the...
88 C.R. - F.Q.37
If property which is owned by the sole shareholder of a corporation but is used by the corporation in its business is transferred to the...
Subsection 110.6(15) - Value of assets of corporations
Administrative Policy
1993 A.P.F.F. Round Table, Q.13
The insolvency of a corporation or a dispute regarding the payment of life insurance proceeds could be a valid reason for extending the 24-month...
Paragraph 110.6(15)(a)
Administrative Policy
7 October 2016 APFF Financial Strategies and Financial Instruments Roundtable Q. 9, 2016-0651801C6 F - Assurance-vie à assurés multiples-110.6(15)
A corporation is the owner of (and pays the premiums on) a policy providing for payment of the benefit on the death of the survivor of Mr X (its...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 248 - Subsection 248(1) - Small Business Corporation | corporate-owned policy valued for SBC or QSBCS purposes at the cash surrender value even if non-shareholder lives are included | 95 |
Subsection 110.6(19) - Election for property owned on February 22, 1994
See Also
Sicurella v. The Queen, 2013 DTC 1124 [at 662], 2013 TCC 79 (Informal Procedure)
The taxpayer filed an election under s. 110.6(19) in respect of a seven-unit rental building on the basis that its adjusted cost base was $131,250...
Bullard Estate v. The Queen, 2004 DTC 2717, 2004 TCC 249
After agreeing with counsel for both parties that under s. 32 of the Interpretation Act (Canada) "defects in form are acceptable but defects in...
| Locations of other summaries | Wordcount | |
|---|---|---|
| Tax Topics - Income Tax Act - Section 45 - Subsection 45(2) | 100 |
Administrative Policy
5 January 1996 Internal T.I. 7-952595
A price adjustment clause cannot be used in conjunction with an s. 110.6(19) election.
16 February 1995 Mississauga Breakfast Seminar, Q. 2, (C.T.O. "Capital Gains Election", Fax Service Doc. No. 503120)
Discussion of utilization of election in a situation where the housing unit is situate on land whose area exceeds the 1/2 hectare principal...
16 February 1995 Mississauga Breakfast Seminar, Q. 1, (C.T.O. "Capital Gains Election", Fax Service Doc. No. 9503120)
In a situation where there are two or more capital beneficiaries of a trust and only one beneficiary has not fully utilized her capital gains...
Subsection 110.6(20) - Application of subsection (19)
Administrative Policy
16 February 1995 Mississauga Breakfast Seminar, Q. 3
S.13(21.1) will not apply where a s. 110.6(19) election is filed in respect of a building because the election under s. 110.6(19) will only be...