Section 28

Subsection 28(1) - Farming or fishing business

Cases

Hadler Turkey Farms Inc. v. The Queen, 86 DTC 6013, [1986] 1 CTC 81 (FCTD)

Jerome, A.C.J. held that although s. 28 should be interpreted as giving to the taxpayer "the open-ended option to switch from the accrual method...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 152 - Subsection 152(4) 61

Pollon v. The Queen, 84 DTC 6139, [1984] CTC 131 (FCTD)

"There is no requirement whatsoever that the taxpayer be personally engaged in any physical sense in the farming activity. Gentlemen or absentee...

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Administrative Policy

23 September 2014 External T.I. 2013-0509021E5 F - Rajustement obligatoire

In the course of confirming its position in 9328315 F, CRA stated (TaxInterpretations translation):

[S]ows and boars which are still in inventory...

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26 November 1992 T.I. 923506 (September 1993 Access Letter, p. 411, ¶C20-1161)

A post-dated cheque received under the Gross Revenue Insurance Program, that is accepted as security for the debt owing to the taxpayer without...

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Locations of other summaries Wordcount
Tax Topics - General Concepts - Payment & Receipt 79

26 May 1992 External T.I. 5-920606

An advance received by a cash-basis farmer on the delivery of corn to a private grain elevator will be treated as income rather than as a loan.

11 October 1991 T.I. (Tax Window, No. 11, p. 17, ¶1522)

Where a cash-basis farmer pays for feed prior to the year end, he will be permitted a deduction in the year of payment provided that he obtains...

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5 March 1991 T.I. (Tax Window, No. 1, p. 17, ¶1133)

Where a cash-basis farm ceases operations, payments made thereafter for accounts payable incurred by the farmer while he was operating the farm...

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10 September 1990 Memorandum (Tax Window, Prelim. No. 1, p. 8, ¶1010)

Discussion of fiscal period issues respecting a bankrupt farmer.

Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 128 - Subsection 128(1) 10

28 May 1990 T.I. (October 1990 Access Letter, ¶1488)

Where inventory purchased by a farmer is much greater than the requirements of his farming business as would be the case where he consistently...

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19 September 89 T.I. (February 1990 Access Letter, ¶1103)

A crop which has been grown from purchased seed would not be included in purchased inventory for purposes of s. 28(1)(c). However, trees which...

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Paragraph 28(1)(b)

See Also

Tinhorn Creek Vineyards Ltd. v. The Queen, 2005 TCC 693

The Minister disallowed the taxpayer’s election to use the cash method on the basis that it did not have a farming business but instead was...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) viticulture and estate winery one business 133

Administrative Policy

22 September 2016 External T.I. 2015-0594721E5 F - Inventory of animal meat

May a taxpayer include ground or cut meat ("processed meat"), obtained by slaughtering and processing animals raised by it, in inventory of an...

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Locations of other summaries Wordcount
Tax Topics - Income Tax Act - Section 4 - Subsection 4(1) - Paragraph 4(1)(a) meat processing operation included in farming business if incidental 131