I-3 - Taxation Act

Section 106.4 Disposition versions

2019-06-19

106.4. (Repealed).

2000, c. 5, s. 37; 2004, c. 8, s. 20; 2005, c. 1, s. 44; 2017, c. 1, s. 90; 2019, c. 14, s. 78.

2017-02-08

106.4. The rules in the second paragraph apply where

(a)  a corporation, trust or partnership, in this section referred to as the “transferor”, disposes of a particular incorporeal capital property in respect of a business of the transferor in respect of which it would, but for this section, be permitted a deduction under paragraph a of section 188 as a consequence of the disposition;

(b)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires a property, in this section referred to as the “substituted property”, that is, or is identical to, the particular incorporeal capital property; and

(c)  at the end of the 30 days following the time of disposition, the transferor or a person or partnership affiliated with the transferor owns the substituted property.

The rules to which the first paragraph refers are as follows:

(a)  for the purposes of this division and sections 130, 188 and 189, the transferor is deemed to continue to own incorporeal capital property in respect of the business until the particular time that is immediately before the first time, after the time of disposition,

i.  at which a 30-day period begins throughout which neither the transferor nor a person affiliated with the transferor owns the substituted property, or a property that is identical to the substituted property and that was acquired after the day that is 31 days before the period begins,

ii.  at which the substituted property is not incorporeal capital property in respect of a business carried on by the transferor or a person affiliated with the transferor,

iii.  at which the substituted property would, if it were owned by the transferor, be deemed under Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the transferor,

iv.  that is immediately before the transferor is subject to a loss restriction event, or

v.  at which the winding-up of the transferor begins, other than a winding-up referred to in section 556, where the transferor is a corporation;

(b)  for the purposes of this division and sections 130, 188 and 189, the transferor is deemed not to have ceased to carry on the business before the particular time referred to in subparagraph a; and

(c)  for the purposes of the first paragraph and subparagraphs a and b,

i.  a right to acquire a property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation, is deemed to be a property that is identical to the property, and

ii.  where a partnership otherwise ceases to exist at any time after the time of disposition,

(1)  the partnership is deemed not to have ceased to exist until the time that is immediately after the first time described in subparagraphs i to v of subparagraph a, and

(2)  each person who, immediately before the partnership would, but for this subparagraph ii, have ceased to exist, was a member of the partnership is deemed to remain a member of the partnership, until the time that is immediately after the first time described in subparagraphs i to v of subparagraph a.

2000, c. 5, s. 37; 2004, c. 8, s. 20; 2005, c. 1, s. 44; 2017, c. 1, s. 90.

2006-03-01

106.4. The rules in the second paragraph apply where

(a)  a corporation, trust or partnership, in this section referred to as the “transferor”, disposes of a particular incorporeal capital property in respect of a business of the transferor in respect of which it would, but for this section, be permitted a deduction under paragraph a of section 188 as a consequence of the disposition;

(b)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires a property, in this section referred to as the “substituted property”, that is, or is identical to, the particular incorporeal capital property; and

(c)  at the end of the 30 days following the time of disposition, the transferor or a person or partnership affiliated with the transferor owns the substituted property.

The rules to which the first paragraph refers are as follows:

(a)  for the purposes of this division and sections 130, 188 and 189, the transferor is deemed to continue to own incorporeal capital property in respect of the business until the particular time that is immediately before the first time, after the time of disposition,

i.  at which a 30-day period begins throughout which neither the transferor nor a person affiliated with the transferor owns the substituted property, or a property that is identical to the substituted property and that was acquired after the day that is 31 days before the period begins,

ii.  at which the substituted property is not incorporeal capital property in respect of a business carried on by the transferor or a person affiliated with the transferor,

iii.  at which the substituted property would, if it were owned by the transferor, be deemed under Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the transferor,

iv.  that is immediately before control of the transferor is acquired by a person or group of persons, where the transferor is a corporation, or

v.  at which the winding-up of the transferor begins, other than a winding-up referred to in section 556, where the transferor is a corporation;

(b)  for the purposes of this division and sections 130, 188 and 189, the transferor is deemed not to have ceased to carry on the business before the particular time referred to in subparagraph a; and

(c)  for the purposes of the first paragraph and subparagraphs a and b,

i.  a right to acquire a property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation, is deemed to be a property that is identical to the property, and

ii.  where a partnership otherwise ceases to exist at any time after the time of disposition,

(1)  the partnership is deemed not to have ceased to exist until the time that is immediately after the first time described in subparagraphs i to v of subparagraph a, and

(2)  each person who, immediately before the partnership would, but for this subparagraph ii, have ceased to exist, was a member of the partnership is deemed to remain a member of the partnership, until the time that is immediately after the first time described in subparagraphs i to v of subparagraph a.

2000, c. 5, s. 37; 2004, c. 8, s. 20; 2005, c. 1, s. 44.