I-3 - Taxation Act

Section 93.10 Disposition versions

2006-03-01

93.10. For the purposes of section 93.6 and notwithstanding sections 93.7 to 93.9, property of a taxpayer is deemed to have become available for use by the taxpayer at the earlier of the time the property was acquired by the taxpayer and, if applicable, a prescribed time, where

(a)  the property was acquired from a person with whom the taxpayer was not dealing at arm’s length, otherwise than by reason of a right referred to in paragraph b of section 20, at the time the property was acquired by the taxpayer, or in the course of a reorganization in respect of which, if a dividend were received by a corporation in the course of the reorganization, section 308.1 would not apply to the dividend by reason of the application of section 308.3; and

(b)  before the property was acquired by the taxpayer, the property became available for use, determined without reference to subparagraph c of the first paragraph of section 93.7 and subparagraph d of the first paragraph of section 93.8, by the person from whom it was acquired.

1993, c. 16, s. 56; 1994, c. 22, s. 70; 1997, c. 3, s. 71.