Section 115.1

Table of Contents

Administrative Policy

93 C.M.TC - Q.16

Discussion of the circumstances in which the Canadian competent authority had permitted deferral of recognition of gain.

90 C.P.T.J. - Q.30

In determining the taxpayer's gain or income for Canadian income tax purposes, the taxpayer may choose whether or not to elect to reduce the resulting gain or income from the disposition of property using the replacement property rollovers in ss.13(4), 14(6) and 44(1). If he so chooses, it is the reduced amount that is relevant for purposes of Article XIII(8) of the U.S. Convention.

Articles

Dalsin, "Dispositions of Property by Non-Residents: Tax Deferral by Ministerial Discretion", 1991 Canadian Tax Journal, p. 77.

D'Aurelio, "International Issues: A Revenue Canada Perspective", 1990 Conference Report, c. 44, under "Section 115.1 and Related Treaty Provisions"