Section 119 - Former resident — credit for tax paid

Subsection 119(1)

Cases

Israel v. The Queen, 79 DTC 5418, [1979] CTC 468 (FCTD)

An individual's chief source of income is not from farming if all the relevant farming activities are carried out by a corporation controlled by him.

See Also

Gunderson v. MNR, 91 DTC 523 (TCC)

Given that all of the taxpayer's activities were directed towards his store as his probable chief source of income in the future, his farm was not his chief source of income for the taxation years in question applying the Moldowan test.

Administrative Policy

27 March 1992 T.I. (Tax Window, No. 18, p. 15, ¶1834)

Where there was no gross income from farming for one or more of the years to be averaged, it would appear that the taxpayer did not satisfy the requirement that throughout the period his chief source of income was from farming.

Articles

Jack Bernstein, "Canadian Provision to Prevent Double Taxation of Emigrants Undermined by AMT", Tax Notes International Magazine, Vol. 36, December 13, 2004, p. 943.