23 January 2012 External T.I. 2011-0409671E5 F - Propriété superficiaire -- summary under Ownership

Corporation A erected, at its expense and for exclusive use in its transport business, a detached garage on the land on which the principal residence of its individual shareholder (the “Taxpayer”) is located. The land subjacent to the garage is leased to it by the Taxpayer. CRA indicated that Corporation A would be entitled to claim capital cost allowance only if it held the right of superficies to the garage (i.e., by deed it was agreed that the Taxpayer would have no right of accession to the garage).