The Vendor sold a percentage interest in mineral claims for consideration including deferred cash payments to be paid over a four-year period. The Directorate noted that the full amount of the deferred cash payments (rather than discounted amounts) should be included in the Vendor’s proceeds of disposition under F in the definition of CCDE in s. 66.2(5), stating:
[T]he expression "became receivable" should have the same meaning as for the purposes of paragraph 12(1)(b).
Thus, for the purposes of paragraph 12(1)(b), we are of the view that to be able to say that the proceeds of disposition have become receivable, the vendor must have an absolute right, though not necessarily immediate, to the consideration and, secondly, that the proceeds of disposition are determined or determinable. (See inter alia The Queen v. Huang and Danczkay Ltd., 2000 DTC 6549 (FCA); The Queen v. Capital, General Insurance Company, 98 DTC 6215, (FCA); West Kootenay Power and Light Company Limited v. The Queen, 92 DTC 6023 (FCA); Maple Leaf Mills v. MNR, 76 DTC 6182 (SCC); MNR v. Benaby Realties Ltd., 67 DTC 5275 (SCC); and MNR v. John Colford Contracting Company Limited, 60 DTC 1131 (Exch. Ct.).