2 June 2010 External T.I. 2010-0354951E5 F - Bien de remplacement-disp. involontaire -- summary under Paragraph 44(5)(a.1)

Does a rental property acquired to replace a parking lot (generating rental income) that was expropriated qualify as a "replacement property"? In responding negatively, CRA stated:

[I]n order to satisfy the condition in paragraph 44(5)(a.1), the replacement property should have the same physical characteristics as the former property. Since a building does not have the same physical characteristics as a parking lot, it is our view that the building … does not satisfy the condition in paragraph 44(5)(a.1) even though both the parking lot and the building generate rental income.

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d7 import status
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