Which of the owner of the property and the user of an eligible non-residential building will be eligible for CCA under Reg. 1100(1)(a.1)?
The Directorate responded that “the owner of the property is the person who can claim the depreciation, if the owner meets the other conditions otherwise provided for in the Regulation, and not the tenant,” and in the decision summary, added that the Reg. 1104 definition of eligible non-residential building “stipulates that the property must be acquired by the taxpayer but may be used by the taxpayer or its lessee.”