A taxpayer disposed of a rental property on which no CCA had ever been claimed because of the rental property restriction rule in Reg. 1100(11) (no rental income had been generated) and claimed a terminal loss under s. 20(16). In rejecting the expressed concern of the TSO that since the taxpayer was never allowed CCA on the rental property, the property does not meet the definition of "depreciable property" in s. 13(21), the Directorate stated:
It is our position that a taxpayer should not be denied a terminal loss under subsection 20(16) of the Act merely because subsection 1100(11) of the Regulations did not permit the taxpayer to deduct any CCA... . [I]n accordance with the definition of depreciable property in subsection 13(21) of the Act, a taxpayer will be considered entitled to a deduction under paragraph 20(1)(a), despite the fact that the Regulations may have reduced the CCA claimed by the taxpayer to NIL for the period of ownership of the rental property.