22 June 2020 External T.I. 2017-0728051E5 F - Land inventory -- summary under Subsection 70(5.2)

Does "land" in s. 70(5.2) include not only vacant land but also land on which other real property is erected, such as houses for sale or condo units? CRA responded:

The Act does not define "land" except for the purposes of subsection 18(2), where subsection 18(3) defines "land" to specifically exclude buildings and other structures … .

For the purposes of the Act, in the absence of a provision similar to the definition in subsection 18(3), a building or other structure affixed to land would generally be considered as part of the land.

Thus … for the purposes of subsection 70(5.2) … "land" includes not only vacant land, but also land on which other real property such as houses or condos are erected.

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