18 November 2021 External T.I. 2021-0917841E5 F - Traitement fiscal d’un revenu d’une emphytéose -- summary under Disposition

In 2013-0487791E5 F, CRA reversed its position in 2012-0472101E5 F and indicated that it now considered that the entering into of an emphyteutic lease represents a part disposition of property rather than something analogous to the entering into of a common law lease. Therefore, any "rents" receivable must be recognized as proceeds of disposition at the time of grant rather than as amounts which can be recognized over time as they become receivable (although a s. 40(1) reserve may be available).

CRA here stated that 2013-0487791E5 F continues to represent its position.

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