7 November 1990 Ministerial Correspondence 90M11364 F - Depreciable Property - Allocation of Proceeds on Death

By services, 18 January, 2022
Official title
Depreciable Property - Allocation of Proceeds on Death
Language
French
CRA tags
70(5)(b)
Document number
Citation name
90M11364
Severed letter type
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
633466
Extra import data
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"field_external_guid": [],
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"field_release_date_new": "1990-11-07 07:00:00",
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Main text

CTF - 1990 Conference Report

QUESTION I-99

DEPRECIABLE PROPERTY - ALLOCATION OF PROCEEDS ON DEATH

Assume a taxpayer dies owning several assets of the same class of depreciable property. What provision does Revenue Canada rely upon to allocate deemed proceeds to each asset for determining capital gain, if any? Paragraph 70(5)(b) only deems proceeds for the class as a whole.

ANSWER

Paragraph 70(5)(d) provides that a beneficiary's deemed cost is determined by applying the ratio of the fair market value received over the total fair market value of the class of the property to the deemed proceeds calculated under paragraph 70(5)(b). It is the Department's view that this same ratio should be used to allocate deemed proceeds on an asset by asset basis in order to calculate the capital gain arising on death.

C.T.F.November 1990L. HollowaySection 23