An estate acquired a housing unit as a result of the death of a child’s parent and distributed title to the child in the subsequent taxation year. The child then disposed of the unit within 365 days of the distribution. CRA indicated that the application of the exception in s. 12(13)(b)(i) is a question of fact, and further stated:
[Y]ou indicate that the housing unit was not owned by the estate for any period of time beyond the time necessary to settle the estate and the child beneficiary disposed of the housing unit soon after receiving it. …[I]f it can be shown that there is a sufficiently clear connection between the death of the deceased parent and the disposition of the housing unit by the child beneficiary, then it may be possible to conclude that the disposition of the housing unit by the child beneficiary can reasonably be considered to have occurred due to the deceased parent’s death, and the gain realized on the disposition would not be deemed to be business income by virtue of the application of subsection 12(12) … .