Income Tax Act

Version of section 24 from 2017-01-01 to 2017-11-20:

  •  (1) [Repealed, 2016, c. 12, s. 8]

  • Marginal note:Business carried on by spouse or common-law partner or controlled corporation

    (2) If, at any time, an individual ceases to carry on a business and the individual’s spouse or common-law partner, or a corporation controlled directly or indirectly in any manner whatever by the individual, carries on the business and acquires all of the property included in Class 14.1 of Schedule II to the Income Tax Regulations in respect of the business owned by the individual immediately before that time and that had value at that time, the following rules apply:

    • (a) the individual is deemed to have, immediately before that time, disposed of the property and received proceeds of disposition equal to the lesser of the capital cost and the cost amount to the individual of the property immediately before the disposition;

    • (b) the spouse, common-law partner or corporation, as the case may be, is deemed to have acquired the property at a cost equal to those proceeds; and

    • (c) if the amount that was the capital cost to the individual of the property exceeds the amount determined under paragraph 70(5)(b) to be the cost to the person that acquired the property, for the purposes of sections 13 and 20 and any regulations made for the purpose of paragraph 20(1)(a),

      • (i) the capital cost to the person of the property is deemed to be the amount that was the capital cost to the individual of the property, and

      • (ii) the excess is deemed to have been allowed to the person in respect of the property under regulations made for the purposes of paragraph 20(1)(a) in computing income for taxation years that ended before the person acquired the property.

  • (3) [Repealed, 2016, c. 12, s. 8]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts. R.S., 1985, c. 1 (5th Supp.), s. 24;
  • 1994, c. 7, Sch. II, s. 17, Sch. VIII, s. 10;
  • 1995, c. 3, s. 8;
  • 2000, c. 12, s. 142;
  • 2001, c. 17, s. 16;
  • 2016, c. 12, s. 8.
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