I-3 - Taxation Act

Section 175.8 Disposition versions

2020-09-24

175.8. Section 175.9 also applies where

(a)  a person, in this section and section 175.9 referred to as the “transferor”, disposes of a particular property;

(b)  the particular property is described in an inventory of a business that is an adventure or concern in the nature of trade;

(c)  the disposition is not a disposition that is deemed to have occurred under subparagraph b of the first paragraph of section 85.7, paragraph a of section 85.9, any of Divisions I to III of Chapter III of Title VII, section 653, Chapter I of Title I.1 of Book VI, paragraph a or c of section 785.5, or any of sections 832.1, 851.22.0.4 and 999.1;

(d)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires property, in this section and section 175.9 referred to as the “substituted property”, that is, or is identical to, the particular property; and

(e)  at the end of the 30 days following the time of disposition, the transferor or a person affiliated with the transferor owns the substituted property.

2000, c. 5, s. 46; 2004, c. 8, s. 33; 2015, c. 36, s. 11; 2020, c. 16, s. 45.

2015-12-04

175.8. Section 175.9 also applies where

(a)  a person, in this section and section 175.9 referred to as the “transferor”, disposes of a particular property;

(b)  the particular property is described in an inventory of a business that is an adventure or concern in the nature of trade;

(c)  the disposition is not a disposition that is deemed to have occurred under any of sections 436, 440, 444, 450, 450.6 and 653, Chapter I of Title I.1 of Book VI, paragraph a or c of section 785.5, or section 832.1 or 999.1;

(d)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires property, in this section and section 175.9 referred to as the “substituted property”, that is, or is identical to, the particular property; and

(e)  at the end of the 30 days following the time of disposition, the transferor or a person affiliated with the transferor owns the substituted property.

2000, c. 5, s. 46; 2004, c. 8, s. 33; 2015, c. 36, s. 11.

2006-03-01

175.8. Section 175.9 also applies where

(a)  a person, in this section and section 175.9 referred to as the “transferor”, disposes of a particular property;

(b)  the particular property is described in an inventory of a business that is an adventure or concern in the nature of trade;

(c)  the disposition is not a disposition that is deemed to have occurred under any of sections 436, 440, 444, 450, 450.6, and 653, Chapter I of Title I.1 of Book VI, paragraph f of section 785.5, or section 832.1 or 999.1;

(d)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires property, in this section and section 175.9 referred to as the “substituted property”, that is, or is identical to, the particular property; and

(e)  at the end of the 30 days following the time of disposition, the transferor or a person affiliated with the transferor owns the substituted property.

2000, c. 5, s. 46; 2004, c. 8, s. 33.