Author: Gary I. Biasini

This paper explores some crucial income tax considerations in the disposition of property. One important consideration is whether the proceeds of the disposition will be taxed as income or capital. The paper canvasses the various factors that are considered in making this determination such as intention, nature of the business, and length of ownership. The author also explores the tax implications of non-residents of Canada dealing in real estate situated in Canada and the use of Bare Trusts in the real estate context.

This paper was presented at LESA’s 45th Annual Refresher Course – Real Estate program on May 6 – 8, 2012.