Chapter

C. Interpretation of Value in subsection 248(30) of the Act

From Walby v. Canada, 2025 FCA 94 | Tax Interpretations by Vente d'un terrain à sa propre société

Concepts

1. Donative Intent

   "The appellants only briefly addressed subsections 248(30) to (32) of the Act and essentially challenged the Tax Court Judge’s interpretation of the word “value” in subsection 248(32). Subsections 248

2. Advantage Amount

   "Having found that subsections 248(30) to (32) did not apply, the Tax Court Judge commented, in obiter, on “the amount of the advantage.” The Judge stated that the amount of the advantage of the cours

3. Value Meaning

   "The Crown noted that subsection 248(32) refers to “value,” whereas subsection 248(31) refers to “fair market value.” Subsection 248(31) provides that the eligible amount of a gift or monetary contrib