Digests

Decision Information

Decision Content

Imapro Corp. v. Canada

T-3233-90 / T-3234-90

McGillis J.

25/9/92

25 pp.

Appeal from MNR assessments disallowing expenditures claimed by plaintiff (Imapro) for taxation years 1987 and 1988 -- Imapro entering into obligation in writing on June 10, 1987 to construct building for research and development, manufacturing and sales operations -- Activities being scientific research and experimental development (SR & ED) within meaning of Income Tax Act, allowing claim for deduction of expenditures in certain circumstances -- Amendments to ITA in 1988 excluding capital expenditures for acquisition of building-Transitional provision still permitting deduction of SR & ED expenditures in relation to buildings acquired before 1990 under obligation in writing before June 18, 1987 or construction of which commenced before June 18, 1987 -- Construction of building by Imapro begun in September 1987, completed in early 1988 -- Strict rule of interpretation previously applicable in construction of tax legislation abandoned in favour of plain meaning approach -- Whether transitional provision in issue allows taxpayer to deduct capital expenditures of building -- Transitional provisions enacted to alleviate hardship caused by imposition of retroactive legislation-Transitional provision herein should be interpreted as including buildings acquired before 1990 under obligation entered into in writing before June 18, 1987 -- Word "expenditures" in Act, s. 37(7)(c)(ii)(A) including both current and capital expenditures -- Current expenditures may be apportioned to some degree between SR & ED and other uses in building -- "All or substantially all" in Act, s. 37(7)(c)(ii) meaning substantial portion, at least 90% -- 47.3% portion of current expenditures for maintenance and upkeep of common areas not meaning "all or substantially all", not directly attributable to SR & ED -- Reasonable apportionment of construction costs for purpose of claiming capital expenditure on SR & ED permissible -- Common and administrative areas of building integral to functioning of research and development sector and used routinely and regularly by employees -- 47.3% construction costs claimed by Imapro as capital expenditure for SR & ED in relation to common and administrative areas reasonable, must be allowed as deduction -- Appeal allowed in part -- Income Tax Act, S.C. 1970-71-72, c. 63, ss. 37(1) (as am. by 1974-75-76, c. 26, s. 14; 1977-78, c. 1, s. 15; 1977-78, c. 4, s. 3; 1980-81-82-83, c. 48, s. 15; 1980-81-82-83, c. 140, s. 17; 1983-84, c. 1, s. 10; 1986, c. 6, s. 15; 1986, c. 55. s. 6; 1987, c. 46, s. 11; 1988, c. 55, s. 18), (7)(c) (as am. by S.C. 1986, c. 6, s. 15), (f) (as enacted by S.C. 1988, c. 55, s. 18).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.