Victory in Suncor Energy — FCA Confirms "Deemed Taxation Years" to Fix Asset Continuity Gaps In the recent decision of Suncor Energy Inc. v. Canada (2026 FCA 33) , the Federal Court of Appeal (FCA) applied a common-sense judicial interpretation to the "Continuity Rule" under s. 13(31) . This ruling strikes down the CRA’s long-standing attempt to use technicalities to deny Capital Cost Allowance (CCA) to newly incorporated entities. 1. The Technical Conflict: The "Disappearing" Taxation Years The Rule: Under s. 13(27)(b), a depreciable property is generally deemed "available-for-use" (allowing for CCA claims) after the passing of two taxation year ends following its acquisition. The Continuity Rule: Section 13(31) provides that in a non-arm's length transfer, the transferee (buyer) is deemed to have acquired the property at the same time the transferor (seller) originally acquired it. The CRA’s Argument: The Crown argued that if the tran...
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