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Disappearing-Source Continuation (ITA §20.1)

Section titled “Disappearing-Source Continuation (ITA §20.1)”

Objective — keep deducting interest on investment debt that outlived the investment it funded, after the investment was sold at a loss.

Risk level — -1 — Negative risk. Risk justification — the loss has already happened and the debt already exists; §20.1 preserves a deduction that general principles would otherwise remove. Nothing new is taken on. Benefit justification — unverified — needs Talbot. Jurisdiction — Canada. This provision has no U.S. analogue in this form; do not translate.

Three statutory conditions (ITA §20.1):

  1. Borrowed money was used to acquire capital property other than real or depreciable property.
  2. The property is disposed of.
  3. The proceeds are used to repay part of the debt, and a balance remains.

Where those conditions are met, the remaining debt — to the extent of the deficiency — is deemed to continue to be used for income-earning purposes, and interest on that deemed amount stays deductible.

Worked example from the source:

  • Borrow $100,000 to buy shares.
  • Shares decline; sold for $40,000.
  • $40,000 applied to the loan; $60,000 remains.
  • Under §20.1 the $60,000 is deemed used for income-earning purposes; interest on it continues to be deductible even though the investment is gone.

Softens the after-tax cost of the exact scenario leveraged investors fear most — a loss sale leaving debt behind.

None added. The relief is conditional, and the condition is where it fails.

  • Spending the proceeds instead of applying them to the debt. §20.1 then does not apply to the full amount. This is the single condition that decides the outcome.
  • Losing the tracing from original borrowing → investment → proceeds → repayment.
  • Assuming it covers real or depreciable property. It does not.

None beyond record-keeping.

ITA §20.1. Note the interaction with §7.2: interest that exceeds investment income becomes a non-capital loss, deductible against any income source, carried back 3 years or forward 20.

Any leveraged investor who has sold at a loss with debt outstanding — the point at which this is most often not known.

Nobody. It is relief, not a decision.

  1. Before selling, confirm the property is capital property other than real or depreciable property.
  2. Apply the entire proceeds of disposition to the debt.
  3. Document the trace from borrowing to purchase to sale to repayment.
  4. Continue claiming interest on the remaining balance.

external-sourced — ITA §20.1 with its statutory conditions and worked example, via Core/_WorkingOn/Research/canada-investment-taxation.md §6.4.

  • Framing a consolation provision as a “strategy” risks making leverage look safer than it is. Fair. The record’s tier is level -1 because claiming the relief is riskless; it says nothing about the leverage that produced the loss, which is level 2/level 3 and carries its own records.

None.

interest-tracing-hygiene · claim-investment-interest-deduction · interest-only-investment-loan · term-investment-loan

  • Core/_WorkingOn/Research/canada-investment-taxation.md §6.4 — ITA §20.1, conditions, worked example, and the proceeds-application condition
  • Same file §7.1–7.2 — non-capital loss treatment and carryover periods
  • Interaction with the superficial-loss rule (ITA §54) if the investor repurchases within 30 days. Not covered by the source at hand.