Income Tax Severed Letters - 2018-09-05

Ministerial Correspondence

12 July 2018 Ministerial Correspondence 2018-0761301M4 - Method used to establish mileage rates

Unedited CRA Tags
118.2(2)(g); 118.2(4)
Treasury Board per-kilometre travel rates are “fair and reasonable”

Principal Issues: What methodology is used to establish the mileage or kilometric rate for travel, for the purpose of the medical expense tax credit?

Position: The CRA uses the kilometric rates according to the Treasury Board of Canada Secretariat guidelines. The latter are based on the annual kilometric rates set by the National Joint Council of the Public Service of Canada.

Reasons: See response.

Technical Interpretation - External

17 July 2018 External T.I. 2018-0753001E5 - Treatment of losses and investment income

Unedited CRA Tags
9, 12(1)(i), 20(1)(p), 38(c), 39(1)(b), 39(1)(c), 40(2)(g)(ii), 50(1), 111(1)(a), 111(1)(b), 54 capital property, 111(8) non-capital loss, 125(7) Canadian-controlled private corporation.

Principal Issues: Tax implications of losses incurred as a result of a fraudulent investment scheme.

Position: Various implications discussed.

Reasons: See below.

12 April 2018 External T.I. 2017-0738071E5 - Scholarships from Government of Japan

Unedited CRA Tags
3(a); 56(1)(n); 56(1)(o); 56(3); 118.6(1) - "qualifying student," "qualifying educational program," and "designated educational institution"

Principal Issues: 1. Are scholarships provided by the Government of Japan to Canadian students taxable? 2. Is part-time employment income earned in Japan by Canadian students taxable? 3. If taxable, is the income to be reported annually? 4. Does the student need to obtain any particular forms from the Government of Japan in respect of the scholarships? 5. Does the student need to obtain any particular forms from an employer in Japan in respect of part-time employment income?

Position: 1. Yes, if student is a resident of Canada, but may be fully exempted pursuant to subsection 56(3). 2. Yes, if student is a resident of Canada. 3. Yes. 4. No. 5. No.

Reasons: 1. Scholarship income included in income pursuant to paragraph 56(1)(n) and scholarship exemption provided for pursuant to subsection 56(3). 2. Residents of Canada are liable to tax on their worldwide income. 3. Income is reported for a tax year. 4. A resident of Canada is responsible for reporting scholarship income in excess of the scholarship exemption, whether or not a T4A is received from the payer. 5. A resident of Canada is responsible for reporting foreign employment income, whether or not a T4 slip is received.