Principal Issues: Whether there is tax relief to compensate for the added costs of organic foods and natural products.
Position: There are no specific provisions in the Income Tax Act for organic foods and natural products; however, there are other current tax measures to assist individuals.
Submitted by narmstrong on Thu, 08/18/2016 - 02:42
exempt foreign charitable trust must satisfy the Canadian common law tests
What is the meaning of “created exclusively for charitable purposes” in (d)(ii) of the definition of “exempt foreign trust” in s. 94(1)? ...
The text of this content is paywalled except for the first five days of each month. Subscribe or log in for unrestricted access.
Principal Issues: General comments requested on the application of subparagraph (d)(ii) of the definition of “exempt foreign trust” in subsection 94(1).
Position: General comments provided on the meaning of the expressions “charitable purposes” and “created exclusively for charitable purposes” used in subparagraph (d)(ii) of the definition of “exempt foreign trust” in subsection 94(1).
Reasons: Based on our interpretation of the terms and consistent with our interpretation of the Canadian Court decisions in that matter.
onus to establish carelessness or neglect where failure to file a T1135
108
Principal Issues: Can the CRA assess a penalty against a taxpayer beyond the normal reassessment period for failure to file a Form T1135 on time? Can subparagraph 152(4)(a)(i) of the Act apply to assess a penalty under subsection 162(7) of the Act beyond the normal reassessment period?
Position: General comments provided.
Reasons: A penalty under subsection 162(7) of the Act is assessed under Part I and is subject to the same limitations as any other assessment under that Part. Whether a penalty under subsection 162(7) of the Act may be assessed in a given situation pursuant to subparagraph 152(4)(a)(i) of the Act is a question of fact that must be determined on a case-by-case basis.
Principal Issues: Are amounts paid for modifications to a Segway, bicycle or tricycle eligible medical expenses?
Position: It depends on the facts.
Reasons: To the extent that the amounts paid for these modifications are for devices that are exclusively designed to allow a person with a mobility impairment to operate a Segway, tricycle or bicycle they would be eligible under paragraph 5700(n) of the Act, providing the requirements under 118.2(2)(m) have also been satisfied.
