Full-text translations of CRA technical interpretations and Roundtable items now go back two years

18 April 2017 - 10:19pm
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Full-text translations of the two French technical interpretations that were released last week and of five of the French technical interpretations released on April 22, 2015 are now available, and are listed and briefly described in the table below. Also listed is a French technical interpretation from 2013 which was translated out of order.

These (and the other translations covering the last two years of CRA releases) are subject to the usual (3 working weeks per month) paywall.

Bundle Date Translated severed letter Summaries under Summary descriptor
2017-04-12 24 March 2017 External T.I. 2016-0662381E5 F - Control - unanimous shareholders agreement Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(ii) no application if non-resident under USA cannot control board decision to redeem residents’ shares – applies if automatic redemption requirement
Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation non-resident would control notwithstanding USA board appointment right of residents due to its secondary call right on their shares or right to require corp to honour automatic redemption clause
Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(i) highly contingent secondary call right of a non-resident on shares of minority residents undercuts for CCPC purposes their USA right to appoint half the board
3 February 2017 External T.I. 2015-0589821E5 F - Change of Use of duplex Income Tax Act - Section 45 - Subsection 45(1) - Paragraph 45(1)(c) substantially renovating the personal-use portion of a rental property (without changing floor areas) generally would not engage the change-of-use rules
2015-04-22 24 March 2015 External T.I. 2012-0470991E5 F - Mutual fund trust Income Tax Act - Section 39 - Subsection 39(5) - Paragraph 39(5)(a) election can be made by leveraged day-trading MFT
Income Tax Act - Section 9 - Capital Gain vs. Profit - Shares capital v. income character determined at trust level
Income Tax Act - 101-110 - Section 104 - Subsection 104(21) flow-through to unitholder of capital gain designated by MFT
Income Tax Act - Section 132 - Subsection 132(6) day trading included in investment undertaking
Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose s. 39(4) presumption establishing expense non-deductibility
24 March 2015 External T.I. 2012-0432951E5 F - Application of section 7 Income Tax Act - Section 7 - Subsection 7(1) - Paragraph 7(1)(a) agreement to sell for nil monetary consideration is included
3 March 2015 External T.I. 2014-0540051E5 F - Indiens – Intérêts d'une institution hors réserve Other Legislation/Constitution - Federal - Indian Act - Section 87 life annuity purchased off reserve did not qualify
10 February 2015 External T.I. 2014-0549331E5 F - Borne de recharge – catégorie d'amortissement Income Tax Regulations - Schedules - Schedule II - Class 43.2 vehicle charging stations included in Class 8, not 43.1 or 43.2
19 January 2015 External T.I. 2014-0549061E5 F - logement des employés Income Tax Act - Section 6 - Subsection 6(6) - Paragra;h 6(6)(a) permanent duties in a precarious field are not temporary duties/"remote" means over 80 km.