Five further translated Technical Interpretations are available
7 March 2018 - 1:08am
Email this ContentThe table below provides descriptors and links for four technical interpretations released in December 2013 as fully translated by us, along with our translation of a question and answer from the October 2013 APFF Roundtable.
These (and the other full-text translations covering the last 4 ¼ years of CRA releases) are subject to the usual (3 working weeks per month) paywall. You are currently in the “open” week for March.
| Bundle Date | Translated severed letter | Summaries under | Summary descriptor |
|---|---|---|---|
| 2013-12-11 | 10 July 2013 Internal T.I. 2013-0475501I7 F - Amounts returned to trustee/beneficiary | Income Tax Act - 101-110 - Section 104 - Subsection 104(13) | family trust income distributed to children but repaid as reimbursement to father for family expenses was income to him, not them |
| Income Tax Act - 101-110 - Section 104 - Subsection 104(24) | distributions to children immediately paid to father | ||
| Income Tax Act - 101-110 - Section 104 - Subsection 104(6) | distributions to children immediately paid to father were deductible even though received by children as his agents | ||
| Income Tax Act - 101-110 - Section 105 - Subsection 105(1) | payment of income distributions by children to father not a benefit under the trust | ||
| Income Tax Act - Section 56 - Subsection 56(4) | payment of distributed family trust income by children to father did not engage s. 56(4) as it was only potential income to him | ||
| 18 November 2013 Internal T.I. 2011-0399581I7 F - Application of section 212(1)(d) ITA | Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) - Subparagraph 212(1)(d)(i) | seriatim benchmark lump sums, although not royalties, came within s. 212(1)(d) | |
| Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) - Subparagraph 212(1)(d)(viii) | cost-sharing agreement with catch-up payment provisions qualified | ||
| Treaties - Income Tax Conventions - Article 12 | contingent payments came within broad Treaty definition of royalty | ||
| 11 October 2013 APFF Roundtable, 2013-0495851C6 F - Safe income adjustments | Income Tax Act - Section 54 - Adjusted Cost Base | downward adjustment under price adjustment clause reduces shares' ACB | |
| Income Tax Act - Section 55 - Subsection 55(2.1) - Paragraph 55(2.1)(c) | CRA post-closing reassessment of Target's pre-closing income changes its SIOH | ||
| 2013-12-04 | 19 November 2013 External T.I. 2011-0414201E5 F - Coop, ristournes, société de personne | Income Tax Act - Section 96 - Subsection 96(1) - Paragraph 96(1)(a) | customers of LP rather than of members |
| Income Tax Act - Section 135 - Subsection 135(1) | a Coop dealing with an LP of which it is a partner has the LP as its customer, and not the LP customers | ||
| 19 November 2013 External T.I. 2012-0455731E5 F - Interprovincial income allocation | Income Tax Regulations - Regulation 402 - Subsection 402(3) | where franchisor takes over Ontario franchisee's operations, its royalties from other Ontario franchisees are not assimilated to the Ontario PE |