7 more translated CRA interpretations are available
1 June 2020 - 11:28pm
Email this ContentWe have published a translation of a CRA interpretation released last week, as well as the previous week, and a further 5 translations of CRA interpretations released in August and July 2010. Their descriptors and links appear below.
These are additions to our set of 1,187 full-text translations of French-language Roundtable items and Technical Interpretations of the Income Tax Rulings Directorate, which covers all of the last 9 ¾ years of releases of Interpretations by the Directorate. These translations are subject to the usual (3 working weeks per month) paywall. You are currently in the “open” week for June.
| Bundle Date | Translated severed letter | Summaries under | Summary descriptor |
|---|---|---|---|
| 2020-05-27 | 9 April 2020 External T.I. 2014-0527261E5 F - Beneficial ownership discretionary power of trustees | Income Tax Act - Section 73 - Subsection 73(1.01) - Paragraph 73(1.01)(c) - Subparagraph 73(1.01)(c)(ii) | "right to receive" all the income not satisfied where trustees' discretion to accumulate income |
| Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(a) | discretion of trustees to retain capital or income rather than distribute to the sole current beneficiary does not preclude the latter being the beneficial owner | ||
| Income Tax Act - 101-110 - Section 107.4 - Subsection 107.4(1) - Paragraph 107.4(1)(i) | discretion of trustees to retain capital or income rather than distribute to the sole current beneficiary precluded s. 73(1.01)(c)(ii) application and satisfied s. 107/4(1)(i) | ||
| General Concepts - Ownership | discretion of trustee to accumulate rather than distribute income to sole beneficiary did not detract from beneficial ownership | ||
| 2020-05-20 | 15 May 2020 External T.I. 2020-0848511E5 F - Deferred salary leave plans (DSLPs) | Income Tax Regulations - Regulation 6801 - Paragraph 6801(a) - Subparagraph 6801(a)(i) | employer can defer the 6-year deferral period, e.g., for those with COVID-disrupted travel, pending Finance review |
| 2010-08-13 | 19 May 2010 Internal T.I. 2008-0279441I7 F - Canadian-controlled private corporation | Income Tax Act - Section 125 - Subsection 125(7) - Canadian-Controlled Private Corporation - Paragraph (a) | future acquisition right under a USA of 50% Canadian shareholder gave its non-resident shareholder de jure control of underlying corporation |
| Income Tax Act - Section 251 - Subsection 251(5) - Paragraph 251(5)(b) - Subparagraph 251(5)(b)(i) | future acquisition right under a USA gave indirect 50% non-resident shareholder de jure control | ||
| 2010-08-06 | 7 July 2010 External T.I. 2010-0370611E5 F - Purchase of Shares by Subsidiary - Sec. 245 | Income Tax Act - Section 84.1 - Subsection 84.1(1) | realization by an individual of capital gain by selling shares to the corporation’s Newco sub requires inter alia that any basis created in Newco not be abused |
| Income Tax Act - Section 245 - Subsection 245(4) | position that an individual potentially can realize a capital gain by selling shares to a Newco sub of the corporation for cash does not depend on there being a s. 87 or 88 merger of Newco and the corporation | ||
| 28 June 2010 External T.I. 2010-0362391E5 F - Revenus de récompenses | Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(n) | awards for winning music competitions might or might not be prescribed prizes | |
| 26 July 2010 External T.I. 2009-0349481E5 F - 212(1)d)(i)-Marque de commerce utilisée au Canada | Income Tax Act - Section 212 - Subsection 212(1) - Paragraph 212(1)(d) | royalty for use outside Canada of trademark is subject to withholding | |
| 26 July 2010 External T.I. 2010-0368991E5 F - CIAPH - Société de personnes | Income Tax Act - Section 118.05 - Subsection 118.05(1) - Qualifying Home | partner is not precluded from claiming HBTC for residence acquired by partnership | |
| 2010-07-16 | 24 June 2010 External T.I. 2010-0358981E5 F - Déductibilité de dépistage de la XXXXXXXXXX | Income Tax Act - Section 18 - Subsection 18(1) - Paragraph 18(1)(a) - Income-Producing Purpose | expense of bacteria testing can be deductible even though expenditures do not themselves generate revenue |