We have translated 13 more CRA Interpretations

We have published translations of 3 interpretations released by CRA last week from the APFF Roundtable, and a further 10 translations of CRA interpretation released back to July 2008. Their descriptors and links appear below.

These are additions to our set of 1,496 full-text translations of French-language Roundtable items and Technical Interpretations of the Income Tax Rulings Directorate, which covers all of the last 12 3/4 years of releases of Interpretations by the Directorate. These translations are subject to the usual (3 working weeks per month) paywall.

Bundle Date Translated severed letter Summaries under Summary descriptor
2021-04-14 7 October 2020 APFF Roundtable Q. 15, 2020-0852271C6 F - Corporate attribution rules Income Tax Act - Section 74.4 - Subsection 74.4(2) s. 74.4(2) could apply to a s. 51 estate freeze-style reorganization by two spouses in favour of two discretionary trusts for them and their spouse
7 October 2020 APFF Roundtable Q. 16, 2020-0867071C6 F - APFF Q.16 - Withholding tax on swap payment Income Tax Act - Section 16 - Subsection 16(1) interest is no longer imputed on mismatched cross-border swap payments
Income Tax Act - Section 9 - Capital Gain vs. Profit - Swaps all amounts payable or receivable under a swap are on income account
7 October 2020 APFF Roundtable Q. 17, 2020-0845821C6 F - Part IV tax and trust Income Tax Act - 101-110 - Section 104 - Subsection 104(19) various applications of proposition that an s. 104(19) designation is not effective until the trust’s year end
Income Tax Act - Section 186 - Subsection 186(2) s. 104(13), unlike s. 104(19), can apply contemporaneously with a trust dividend distribution, and ss. 186(2) and 251(1)(b) can apply synergistically
Income Tax Act - 101-110 - Section 104 - Subsection 104(24) under the ordinary meaning of payable, an amount is payable at a time if it is paid then
2009-01-16 7 January 2009 External T.I. 2008-0286111E5 F - 88(1)d) and 87(11)-Late-filed designation Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(d) late designation generally permitted where pro rata bump and no retroactive tax planning
8 January 2009 Internal T.I. 2008-0299371I7 F - Montant pour enfant Income Tax Act - Section 118 - Subsection 118(1) - Paragraph 118(1)(b.1) separated spouse with joint custody not able to claim under s. 118(1)(b.1) because in a new common-law relationship – other spouse could
2008-10-10 26 September 2008 Internal T.I. 2008-0281111I7 F - Salaires admissibles - CICEA Income Tax Act - Section 127 - Subsection 127(9) - Eligible Apprentice wages of apprentice carpenter ineligible to the extent related to renovation rather than new construction
2008-08-22 12 August 2008 External T.I. 2008-0278401E5 F - Pension alimentaire Income Tax Act - Section 60 - Paragraph 60(b) support payments to fiancée living abroad with her children were not deductible
13 August 2008 External T.I. 2008-0286341E5 F - Pension d'invalidité reçue de la GRC Income Tax Act - Section 81 - Subsection 81(1) - Paragraph 81(1)(i) pension under s. 11(2) of the RCMP Superannuation Act would not be exempt
Income Tax Act - Section 81 - Subsection 81(1) - Paragraph 81(1)(d) RCMP disability pension would not fall within s. 81(1)(d)
2008-08-01 25 July 2008 External T.I. 2008-0284861E5 F - Bourse post-doctorale Income Tax Act - Section 56 - Subsection 56(1) - Paragraph 56(1)(n) post-doctoral fellowship recognized under s. 56(1)(n) rather than (o), as the research was merely a means to furtherance of academic career
2008-07-25 18 July 2008 External T.I. 2008-0271211E5 F - Fiducie de santé et de bien-être Income Tax Act - Section 248 - Subsection 248(1) - Private Health Services Plan PHSP can include a self-insured plan
15 July 2008 External T.I. 2008-0275471E5 F - Société de personnes/Ajustement au PBR Income Tax Act - Section 99 - Subsection 99(1) CRA was prepared to rule to avoid double taxation problem prior to the s. 99(1) amendment
Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(e) - Subparagraph 53(1)(e)(i) CRA intent to avoid double taxation from untimely basis adjustment for earned income
15 July 2008 External T.I. 2008-0278971E5 F - Feuillet T1204 Income Tax Regulations - Regulation 237 - Subsection 237(2) no T2014 slips required where the recipients did not have a contract with the federal government
15 July 2008 External T.I. 2008-0279271E5 F - Frais de déménagement en cas de faillite Income Tax Act - Section 128 - Subsection 128(2) as s. 128 is a complete code not covering moving expenses, an individual could deduct moving expenses incurred in the stub pre-bankruptcy year from bankruptcy year income