We have translated 10 more CRA severed letters

28 February 2022 - 11:01pm
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We have published translations of a CRA ruling and interpretation released last week and a further 8 translations of CRA interpretation released in May, 2005. Their descriptors and links appear below.

These are additions to our set of 1,942 full-text translations of French-language Technical Interpretation and Roundtable items (plus some ruling letters) of the Income Tax Rulings Directorate, which covers all of the last 16 ¾ years of releases of such items by the Directorate. These translations are subject to our paywall (applicable after the 5th of each month).

Bundle Date Translated severed letter Summaries under Summary descriptor
2022-02-23 2021 Ruling 2020-0874931R3 F - Post-mortem Pipeline Income Tax Act - Section 251.2 - Subsection 251.2(2) - Paragraph 251.2(2)(a) replacement of an executor resulted in an acquisition of control of subsidiaries
Income Tax Act - Section 84 - Subsection 84(2) pipeline using a joint Newco of children and estate
5 November 2021 External T.I. 2019-0812631E5 F - Allocation canadienne pour enfants et garde partagée Income Tax Act - Section 122.6 - Shared-Custody Parent - Paragraph (b) Lavrinenko interpretation regarding a shared-custody parent was legislatively overruled retroactively
2005-05-27 16 May 2005 Internal T.I. 2005-0119061I7 F - Montant d'aide-actions Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(x) - Subpargraph 12(1)(x)(viii) funding of film production company by shares rather than loan would not give rise to assistance
Income Tax Act - Section 125.4 - Subsection 125.4(1) - Assistance - Paragraph (a) conversion of loan that was taxable assistance into shares is not itself assistance]
Income Tax Act - Section 80 - Subsection 80(1) - Excluded Obligation - Paragraph (a) conversion of loan that was taxable assistance under s. 12(1)(x) into shares with lower FMV would not give rise to forgiven amount
Income Tax Regulations - Regulation 1106 - Subsection 1106(1) - Excluded Production - Paragraph (a) - Subparagraph (a)(iii) transfer of all the revenues to a film implies a transfer of its copyright
General Concepts - Ownership transfer of the economic benefit of copyright entails transfer of its ownership
Income Tax Act - Section 53 - Subsection 53(1) - Paragraph 53(1)(c) subscription for shares of sub at overvalue constitutes a contribution of capital, generating a s. 53(1)(c) basis bump
2005-05-20 13 May 2005 External T.I. 2005-0126531E5 F - Capital Gain Strip/Significant Increase Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) - Subparagraph 55(3)(a)(v) employees’ subscription for shares of employeeco and redemption years later of employeeco preferred shares held by parentco engaged the s. 55(3)(a)(v) exclusion
Income Tax Act - Section 55 - Subsection 55(3) - Paragraph 55(3)(a) - Subparagraph 55(3)(a)(ii) subscription by employees for shares of employeeco was part of series of transactions resulting in the redemption of shares held in employeeco, so that s. 55(3)(a)(ii) exclusion applied
13 May 2005 Internal T.I. 2005-0127041I7 F - Revisions of CCA and non-capital loss claims Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(a) - Revising Claims permissible to revise return to increase CCA and decrease NCL carryforward to that year
26 April 2005 External T.I. 2004-0107761E5 F - Aide à domicile/SAAQ Income Tax Act - Section 3 - Paragraph 3(a) - Business Source/Reasonable Expectation of Profit Maurice inapplicable where the adult, mentally capable, victim receives the insurance himself and pays it as compensation for his wife’s care services
Income Tax Act - Section 9 - Timing amount not business income until the entitlement thereto was determined
2 May 2005 External T.I. 2005-0115461E5 F - Résidence des membres du clergé Income Tax Act - Section 8 - Subsection 8(1) - Paragraph 8(1)(c) RC pastoral workers did not qualify
6 May 2005 External T.I. 2005-0116981E5 F - Rollover under section 85 of an ECP Income Tax Act - Section 14 - Subsection 14(1) - Paragraph 14(1)(a) “exempt gains balance" is of no utility in calculating the amount to be included in income under … 14(1)(a)"
29 April 2005 External T.I. 2005-0117371E5 F - Ristourne payée à une société de personnes Income Tax Act - Section 135 - Subsection 135(3) partnership is a look-though entity for patronage dividend withholding tax purposes
4 May 2005 Internal T.I. 2005-0121761I7 F - Déduction des intérêts - améliorations locatives Income Tax Act - Section 18 - Subsection 18(3.1) - Paragraph 18(3.1)(a) s. 18(3.1) generally inapplicable to borrowing by tenant to make leasehold improvements