We have translated 8 more CRA severed letters
14 November 2022 - 11:59pm
Email this ContentWe have published translations of a ruling and interpretation released by CRA last week and a further 6 translations of CRA interpretations released in April and January of 2004. Their descriptors and links appear below.
These are additions to our set of 2,279 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 18 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 |
|---|---|---|---|
| 2022-11-09 | 18 May 2022 Internal T.I. 2018-0788761I7 F - Amortissement – Travaux sur un bien loué et F&T | Income Tax Regulations - Regulation 1102 - Subsection 1102(5) - Paragraph 1102(5)(a) - Subparagraph 1102(5)(a)(iii) | rendering of an empty shell suitable for manufacturing constituted substantially changing its nature |
| Income Tax Regulations - Schedules - Schedule II - Class 8 - Paragraph 8(b) | property does not satisfy the “solely” test in Class 8(b) where it was necessary for the proper functioning of the building | ||
| Income Tax Act - Section 13 - Subsection 13(21) - Undepreciated Capital Cost - A | cost of installing property part of that property’s cost | ||
| Income Tax Regulations - Regulation 1102 - Subsection 1102(4) | to be improvements or alterations to leasehold interest, property acquisitions must be assimilated to landlord’s property | ||
| General Concepts - Ownership | leasehold improvements are assimilated to the landlord’s property unless the lease specifies otherwise | ||
| Income Tax Regulations - Regulation 1102 - Subsection 1102(5) | building shell was a building or structure/ addition refers to extension of structure | ||
| 2021 Ruling 2021-0916821R3 F - Continuance corporation from CBCA to Co-operative | Income Tax Act - Section 86 - Subsection 86(1) | application of s. 86 reorganization rule to a continuance from the CBCA to a Co-operatives Act | |
| Income Tax Act - Section 248 - Subsection 248(1) - Disposition | continuance from the CBCA to a Co-operatives Act did not entail disposition of assets, but s. 86 applied at the shareholder level | ||
| 2004-04-30 | 28 April 2004 Internal T.I. 2004-0071331I7 F - Régime d'investissement coopératif du Québec | Income Tax Act - Section 53 - Subsection 53(2) - Paragraph 53(2)(k) | listed assistance does not include a deduction from taxable income |
| 2004-04-23 | 15 April 2004 Internal T.I. 2004-0062451I7 F - Résidence principale | Income Tax Act - Section 54 - Principal Residence - Paragraph (c) | no need to file form for principal residence portion of disposed-of property if it was fully exempted |
| 2004-01-23 | 14 January 2004 External T.I. 2003-0046131E5 F - Convention de retraite - dépositaire | Income Tax Act - Section 207.6 - Subsection 207.6(2) | employer is deemed custodian under s. 207.6(2) |
| Income Tax Act - Section 248 - Subsection 248(1) - Retirement Compensation Arrangement | life insurance company can be a custodian | ||
| 2004-01-16 | 9 January 2004 External T.I. 2003-0049195 F - Winding Up or a Contractor Subco | Income Tax Act - Section 88 - Subsection 88(1) - Paragraph 88(1)(e.1) | s. 88(1)(e.1) would permit parent to step into shoes of sub re s. 12(1)(a) inclusion and s. 20(1)(m) reserveIdentical to 2003-00491950 |
| 9 January 2004 External T.I. 2003-0047341E5 F - Coût indiqué - Biens étrangers | Income Tax Act - Section 54 - Adjusted Cost Base | distribution of shares out of MFT and exchange for new MFT units would reset the ACB/ cost amount | |
| 9 January 2004 External T.I. 2003-00491950 F - Winding Up or a Contractor Subco | Income Tax Act - Section 9 - Timing | exclusion of contract holdbacks and unapproved invoices from construction contractor’s income is unaffected on s. 88(1) wind-up and flows through to parent | |
| Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(m) | deferred revenue of construction contractor would not be triggered on its s. 88(1) wind-up and parent would be put to claiming any available new s. 20(1)(m) reserve |