We have translated 8 more CRA severed letters

We have published two CRA interpretations and a ruling which were released last week and a further 5 translations of CRA interpretations released in October of 2003. Their descriptors and links appear below.

These are additions to our set of 2,390 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 19 1/3 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
2023-02-22 17 November 2022 External T.I. 2021-0919001E5 F - Eligible Dividends and Non-Capital Loss Carry-Back Income Tax Act - Section 152 - Subsection 152(6) - Paragraph 152(6)(c) s. 152(6)(c) permitted amending carryback request, if made within s. 152(6)(c) deadline and normal reassessment period, and implicitly authorized consequential Part III.1 reassessment
Income Tax Act - Section 152 - Subsection 152(3) s. 152(3) (and, consequentially, s. 185.2(2)) requires filing of amended return to reflect missing excessive dividend
Income Tax Act - Section 185.1 - Subsection 185.1(2) s. 185.1(2) election can be made before the incremental Part III.1 assessment that is being avoided
Income Tax Act - Section 89 - Subsection 89(1) - General Rate Income Pool - Element B B of formula reduces GRIP by NCLs carried back
Income Tax Act - Section 152 - Subsection 152(4) - Paragraph 152(4)(b) - Subparagraph 152(4)(b)(i) CRA discretion re accepting adjustment to losses carried back provided that the amendment request is made within the s. 152(4)(b)(i) period and loss year not statute-barred
22 December 2022 Internal T.I. 2020-0856411I7 F - SSUC/CEWS -– Rémunération admissible Income Tax Act - Section 125.7 - Subsection 125.7(1) - Eligible Remuneration eligible remuneration for each qualifying period for CEWS purposes includes additional payments for vacation and sick leave pay
2021 Ruling 2020-0862431R3 F - Variation of a trust deed and addition of new beneficiaries Income Tax Act - Section 248 - Subsection 248(1) - Disposition trust deed amendment by court order to permit addition of corporations that were only indirectly owned by family beneficiaries did not trigger a disposition/ such addition triggered dispostion of trust interests but without proceeds
Income Tax Act - Section 69 - Subsection 69(1) - Paragraph 69(1)(b) addition of corporate beneficiaries to discretionary trust resulted in a disposition by existing family beneficiaries, but not in the receipt by them of proceeds of disposition
2003-10-17 8 September 2003 External T.I. 2002-0163705 F - Choix Tardif
Also released under document number 2002-01637050.

Income Tax Act - Section 132.11 - Subsection 132.11(6) late designation can be requested pursuant to s. 220(3.2) in light of s. 220(3.21)(b)
Income Tax Act - Section 220 - Subsection 220(3.21) - Paragraph 220(3.21)(b) s. 220(3.21)(b) brings s. 132.11(6) within the s. 220(3.2) regime
23 September 2003 External T.I. 2002-0172175 F - Arrangements Funérailles - Provision 20(1)m)
Also released under document number 2002-01721750.

Income Tax Act - Section 20 - Subsection 20(1) - Paragraph 20(1)(m) portion of prepaid funeral amount which the funeral home can use in its operations is income under s. 9, not s. 12(1)(a), for which no s. 20(1)(m) reserve can be claimed
Income Tax Act - Section 12 - Subsection 12(1) - Paragraph 12(1)(a) prepaid funeral amounts which a funeral home was not required to hold in trust were s. 9, not s. 12(1)(a), income
12 September 2003 External T.I. 2003-0001335 F - Gain en Capital par une fiducie
Also released under document number 2003-00013350.

Income Tax Act - 101-110 - Section 104 - Subsection 104(21) s. 104(21) designation can be made even if non-taxable half of capital gain is retained by trust
17 September 2003 External T.I. 2003-0027555 F - REER JUGES
Also released under document number 2003-00275550.

Income Tax Act - Section 146 - Subsection 146(1) - RRSP Deduction Limit computation of RRSP deduction limit for federal judges
2 October 2003 Internal T.I. 2003-0031747 F - paiement pour service de volontaire
Also released under document number 2003-00317470.

Income Tax Act - Section 81 - Subsection 81(4) $1,000 cap is multiplied by the number of payers